Judge says injunction did not apply to independent Java

February 19, 1999 — A federal judge’s decision Friday could leave the door open for Microsoft to market a competitor to Sun Microsystems’s Java programming language.

The ruling from US District Judge Ronald Whyte stemmed from a preliminary injunction he issued in November 1998 in Sun’s lawsuit that accuses Microsoft of breaking its Java license. The injunction ordered Microsoft to alter its Java products to conform with the Sun license during the trial, which Whyte said Sun seemed likely to win.

Two weeks ago Microsoft asked if that injunction applied to independently built Java technologies — so-called “clean-room” products that do not contain any of Sun’s Java code. Whyte clarified the injunction Friday, saying it did not apply to independent Java technologies.

Whyte’s ruling means “independent developments of Java technologies may not violate Sun’s copyright,” according to a statement issued by Microsoft.

“Sun is trying to prevent Microsoft from having the option of developing Java technologies, even without using Sun source code,” said Tom Burt, associate general counsel at Microsoft. “This is an option that is becoming more interesting in light of Sun’s efforts to limit innovation and make Java a clearly proprietary technology.”

“Development of competing technology is good for consumers, and good for Java developers,” Burt said. “Microsoft will continue to explore all our options to determine what is in the best interests of our customers.”

Officials at Sun, in a statement issued Friday, said, “We’re gratified that the Court has clarified that Microsoft is enjoined from infringing Sun’s copyrights. This ruling is a good step forward for us. We’re also glad that the Court indicated that it will promptly address the additional relevant legal issues when it reviews the summary judgement motions on March 12.”