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Technology Stocks : All About Sun Microsystems
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To: JDN who wrote (11393)10/23/1998 2:23:00 PM
From: JC Jaros  Read Replies (1) of 64865
 
Dear Xiao: GOSH, if that e-mail is legally correct seems to me that contract greatly diminishes SUNW's appeal at least to me. I wonder if its true, if the contract could be negated by SUNW under grounds that they were duped and thus did not have a true MEETING OF THE MINDS on the contract? Any lawyers on board who can lend some light to this? JDN

Hey JDN- Most of the lawyers in the country are being employed by Microsoft right now, trying to keep Humpty propped up on the wall <g>.

Your post reminded me though that there was internal division within Sun regarding licensing Java to Microsoft at all. There was one side that thought Microsoft might co-opt Java. The internal Sun memo snippets could very well reflect that those Sun employee's were a part of that (distrust) camp and were worried about MSFT wiggle room in the Java contract.

Up north in Redmond at that time and in the months following, there were as well two camps at Microsoft. One camp, as the email record shows, was of the mind to Co-opt and 'pollute' the cross platform Java. That camp 'won' the internal Microsoft Java strategy debate.

I suppose there is some purely contractual defense to the suit. It's hard to see though, particularly in light of the MSFT internal discussion record, where the letter of the contract can be used against both the cross-platform intent of the license and the product itself. "Your Honor, this whole thing is the fault of naivete on the part of the plaintiff in thinking Microsoft wouldn't subvert Java in the first place" just doesn't sound like a winning defense.

JCJ
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