Judge Reinstates Java Injunction

The trial judge in the Sun-Microsoft Java lawsuit has reinstated a key injunction based on claims of “unfair competition” by Sun. The injunction requires Microsoft to support some features of Sun’s version of Java and to warn developers when they use proprietary features in Microsoft’s version. The injunction’s reinstatement has no immediate impact—Microsoft says it has already complied and will continue to do so. However, the ruling highlights legal issues that could create trouble for Microsoft, particularly if it loses the separate Department of Justice (DoJ) antitrust suit.

Microsoft Wins on Copyright, Loses on Unfair Competition

Judge Ronald Whyte, of the U.S. District Court for Northern California, originally granted the injunction in Nov. 1998 on the basis of copyright law. Microsoft appealed the ruling to the U.S. Court of Appeals for the Ninth Circuit, arguing that Sun signed away the right to seek injunctions for copyright violations in its license agreement with Microsoft. The appeals court lifted the injunction and asked Judge Whyte to consider Microsoft’s claim. Judge Whyte has now sided with Microsoft; Sun may not seek any further injunctions against Microsoft on the basis of copyright.