Microsoft and Java are involved in a long-running legal dispute
over Sun's Java Virtual Machine (JVM), a piece of software that is
needed for a computer to run software written in Java.
The Java language, developed by Sun in 1995, is popular with
internet-based applications and allows programmers to develop
applications compatible with many types of computers, regardless of
the operating system they run.
The dispute started when Microsoft, which has developed its own
competing language and virtual machine, decided to drop JVM from
its Windows XP product.
In its lawsuit, Sun claims that Microsoft has also forced
developers to distribute products incompatible with Java. As a
result, according to Sun, developers are now turning to Microsoft's
.Net platform.
Together with the lawsuit, Sun asked the court to issue a
temporary order requiring Microsoft to ship JVM with each copy of
Windows XP and Internet Explorer, claiming that, if it waited until
the case was heard, it would be left far behind in the competition.
The court granted the order two days before Christmas, reasoning
that Microsoft had gained an unfair advantage.
Microsoft appealed the order and earlier this month, a federal
appeals court agreed to temporarily suspend the order, until the
appeal itself is heard.
As part of its defence, Microsoft filed counterclaims on Friday
in the US District Court for the District of Maryland, where the
antitrust case is pending. In its defence, the software giant
alleged that Sun had violated a settlement reached in 2001 between
the two companies over Java.
That settlement ended a previous legal dispute dating back to
1997, when Sun accused Microsoft of violating its licensing
agreement by distributing incompatible versions of Java whilst
deceptively presenting them as compatible.
The two companies settled that lawsuit in January 2001, with
Microsoft agreeing to pay Sun $20 million for the past use of the
technology in dispute. Microsoft also agreed to stop using Sun's
"Java Compatible" trade mark.
Sun, on the other hand, agreed to grant Microsoft a limited
licence to continue shipping certain products that included Java
for seven years.
Microsoft is making three counterclaims: breach of contract over
the 2001 settlement, a breach of good faith and violation of
California's competition laws.
The software giant claimed in its filing: "Sun did not seek to
promote competition or consumer benefit, but to obtain a free ride
on Microsoft's success." The company adds that Sun's actions "were
undertaken wilfully and deliberately with an intent to cause
competitive injury to Microsoft and to aid competitors."
Sun, on the other hand, has reportedly said that it will bring
evidence proving its claims, which will "answer Microsoft's
counterclaims in trial."
Microsoft's counterclaims filing is available here
