Comments
Richard Davies wrote: The UK has a good crop of technology pioneers in cloud computing - for example ElasticHosts, FlexiScale, Flexiant, OnApp - and also some strong government initiatives such as G-Cloud. We will have to see whether this kind of technical leadership converts into swift mass-market adoption or not.
Cloud Expo on Google News


2008 West
DIAMOND SPONSOR:
Data Direct
SOA, WOA and Cloud Computing: The New Frontier for Data Services
PLATINUM SPONSORS:
Red Hat
The Opening of Virtualization
GOLD SPONSORS:
Appsense
User Environment Management – The Third Layer of the Desktop
Cordys
Cloud Computing for Business Agility
EMC
CMIS: A Multi-Vendor Proposal for a Service-Based Content Management Interoperability Standard
Freedom OSS
Practical SOA” Max Yankelevich
Intel
Architecting an Enterprise Service Router (ESR) – A Cost-Effective Way to Scale SOA Across the Enterprise
Sensedia
Return on Assests: Bringing Visibility to your SOA Strategy
Symantec
Managing Hybrid Endpoint Environments
VMWare
Game-Changing Technology for Enterprise Clouds and Applications
Click For 2008 West
Event Webcasts

2008 West
PLATINUM SPONSORS:
Appcelerator
Get ‘Rich’ Quick: Rapid Prototyping for RIA with ZERO Server Code
Keynote Systems
Designing for and Managing Performance in the New Frontier of Rich Internet Applications
GOLD SPONSORS:
ICEsoft
How Can AJAX Improve Homeland Security?
Isomorphic
Beyond Widgets: What a RIA Platform Should Offer
Oracle
REAs: Rich Enterprise Applications
Click For 2008 Event Webcasts
SYS-CON.TV
Top Links You Must Click On


Microsoft Calls Injunction "Unprecedented and Extraordinary"
Microsoft Calls Injunction "Unprecedented and Extraordinary"

(April 7, 2003) - The latest episode in Sun and Microsoft's legal debate over the use of Java took place on Thursday, April 3. Microsoft's attorney David Tulchin requested that a federal appeals court lift a prior lower court's injunction that required Microsoft to include Sun's Java in Microsoft's Windows operating system until the district court can rule on a lawsuit filed by Sun accusing Microsoft of anti-competitive practices. Tulchin called the lower court's order "unprecedented and extraordinary," and argued that Sun had failed to prove it would suffer "imminent irreparable harm" if Microsoft failed to distribute its Java software.

The appeals court had earlier put a hold on the preliminary injunction. Judge Paul Niemeyer, one of three judges hearing Microsoft's appeal on Thursday, questioned the legal basis for U.S. District Judge J. Frederick Motz's injunction, and whether the injunction was necessary to prevent imminent harm to Sun while a trial was conducted.

Sun's attorney Lloyd R. Day replied that the injunction was not unprecedented, but he agreed that the case itself was extraordinary, "because of Microsoft's anticompetitive conduct, and extraordinary cases require extraordinary remedies." Charging that Microsoft has sought to sabotage Java, Sun is seeking $1 billion in damages, and alleges that Microsoft engaged in "anticompetitive acts against the Java platform and Sun with the purpose and effect of maintaining its monopoly over Intel-compatible PC operating systems."

The three-judge panel did not say when they would rule on Microsoft's appeal.

See related stories
Microsoft Wins Stay of Court Order Forcing Java into Windows

Sun: MS Delay Threatens Java Extinction

Sun vs Microsoft Injunction Order Filed: Victory for Whom?

Microsoft To Appeal Motz Ruling on JVM

Judge to MS: Ship Java in Windows in 120 Days

Microsoft "Gets a Monkey off Its Back" ...for $1.1 Billion

About Java News Desk
JDJ News Desk monitors the world of Java to present IT professionals with updates on technology advances, business trends, new products and standards in the Java and i-technology space.

In order to post a comment you need to be registered and logged in.

Register | Sign-in

Reader Feedback: Page 1 of 2

Another idea

Wah Wah Wah
Our client side JVM is so bad Microsoft had to spend their time and money creating a new one.
Spend some of the money being wasted for lawyers on product development and make the darn JVM so good that Microsoft will have to use it, because our customers (who are also their customers) will demand it.

Let

Sun doesn't want to force MS to include its JVM. MS has violated the license of Java for its VM and therefore has broken the law and must be punished and Sun must be compensated. The inclusion of Sun's JVM is meant to compensate Sun and help MS reduce the enourmous payout it will have to pay when the final judgement comes down. The reason that this is being discussed now is that it is in no doubt that MS is guilty, but what the punishment should be.

To Arron Bates, who thinks Java is slow. I have been programming Java applications for over four years. If you know what you are doing, you can write quick Java applications with no problem. If your Java program is slow it is YOUR fault as a programmer, not Java's fault.

The injunction to force MS to include Java with its OS is certainly necessary to level the playing field. You can be sure MS will be loading .Net stuff with its OS. MS's Java is non-standard and it is unfair to both the end-user as well as Sun and all other Java developers to expect the end-user to have to download a proper version of Java before they can use the technology. MS used this technique to win the browser war. Now it is hoping to win the server war by reducing the full usefulness of Java on the client.

I'm an avid Java supporter and I'm not seeing how this lawsuit makes any sense. Sun is asking that Microsoft be forced to ship a competitive technology (Java) with their operating system. That's akin to mandating that Sun ship .Net support with Solaris to make it fair for Microsoft to compete in the Unix world. Or another example is making Microsoft ship UltraEdit with their OS because I don't like Notepad.

I don't see how forcing a company to ship software that is a direct competitor (from a technology standpoint) is justifiable. If a user wants to use Java, download the JRE and/or the SDK (or whatever they call it with this release). What's next, someone forcing Microsoft to ship with a Fortran environment because the mathematicians are feeling left out?

It is very interesting to see all the brainwashed Microsoft cult followers and their response to this thread. I left the Microsoft pimp stable years ago and haven't looked back since. I got tired of developing for an inferior product.

Java is the dominating force in the Web development market. It will take a lot of improvement (or bribery) for Microsoft to even get close. To claim otherwise is to have a very large disconnect with reality.

The whole issue here is that Microsoft hasn't been in the real competitive world for quite some time. They thought they could violate a contract obligation, and they got their hand slapped. Not hard enough, but the inclusion of the java desktop is one of those consequences. The only anti-freedom issue here is what Microsoft wants to take away from the computer industry. God help us if they have their way.

I don't know about you, but if I'm going to get screwed, I like it on my own terms.

This courstr case is a mockery of freedom and the free market. Sun has lost, overwhelmingly in the market, just check the stock price and market share figures, yet seeks redress in the courts. What a bunch of losers. They are doomed.

All you people are just bitter at Microsoft's success. It is ridiculous to even attempt to claim that Sun's site is easier to use than Microsoft's and even more ridiculous to claim that Sun's development tools are easier to use than Microsoft's. Any app you develop using Sun tools, I can develop with MS tools in 40% of the time and end up with a more robust and much faster application. Java is slow - it always will be until it dies. Every performance issue that arises in my company is in an application utilizing Java - I never, ever get any requests to assist in optimizing MS applications. My initial response is always get rid of Java - it is a dog.

To sue a company to force it to include its competitor's product in its own is one of the most ridiculous things I have ever heard of . . . "I can't compete because my product is a piece of junk; therefore, you have to include my junk in your product that actually works."

Quit whining and develop something worthwhile and the market will demand its inclusion!

There is a little company called niku.com that produces business-tracking software.
* As part of niku software line is an applet for data input.
* The applet only runs in IE with the M$ Java VM. [The niku applet will not run under the Sun VM]
* Because of this little nuance with niku, BellSouth corporate standard is IE running M$ vm.

How does this impact Applet and Application development on the desktop?
Immeasurably.

Should M$ pay the price for the non-standard Java VM and put Sun VM everywhere?
Yes. M$ backdoor approach to ruling IT hurts everyone.

BTW, I had to use VB today. What an odious platform. I installed the product and it installed the help files, but in order to access them, I needed to install MSDN client (not included). I struggled to use it from memory (it's been 6 years), but eventually needed those darn help files.

Every time I have to go to the Microsoft website, I'm reminded why I hate Microsoft. They do a horrible job of allowing me to search their massive "knowledge base", which strikes me as verbose and disorganized. In contrast, I can almost always find what I need regarding whichever Java API I'm using.

As Tiffany stated so rightly, "the real battle is between MS and the consumer", who MS treats rather shabbily.

As a Sun stock owner and Java Tester, I sure wish 'Scooter' would spend Sun's time, energy, money on new product development and not on trying to beat Microsoft in the courts...The last time I looked, Sun's stock price was below $5 -- down 95% from its all time high...

Microsoft seems to be arguing, "Sure, I may have raped you 9 months ago, but you didn't die after all, did you? What's the harm? Lie back and enjoy it next time".

If this was brought about, then things would change on the desktop, and Sun would start paying more attention to the desktop.

Java's desktop performance is more than adequate for most applications.

I loved it when a couple of years back Java was its own platform on Tucows. Awesome. Methinks some money went Tucows way to remove it.

With Java mandated on the windows desktop, things would shift...

There is one thing thta anyone outside U.S. can see.

It

The real battle is between Microsoft and the consumer, who is getting defective products shoved down her throat. Who is suing Microsoft about this?


Feedback Pages:


Your Feedback
Paul wrote: Another idea
Paul wrote: Wah Wah Wah Our client side JVM is so bad Microsoft had to spend their time and money creating a new one. Spend some of the money being wasted for lawyers on product development and make the darn JVM so good that Microsoft will have to use it, because our customers (who are also their customers) will demand it. Let
David wrote: Sun doesn't want to force MS to include its JVM. MS has violated the license of Java for its VM and therefore has broken the law and must be punished and Sun must be compensated. The inclusion of Sun's JVM is meant to compensate Sun and help MS reduce the enourmous payout it will have to pay when the final judgement comes down. The reason that this is being discussed now is that it is in no doubt that MS is guilty, but what the punishment should be.
Joe Maia wrote: To Arron Bates, who thinks Java is slow. I have been programming Java applications for over four years. If you know what you are doing, you can write quick Java applications with no problem. If your Java program is slow it is YOUR fault as a programmer, not Java's fault. The injunction to force MS to include Java with its OS is certainly necessary to level the playing field. You can be sure MS will be loading .Net stuff with its OS. MS's Java is non-standard and it is unfair to both the end-user as well as Sun and all other Java developers to expect the end-user to have to download a proper version of Java before they can use the technology. MS used this technique to win the browser war. Now it is hoping to win the server war by reducing the full usefulness of Java on the client.
Dan White wrote: I'm an avid Java supporter and I'm not seeing how this lawsuit makes any sense. Sun is asking that Microsoft be forced to ship a competitive technology (Java) with their operating system. That's akin to mandating that Sun ship .Net support with Solaris to make it fair for Microsoft to compete in the Unix world. Or another example is making Microsoft ship UltraEdit with their OS because I don't like Notepad. I don't see how forcing a company to ship software that is a direct competitor (from a technology standpoint) is justifiable. If a user wants to use Java, download the JRE and/or the SDK (or whatever they call it with this release). What's next, someone forcing Microsoft to ship with a Fortran environment because the mathematicians are feeling left out?
Will Wilson wrote: It is very interesting to see all the brainwashed Microsoft cult followers and their response to this thread. I left the Microsoft pimp stable years ago and haven't looked back since. I got tired of developing for an inferior product. Java is the dominating force in the Web development market. It will take a lot of improvement (or bribery) for Microsoft to even get close. To claim otherwise is to have a very large disconnect with reality. The whole issue here is that Microsoft hasn't been in the real competitive world for quite some time. They thought they could violate a contract obligation, and they got their hand slapped. Not hard enough, but the inclusion of the java desktop is one of those consequences. The only anti-freedom issue here is what Microsoft wants to take away from the computer industry. God help us if they have their way. I don't know about you, but...
George Giles wrote: This courstr case is a mockery of freedom and the free market. Sun has lost, overwhelmingly in the market, just check the stock price and market share figures, yet seeks redress in the courts. What a bunch of losers. They are doomed.
fred wrote: All you people are just bitter at Microsoft's success. It is ridiculous to even attempt to claim that Sun's site is easier to use than Microsoft's and even more ridiculous to claim that Sun's development tools are easier to use than Microsoft's. Any app you develop using Sun tools, I can develop with MS tools in 40% of the time and end up with a more robust and much faster application. Java is slow - it always will be until it dies. Every performance issue that arises in my company is in an application utilizing Java - I never, ever get any requests to assist in optimizing MS applications. My initial response is always get rid of Java - it is a dog. To sue a company to force it to include its competitor's product in its own is one of the most ridiculous things I have ever heard of . . . "I can't compete because my product is a piece of junk; therefore, you have to include my ju...
malcolm davis wrote: There is a little company called niku.com that produces business-tracking software. * As part of niku software line is an applet for data input. * The applet only runs in IE with the M$ Java VM. [The niku applet will not run under the Sun VM] * Because of this little nuance with niku, BellSouth corporate standard is IE running M$ vm. How does this impact Applet and Application development on the desktop? Immeasurably. Should M$ pay the price for the non-standard Java VM and put Sun VM everywhere? Yes. M$ backdoor approach to ruling IT hurts everyone.
pat lynch wrote: As a Sun stock owner and Java Tester, I sure wish 'Scooter' would spend Sun's time, energy, money on new product development and not on trying to beat Microsoft in the courts...The last time I looked, Sun's stock price was below $5 -- down 95% from its all time high...
Bob White wrote: BTW, I had to use VB today. What an odious platform. I installed the product and it installed the help files, but in order to access them, I needed to install MSDN client (not included). I struggled to use it from memory (it's been 6 years), but eventually needed those darn help files. Every time I have to go to the Microsoft website, I'm reminded why I hate Microsoft. They do a horrible job of allowing me to search their massive "knowledge base", which strikes me as verbose and disorganized. In contrast, I can almost always find what I need regarding whichever Java API I'm using. As Tiffany stated so rightly, "the real battle is between MS and the consumer", who MS treats rather shabbily.
Bob White wrote: Microsoft seems to be arguing, "Sure, I may have raped you 9 months ago, but you didn't die after all, did you? What's the harm? Lie back and enjoy it next time".
Arron Bates wrote: If this was brought about, then things would change on the desktop, and Sun would start paying more attention to the desktop. Java's desktop performance is more than adequate for most applications. I loved it when a couple of years back Java was its own platform on Tucows. Awesome. Methinks some money went Tucows way to remove it. With Java mandated on the windows desktop, things would shift...
Sergio Di Fiore wrote: There is one thing thta anyone outside U.S. can see. It
Tiffany wrote: The real battle is between Microsoft and the consumer, who is getting defective products shoved down her throat. Who is suing Microsoft about this?
Pete Antoniak wrote: What is interesting about this court action, is that the Java they are fighting over is not J2EE, the Server Side Java that Sun has the greatest interest in, but the J2SE, the client side Java, that is of little value to Sun
Enterprise Open Source Magazine Latest Stories . . .
Apache Deltacloud, the Red Hat-contributed ReSTful API that abstracts differences between clouds so services on any cloud can be managed – provided of course there’s a driver – has graduated from the Apache Foundation’s incubator and is now a full-fledged Top-Level Project (TLP). The...
With Cloud Expo 2012 New York (10th Cloud Expo) just four months away, what better time to start introducing you in greater detail to the distinguished individuals in our incredible Speaker Faculty for the technical and strategy sessions at the conference... We have technical and st...
AMD said late Tuesday that its chief sales officer Emilio Ghilardi had left the company and that CEO and president Rory Read is going to do his job while a replacement is sought. AMD didn’t say why Ghilardi left but it’s assumed Read wants his own people. Read is relatively new to th...
During the lifespan of M3 (Monitis Monitor Manager) there has always been something lacking – timers. M3 execution procedure was outlined in this previous article. The execution mentioned in the latter was a one-time-execution, whereas server monitoring requires periodic invocati...
Red Hat is putting its bought-in Gluster scale-out NAS storage technology, acquired in October, on the Amazon cloud. It’s styled Red Hat Virtual Storage Appliance for Amazon Web Services and other clouds are supposed to follow in short order.
A new episode of the screencast series is now available at the OpenNebula YouTube Channel. This screencast demonstrates the new easily-customizable self-service portal for cloud consumers. Its aim is to offer a simplified access to shared infrastructure for non-IT end users. The scree...
Subscribe to the World's Most Powerful Newsletters
Subscribe to Our Rss Feeds & Get Your SYS-CON News Live!
Click to Add our RSS Feeds to the Service of Your Choice:
Google Reader or Homepage Add to My Yahoo! Subscribe with Bloglines Subscribe in NewsGator Online
myFeedster Add to My AOL Subscribe in Rojo Add 'Hugg' to Newsburst from CNET News.com Kinja Digest View Additional SYS-CON Feeds
Publish Your Article! Please send it to editorial(at)sys-con.com!

Advertise on this site! Contact advertising(at)sys-con.com! 201 802-3021


SYS-CON Featured Whitepapers
ADS BY GOOGLE