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Sun, Microsoft settle Java lawsuit

Sun claims victory for Java's "Write Once, Run Anywhere" promise

By James Niccolai, IDG News Service, 01/24/01

Page 2 of 2

Tom Burt, Microsoft's deputy general counsel for litigation, portrayed Tuesday's settlement as a positive outcome for Microsoft.

"Microsoft is very pleased with the successful conclusion of this litigation," Burt said in a statement. The agreement confirms Microsoft's ability to independently develop technology to compete with Sun's products, the company said.

Sun scored a victory in the case in November 1998, when Judge Ronald Whyte of the U.S. District Court in San Jose, California, ruled that Sun was likely to win its case based on the merits and issued a preliminary injunction in Sun's favor. The injunction forced Microsoft to modify the Java technology it had distributed in its operating system, Web browser, and development tools so that it passed Sun's tests.

A U.S. Appeals Court overturned the injunction the following year, questioning the grounds on which Whyte had based his decision. Whyte reinstated the injunction, but based his order on California's unfair competition statutes rather than on copyright law, as Sun had requested. The ruling was seen as a partial victory for Sun.

Since then, the two sides have been in and out of court arguing over numerous motions in the case. Judge Whyte abruptly cancelled Wednesday's case management hearing late Monday night or Tuesday morning, presumably because the companies were close to reaching a settlement.

About the author

James Niccolai is San Francisco bureau chief for the IDG News Service, a JavaWorld affiliate.

The IDG News Service is a Network World affiliate.

 

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