Sun Files Private Antitrust Suit Against Microsoft

Sun Microsystems Microsoft

The suit, filed in the United States District Court in San Jose, Calif., seeks remedies for "the harm inflicted by Microsoft's anticompetitive behavior with respect to the Java platform and for damages resulting from Microsoft's illegal efforts to expand and maintain its monopoly power," according to a Sun press release.

In a conference call about the lawsuit, Michael Morris, Sun senior vice president and general counsel, said Sun also is seeking a preliminary injunction requiring Microsoft to include a current Java virtual machine (JVM) in its Windows XP operating system.

Microsoft said it was pulling Java support from Windows XP in July, and instead would offer users a plug-in that was downloadable from Microsoft's site to enable Web pages using Java to work on the system. At the time, Microsoft defended its move by citing a January 2001 settlement to a lawsuit Sun filed against Microsoft in 1997 over Microsoft's implementation of Java. That settlement agreement restricts what Microsoft could do in its implementation, Microsoft said.

Morris said the Java settlement between Microsoft and Sun in no way impeded Microsoft from including an updated JVM in the Windows XP OS.

"There is nothing in the agreement we signed with them that required Microsoft to give up support for JVM," said Morris. "It was purely a unilateral decision by Microsoft."

Morris said Sun is requesting that a judge hear Sun's arguments for the injunction in April, but does not expect that will happen. He added that Sun expects a judge will hear Sun's arguments and grant the preliminary injunction in no more than a year.

Morris cited the U.S. government's antitrust suit against Microsoft as a reason Sun has "an excellent chance" of winning its case. He said it has already been noted in the District of Columbia Court of Appeals' decision last year that Microsoft has an illegal monopoly in the desktop OS market and that Microsoft practiced anticompetitive behavior with regards to Java.

"Last June, the Court of Appeals for the District of Columbia said Microsoft harmed the Java platform," said Morris. "The critical facts [of the case have already been confirmed by the Court of Appeals, [which makes [this case a simpler and more straightforward process."