To: ToySoldier who wrote (16428 ) 2/18/1999 11:22:00 PM From: John F. Dowd Respond to of 74651
When the judge handed down the Java injunction yours truly predicted that the following would be the outcome- that is MSFT would be free to develop their own Java-like code: SEATTLE (Reuters) - A federal judge clarified Thursday a ruling against Microsoft Corp., saying the software giant is free to distribute Java technologies developed independently of its rival Sun Microsystems Inc. While Microsoft has not announced any such products, the company sought and welcomed the clarifying order from U.S. District Judge Ronald Whyte in San Jose, California, and said it offered new options in the bitter Sun litigation. Sun sued Microsoft in October 1997, alleging Microsoft had violated its license to use Java and was "polluting" the technology by distributing incompatible software tools and systems, including versions of Windows. In an issue that has been drawn into the government's massive antitrust case against Microsoft, Sun contended Microsoft intentionally was trying to undermine Java's potential to allow programs to run on a variety of platforms. In November, Whyte backed Sun and issued a preliminary injunction that forced Microsoft to modify slightly Windows 98 and other products. As of the close of business Thursday, the judge's order was not available at the courthouse in San Jose. But representatives of both Microsoft and Sun said they had seen faxed copies of the order. "The court clarifies that it does not restrict Microsoft distribution of any Java technology that is not derived from any Sun material," Whyte said in the ruling, according to the faxed copies that were circulating among lawyers. But the judge said that nothing in his clarification should be construed as authorizing Microsoft to distribute any product "which infringes on Sun's copyrights or other intellectual property rights in Java technology, or that violate Microsoft's licensing agreement with Sun." Even before the ruling was issued publicly, Microsoft declared it was "very pleased" with the clarification. "Sun is trying to prevent Microsoft from having the option of developing Java technologies, even without using Sun source code," Microsoft associate general counsel Tom Burt said in a statement. "This is an option that is becoming more interesting in light of Sun's efforts to limit innovation and make Java a clearly proprietary technology." In the past, Microsoft executives have noted that they have the option of halting support for Java. The trade publication PC Week this week carried a report that Microsoft is considering the possibility of a new, rival language. Microsoft officials have acknowledged conducting research on a project code-named "Cool," but said no decisions have been made and no code has been written. Rob Enderle, an analyst with Giga Information Group, said the ruling was a significant victory for Microsoft. "It definitely changes the landscape," he said. "With this ruling, they get a substantial amount of room to maneuver." A spokeswoman for Sun in Palo Alto, Calif. said there were many other legal issues to be looked at, including Sun's intellectual property rights and copyrights. I have also said that and still contend that the DOJ has proven no harm to the consumer and that MSFT's monopoly is a natural one created by the market place and not by artificial barriers. The Emails make interesting reading and techno-gossip but they do not constitute any restraint of trade. True MSFT could have done better with the videos but the point is that videos told a story that 1. IE was integral to Windows and 2. You could download NSCP. I myself have downloaded every browser offered by both companies. NSCP still has over 50% of the market and they received quite a premium in the AOL buyout - so no damage there. As they say in basketball no harm - no foul. This case is still born and although DOJ showed they were good at finding discrepancies there is simply no evidence of any anti trust violations and no harm to the consumer. Linux shows competition is alive and that like UNIX it will prove to be a non commercial event. MSFT is now free to resume its ascent. JF Dowd