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Microsoft Appeals Java Ruling

The court shouldn't force a software change, Microsoft says.

By James Niccolai, PCWorld   

Judge Ronald Whyte of the U.S. District Court in San Jose awarded the injunction last November. Sun filed suit in October 1997, claiming that Microsoft tried to undermine Java by releasing "polluted" versions of the technology in Internet Explorer, Windows 98, and other Microsoft products. Microsoft denies the charges.

Last September, Whyte ruled that Sun would likely win the suit based on the merits of the case, and ordered Microsoft to amend its products' use of Java so they would pass Sun's Java compatibility tests.

"Microsoft believes that the district court made several errors that should be reversed by the court of appeals," said Tom Burt, associate general counsel at Microsoft.

The district court misinterpreted the terms of Microsoft's licensing contract with Sun, and mistakenly treated the challenge as a copyright issue rather than a contract dispute, Microsoft contends. Also, the court should not have determined that the contract requires Microsoft to use Sun's Java Native Interface technology in its products, according to Microsoft's appeal.

Sun has 28 days to file a reply, and its lawyers are working on the appeal now, according to a Sun representative.

The court gave Microsoft 90 days to change its products. In December, the company requested more time. Judge Whyte will consider that motion at a hearing Friday.