[MD1] Sun/Microsoft Contract Released
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[MD1] Sun/Microsoft Contract Released

Sun and Microsoft have agreed to make their agreement and other text
public. Below is the release from Sun and the release from Microsoft.
Obviously, they are both written from each company's point of view, and
we're presenting both sets of overlapping content to be fair.

MacDev-1 Team



Amended Complaint: http://java.sun.com/aboutJava/info/complaint.html
Technology License and Distribution Agreement:
Trademark License Agreement: http://java.sun.com/aboutJava/info/tm.html

Sun Microsystems Inc.'s lawsuit against Microsoft's use of the Java(TM)
technology has received widespread attention. This action has aroused
considerable interest from the media, the industry and the public in the
contracts Microsoft signed with Sun to develop and distribute products
incorporating Sun's Java technology and to use the Java Compatible

When the contracts were signed in March, 1996, both parties agreed to keep
the documents confidential, which is why they were filed with the court
under seal. We are pleased to announce today that both parties have agreed
to release the documents to the public. We are making available here today
both the complaint and the contracts at http://java.sun.com/announcement/.

We believe the contracts will speak for themselves. Our position on
Microsoft's breaches of the contracts and other misconduct have been
clearly articulated in the complaint. Because this matter is in litigation,
we will refrain from publicly debating specific terms of the contracts.

It is worth, however, revisiting the business model Sun has developed in
openly licensing the Java technology to 117 entities worldwide. We have
contracted with each of our licensees to act as distributors of the Java
Technology so that each licensee can realize the benefits of cross-platform
compatibility with all other licensees.

In order to achieve our goal in which software applications written using
the Java environment can "run anywhere," it is critical that each
implementation remain compatible with the interfaces defined in a
collaborative industry process led by Sun. That compatibility is confirmed
through the compatibility test suite provided by Sun, which all 117
licensees are required to pass.

The Java Compatible logo signifies that a licensee's product which
incorporates the Java Technology has passed Sun's compatibility test suite.

The purpose of our contracts with Microsoft is clear: to secure and
maintain Microsoft's compatibility with each of our other 116 distributors.
The purpose of our lawsuit is also clear: to enforce Microsoft's obligation
to maintain its compatibility with all our licensees and the Java developer

Separately, on Tuesday, October 14, Sun filed an amended complaint. It is
that amended complaint that is posted to the web site today. The amendment
includes Sun's claim for damages as a result of Microsoft's unlawful
distribution of Sun source code as a part of the beta version of
Microsoft's Software Development Kit for Java. Sun is seeking damages in
the amount of $35,000,000 for this breach by Microsoft.


Microsoft Makes Java Contract with Sun Public

Microsoft challenged Sun to make its Java contract public after Sun filed
the agreement under seal on Oct. 7. Today, Microsoft is publishing the
contract in its entirety along with a set of frequently asked questions to
help explain the terms. As Microsoft Vice President Brad Chase said in his
letter to customers on Oct. 9, "It is disappointing this dispute couldn't
be resolved without Sun filing a lawsuit. We are in compliance with the
contract, and we fully expect the court to agree."

Q&A Explaining Terms of the Contract (10/15/97):

Read the Contract (10/15/97):

A Letter to Our Customers Regarding the Sun Lawsuit (10/9/97):

Microsoft's Response to the Sun Lawsuit (10/9/97):

Frequently Asked Questions Regarding the Sun Lawsuit (10/9/97):


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