[MD1] Sun Sues Microsoft over Java
TweetFollow Us on Twitter

[MD1] Sun Sues Microsoft over Java

Try the Java applet version
SUN SUES MICROSOFT FOR BREACH OF JAVA(TM) CONTRACT

Microsoft fails Java compatibility tests for Internet Explorer 4.0

PALO ALTO, Calif. -- October 7, 1997 -- Sun Microsystems, Inc. today
announced that it has filed a lawsuit in U.S. District Court against
Microsoft Corporation for breaching its contractual obligation to deliver a
compatible implementation of JavaTM technology on its products. Sun is
seeking an injunction to prevent Microsoft from improperly using the Java
Compatible logo. Sun is also seeking to prevent Microsoft from misleading
Java developers and to prevent them from delivering anything but fully
compatible Java technology implementations.

Specifically, the complaint charges Microsoft with trademark infringement,
false advertising, breach of contract, unfair competition, interference
with prospective economic advantage and inducing breach of contract.

One of Microsoft's or any Java licensee's most significant contractual
obligations is to pass the Java compatibility tests, which determine if
their technologies conform to the Java specifications and APIs. The
products that failed are Microsoft's new Internet Explorer 4.0 browser and
its Software Development Kit for Java (SDKJ). As a result, applications
written using Microsoft's development tools may not run on other operating
systems such as MacOS, UNIX, or other browsers such as Netscape Navigator.
Conversely, applications written using Sun's Java Development Kit that run
on MacOS, UNIX and Netscape Navigator may not run on Internet Explorer 4.0.

"Sun's first responsibility as stewards of the Java technology is to
preserve the significant investments that Sun and hundreds of companies
have made. We are required to take this action on behalf of our licensees,
the Java industry and Sun's shareholders," said Alan Baratz, president of
Sun's JavaSoft division.

Baratz added that for the past six months and up until 6 p.m. Sunday,
September 28, Sun worked diligently with Microsoft in hopes of convincing
them to abide by their agreements.

According to the complaint, "Rather than comply with its contractual
obligations, defendant Microsoft has instead embarked on a deliberate
course of conduct in an attempt to fragment the standardized application
programming environment established by the Java technology, to break the
cross-platform compatibility of the Java programming environment, and to
implement the Java technology in a manner calculated to cause software
developers to create programs that will operate only on platforms that use
defendant Microsoft's Win32-based operating systems and no other systems
platform or browser."

The complaint further alleges, "In particular, defendant Microsoft has
deceptively modified the Java APIs. . . By secretly adding Win32-specific
and other APIs to the Java class libraries . . . Microsoft has acted to
induce independent software developers who use SDKJ unwittingly to write
programs. . . expecting to achieve cross-platform functionality. . ."

"We examined all of our alternatives and felt that we had no choice but to
pursue litigation," said Michael Morris, Vice President and General
Counsel, Sun Microsystems, Inc.

The suit was filed today, October 7, 1997 at United States District Court,
Northern District of California, San Jose Division.

The complaint specifies that Sun is seeking "preliminary and permanent
injunction enjoining Microsoft. . .from using the Java Compatible logo;
from doing directly or indirectly any acts or making any statements that
are likely to cause confusion, mistakes or deception in the marketplace as
to the compatibility of IE 4.0 and SDKJ 1.1 with Sun's Java technology . .
. from doing directly or indirectly any acts that are likely to diminish
the value of the Java Compatible logo. . ."

"The Java brand has enormous value in the industry. When users see `Java'
they know they can expect Write Once Run AnywhereTM, Safe Network Delivery,
and Smart Card to Supercomputer Scalability," said Baratz. "We are
obligated to ensure that Java will always mean those things, and the
industry fully supports that philosophy."

Sun noted that Windows users can access applications written for the Java
Programming Environment by using Netscape Navigator. In addition, Java
developers can bundle the Java Performance Runtime for Windows in their
applications. Using this product, developers can deliver high-performance,
fully-compliant Java for Windows.

For More Information

Sun Microsystems, Inc.

Lisa Poulson
408-343-1630
lisa.poulson@eng.sun.com

Susanne Vagadori
650-786-8281
susanne.vagadori@corp.sun.com

About Sun Microsystems, Inc.

Since its inception in 1982, a singular vision, "The Network Is The
ComputerTM", has propelled Sun Microsystems, Inc., (NASDAQ: SUNW), to its
position as a leading provider of hardware, software and services for
establishing enterprise-wide intranets and expanding the power of the
Internet. With more than $8.5 billion in annual revenues, Sun can be found
in more than 150 countries and on the World Wide Web at http://www.sun.com.

Sun, the Sun logo, Sun Microsystems, Java, Write Once Run Anywhere, and The
Network Is The Computer, are trademarks or registered trademarks of Sun
Microsystems, Inc. in the United States and other countries. UNIX is a
registered trademark in the United States and other countries, exclusively
licensed through X/Open Company, Ltd.

Q & A Addendum

Q1: Why is Sun suing Microsoft?
A1: It is Sun's responsibility to defend the integrity of Java. We must do
everything we can to preserve the significant investments that Sun and
hundreds of companies have made in Java. We are taking this action on
behalf of our licensees, the Java industry and Sun's shareholders.

Q2: What is the nature of the complaint? Has Sun revoked Microsoft's
license? A2: Sun has sued Microsoft for breaching its contractual
obligation to deliver a complete, fully-compatible implementation of Java
on its products. Sun is seeking an injunction to prevent Microsoft from
using the Java Compatible logo.Sun is seeking to prevent Microsoft from
misleading Java developers, and to prevent them from delivering anything
but fully compatible Java technology implementations.

The complaint alleges trademark infringement, false advertising, breach of
contract, unfair competition, interference with prospective economic
advantage and inducing breach of contract.

To be very clear, this action does not seek to revoke Microsoft's license.
Our goal is to pressure Microsoft to fulfill the obligations created in
that license.

Q3: How did Microsoft breach their agreement? A3: Microsoft delivered a
product that did not pass the Java compatibility tests. Their license with
Sun is very specific that no product containing any Java technologies may
be shipped without first passing the Java compatibility tests. IE 4.0 does
not pass the tests.

Q4: How does IE 4.0 fail the tests?
A4: First, IE 4.0 does not support the Java Native Method Interface (JNI),
nor does it support Remote Method Invocation (RMI). However, there are
other serious compatibility problems. IE 4.0 adds public API into several
"java." packages. Several methods and fields were added to the awt, lang,
and net packages. In addition, a small number of "java." public methods
were removed.

Java developers expect that the public API found in any package with a name
beginning "java." is part of the standard Java platform and that this API
will be available in all Java Compatible implementations. Because Microsoft
has put these additions in the "java.* hierarchy" developers using
Microsoft's SDK can create apps or applets which they believe will run
anywhere, which will only run in Microsoft Java products.

Q5: What's JNI? Why is it important?
A5: The Java Native Method Interface is an interface of the Java Virtual
Machine that provides a way for developers to access native functionality
on host platforms.

Q6: What's RMI? Why is it important?
A6: RMI is a an API that enables objects to be distributed in homogeneous
Java to Java systems. Creating and implementing distributed computing
architectures is one of Java's greatest strengths. A platform that did not
include RMI would undermine this strength significantly.

Q7: What's JFC and is it part of this dispute? A7: The Java Foundation
Classes are a comprehensive set of class libraries developers use to create
the look and feel of Java applications. It will be shipped in about a
year's time. At this point, they are not yet bundled with the JDK and are
therefore neither part of the current Java Compatibility tests nor part of
the complaint.

Q8: How do the Java compatibility tests work? A8: The test suites are based
on the Java specifications. There are specific test suites for Java
compilers, Java Virtual Machines, and Java API class libraries. The tests
are bundled along with test tools to execute the tests into the package we
call the Java Compatibility Kit. Each licensee is required to run the Java
compatibility tests themselves. We offer support and guidance as needed. In
addition, we audit tests results when they are delivered to us, and may run
the tests on licensees' products ourselves.

Q9: Is Java fragmenting?
A9: There is only one Java. It is the platform that Sun and its other 116
licensees provide to the industry, the platform that over 700,000
developers are using to build apps; the platform that delivers a unique
value proposition -- Write Once Run Anywhere, Safe Network Delivery; and
Smart Card to Supercomputer Scalability. Only one of Sun's 116 Java
licensees is seeking to deliberately undermine that value proposition and
to confuse developers.

Q10: Is Netscape any more compliant than Microsoft? A10: First, Netscape
has been very clear with developers about their level of Java
compatibility. Netscape does not misrepresent their status to developers,
nor do they attempt to confuse them. Second, Netscape has a stated,
demonstrated, commitment to delivering fully compliant Java implementations
within their products.

Q11: How is Microsoft's behavior different from other Java licensees'? A11:
Microsoft is acting to undermine the Java value proposition. Microsoft has
deliberately modified the Java class hierarchy by inserting Microsoft
methods disguised as Java methods within the hierarchy. Because Microsoft's
has deliberately mislabeled the methods, developers using these methods may
be deceived into believing that they have written 100% Pure Java apps.
Because the methods exist only in Microsoft's SDK for Java and IE 4.0
products, developers will find that these apps can only run on Internet
Explorer 4.0.

Microsoft has tried time and time again to FUD Write Once Run Anywhere.
They have attempted to fulfill this claim by inserting their own technology
within their Java implementation.

Q12: Is there a right way to add functionality to the Java platform? A12:
Of course. We encourage all of our licensees to make improvements on top of
the Java platform. There is a well-defined infrastructure in place for
doing so.

Any company who wishes to add function for Java has two options: propose
the enhancement to us for incorporation into the Java APIs, or develop and
deliver this new functionality OUTSIDE of the public Java API package.

Suggestions for changes within the Java API may be given to Sun to be
evaluated by the Java community through Sun's well-established processes.
No licensee may unilaterally make changes within the Java API and deliver
them into the marketplace, as Microsoft has done.

Developers are entitled to expect that their use of Java classes will be
supported on all Java Compatible programs.

Unauthorized changes WITHIN the Java API may undermine the Java value
proposition -- platform independence, safety, scalability. That is the
reason these kinds of changes are not permitted. The Java compatibility
tests inspect implementations to ensure that changes to the public Java API
are not made.

Q13: How will Windows users get Java now? A13: Netscape Navigator is the
best choice for end users who want to be sure they can always run Java.

For developers, Sun offers the Java Performance Runtime for Windows, a high
performance implementation of what's required to run Java apps on Win 32
platforms, free of charge to developers. It is available for download from
our web site.

Q14: How can Sun win a lawsuit against Microsoft, the most powerful
software company in the world? A14: The issues are extremely clear here.
The court looks at the case, not the companies involved. We are very
confident that the court will see the merits of the complaint and move to a
speedy resolution.

 
AAPL
$99.02
Apple Inc.
+1.35
MSFT
$43.97
Microsoft Corpora
-0.53
GOOG
$590.60
Google Inc.
+1.58

MacTech Search:
Community Search:

Software Updates via MacUpdate

Acorn 4.4 - Bitmap image editor. (Demo)
Acorn is a new image editor built with one goal in mind - simplicity. Fast, easy, and fluid, Acorn provides the options you'll need without any overhead. Acorn feels right, and won't drain your bank... Read more
Bartender 1.2.20 - Organize your menu ba...
Bartender lets you organize your menu bar apps. Features: Lets you tidy your menu bar apps how you want. See your menu bar apps when you want. Hide the apps you need to run, but do not need to... Read more
TotalFinder 1.6.2 - Adds tabs, hotkeys,...
TotalFinder is a universally acclaimed navigational companion for your Mac. Enhance your Mac's Finder with features so smart and convenient, you won't believe you ever lived without them. Tab-based... Read more
Vienna 3.0.0 RC 2 :be5265e: - RSS and At...
Vienna is a freeware and Open-Source RSS/Atom newsreader with article storage and management via a SQLite database, written in Objective-C and Cocoa, for the OS X operating system. It provides... Read more
VLC Media Player 2.1.5 - Popular multime...
VLC Media Player is a highly portable multimedia player for various audio and video formats (MPEG-1, MPEG-2, MPEG-4, DivX, MP3, OGG, ...) as well as DVDs, VCDs, and various streaming protocols. It... Read more
Default Folder X 4.6.7 - Enhances Open a...
Default Folder X attaches a toolbar to the right side of the Open and Save dialogs in any OS X-native application. The toolbar gives you fast access to various folders and commands. You just click... Read more
TinkerTool 5.3 - Expanded preference set...
TinkerTool is an application that gives you access to additional preference settings Apple has built into Mac OS X. This allows to activate hidden features in the operating system and in some of the... Read more
Audio Hijack Pro 2.11.0 - Record and enh...
Audio Hijack Pro drastically changes the way you use audio on your computer, giving you the freedom to listen to audio when you want and how you want. Record and enhance any audio with Audio Hijack... Read more
Intermission 1.1.1 - Pause and rewind li...
Intermission allows you to pause and rewind live audio from any application on your Mac. Intermission will buffer up to 3 hours of audio, allowing users to skip through any assortment of audio... Read more
Autopano Giga 3.6 - Stitch multiple imag...
Autopano Giga allows you to stitch 2, 20, or 2,000 images. Version 3.0 integrates impressive new features that will definitely make you adopt Autopano Pro or Autopano Giga: Choose between 9... Read more

Latest Forum Discussions

See All

Traps n’ Gemstones Review
Traps n’ Gemstones Review By Campbell Bird on July 28th, 2014 Our Rating: :: CASTLEVANIA JONESUniversal App - Designed for iPhone and iPad Fight mummies, dig tunnels, and ride a runaway minecart to discover ancient secrets in this... | Read more »
The Phantom PI Mission Apparition Review
The Phantom PI Mission Apparition Review By Jordan Minor on July 28th, 2014 Our Rating: :: GHOSTS BUSTEDUniversal App - Designed for iPhone and iPad The Phantom PI is an exceedingly clever and well-crafted adventure game.   | Read more »
More Stubies Are Coming Your Way in a Ne...
More Stubies Are Coming Your Way in a New Update Posted by Jessica Fisher on July 28th, 2014 [ permalink ] Universal App - Designed for iPhone and iPad | Read more »
The Great Prank War Review
The Great Prank War Review By Nadia Oxford on July 28th, 2014 Our Rating: :: PRANKING IS SERIOUS BUSINESSUniversal App - Designed for iPhone and iPad Though short, The Great Prank War offers an interesting and fun mix of action and... | Read more »
Marvel Contest of Champions Announced at...
Marvel Contest of Champions Announced at Comic-Con Posted by Jennifer Allen on July 28th, 2014 [ permalink ] Announced over the weekend at San Diego Comic-Con was the fairly exciting looking Marvel Contest of Champions. | Read more »
Teenage Mutant Ninja Turtles Review
Teenage Mutant Ninja Turtles Review By Jennifer Allen on July 28th, 2014 Our Rating: :: DULL SWIPINGUniversal App - Designed for iPhone and iPad The pizza power is weak when it comes to this Teenage Mutant Ninja Turtles game.   | Read more »
Exploration Focused Puzzle Game Beatbudd...
Exploration Focused Puzzle Game Beatbuddy Set to Make Transition from PC to iOS this September Posted by Jennifer Allen on July 28th, 2014 [ permalink ] | Read more »
PlanetHD
PlanetHD By Nadia Oxford on July 28th, 2014 Our Rating: :: SPACE MADNESSUniversal App - Designed for iPhone and iPad PlanetHD will keep players busy for a while, though its unpredictable physics are a handful to deal with.   | Read more »
This Week at 148Apps: July 21-25, 2014
Another Week of Expert App Reviews   At 148Apps, we help you sort through the great ocean of apps to find the ones we think you’ll like and the ones you’ll need. Our top picks become Editor’s Choice, our stamp of approval for apps with that little... | Read more »
Reddme for iPhone - The Reddit Client (...
Reddme for iPhone - The Reddit Client 1.0 Device: iOS iPhone Category: News Price: $.99, Version: 1.0 (iTunes) Description: Reddme for iPhone is an iOS 7-optimized Reddit client that offers a refreshing new way to experience Reddit... | Read more »

Price Scanner via MacPrices.net

13-inch 2.5GHz MacBook Pro on sale for $1099,...
Best Buy has the 13″ 2.5GHz MacBook Pro available for $1099.99 on their online store. Choose free shipping or free instant local store pickup (if available). Their price is $100 off MSRP. Price is... Read more
Roundup of Apple refurbished MacBook Pros, th...
The Apple Store has Apple Certified Refurbished 13″ and 15″ MacBook Pros available for up to $400 off the cost of new models. Apple’s one-year warranty is standard, and shipping is free. Their prices... Read more
Record Mac Shipments In Q2/14 Confound Analys...
A Seeking Alpha Trefis commentary notes that Apple’s fiscal Q3 2014 results released July 22, beat market predictions on earnings, although revenues were slightly lower than anticipated. Apple’s Mac’... Read more
Intel To Launch Core M Silicon For Use In Not...
Digitimes’ Monica Chen and Joseph Tsai, report that Intel will launch 14nm-based Core M series processors specifically for use in fanless notebook/tablet 2-in-1 models in Q4 2014, with many models to... Read more
Apple’s 2014 Back to School promotion: $100 g...
 Apple’s 2014 Back to School promotion includes a free $100 App Store Gift Card with the purchase of any new Mac (Mac mini excluded), or a $50 Gift Card with the purchase of an iPad or iPhone,... Read more
iMacs on sale for $150 off MSRP, $250 off for...
Best Buy has iMacs on sale for up to $160 off MSRP for a limited time. Choose free home shipping or free instant local store pickup (if available). Prices are valid for online orders only, in-store... Read more
Mac minis on sale for $100 off MSRP, starting...
Best Buy has Mac minis on sale for $100 off MSRP. Choose free shipping or free instant local store pickup. Prices are for online orders only, in-store prices may vary: 2.5GHz Mac mini: $499.99 2.3GHz... Read more
Global Tablet Market Grows 11% in Q2/14 Notwi...
Worldwide tablet sales grew 11.0 percent year over year in the second quarter of 2014, with shipments reaching 49.3 million units according to preliminary data from the International Data Corporation... Read more
New iPhone 6 Models to Have Staggered Release...
Digitimes’ Cage Chao and Steve Shen report that according to unnamed sources in Apple’s upstream iPhone supply chain, the new 5.5-inch iPhone will be released several months later than the new 4.7-... Read more
New iOS App Helps People Feel Good About thei...
Mobile shoppers looking for big savings at their favorite stores can turn to the Goodshop app, a new iOS app with the latest coupons and deals at more than 5,000 online stores. In addition to being a... Read more

Jobs Board

*Apple* Solutions Consultant (ASC) - Apple (...
**Job Summary** The ASC is an Apple employee who serves as an Apple brand ambassador and influencer in a Reseller's store. The ASC's role is to grow Apple Read more
Sr. Product Leader, *Apple* Store Apps - Ap...
**Job Summary** Imagine what you could do here. At Apple , great ideas have a way of becoming great products, services, and customer experiences very quickly. Bring Read more
*Apple* Solutions Consultant (ASC) - Apple (...
**Job Summary** The ASC is an Apple employee who serves as an Apple brand ambassador and influencer in a Reseller's store. The ASC's role is to grow Apple Read more
*Apple* Solutions Consultant (ASC) - Apple (...
**Job Summary** The ASC is an Apple employee who serves as an Apple brand ambassador and influencer in a Reseller's store. The ASC's role is to grow Apple Read more
WW Sales Program Manager, *Apple* Online St...
**Job Summary** Imagine what you could do here. At Apple , great ideas have a way of becoming great products, services, and customer experiences very quickly. Bring Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.