Date: Mon, 13 Oct 97 21:21:49 PDT

Subject: MS vs SUN





       SUN SUES MICROSOFT FOR BREACH OF JAVA CONTRACT

       Microsoft fails Java compatibility tests for

                 Internet Explorer 4.0

       PALO ALTO, Calif. -- October 7, 1997 -- Sun Microsystems,

  Inc. today announced that it has filed a lawsuit in U.S. District

  Court against Microsoft Corporation for breaching its contractual

  obligation to deliver a compatible implementation of Java (TM)

  technology on its products.  Sun is seeking an injunction to

  prevent Microsoft from improperly using the Java Compatible logo.

  Sun is also seeking to prevent Microsoft from misleading Java

  developers and to prevent them from delivering anything but fully

  compatible Java technologyimplementations.

  Specifically, the complaint charges Microsoft with trademark

  infringement, false advertising, breach of contract, unfair

  competition, interference with prospective economic advantage

  and inducing breach of contract.

  One of Microsoft's or any Java licensee's most significant

  contractual obligations is to pass the Java compatibility tests,

  which determine if their technologies conform to the Java

  specifications and APIs. The products that failed are Microsoft's

  new Internet Explorer 4.0 browser and its Software Development

  Kit for Java (SDKJ). As a result, applications written using

  Microsoft's development tools may not run on other operating

  systems such as MacOS, UNIX, or other browsers such as

  Netscape Navigator.  Conversely, applications written

  using Sun's Java Development Kit that run on MacOS, UNIX and

  Netscape Navigator may not run on Internet Explorer 4.0.

  "Sun's first responsibility as stewards of the Java

  technology is to preserve the significant investments that Sun

  and hundreds of companies have made. We are required to take

  this action on behalf of our licensees, the Java Industry

  and Sun's shareholders", said Alan Baratz, President of Sun's

  JavaSoft division.

  Baratz added that for the past six months and up until 6 p.m.

  Sunday,September 28, Sun worked diligently with Microsoft in

  hopes of convincing them to abide by their agreements.

  According to the complaint,  "Rather than comply with its

  contractual obligations, defendant Microsoft has instead embarked

  on a deliberate course of conduct in an attempt to fragment the

  standardized application programming environment established by

  the Java technology, to break the cross-platform compatibility of

  the Java programming environment, and to implement the Java

  technology in a manner calculated to cause software developers

  to create programs that will operate only on platforms that use

  defendant Microsoft's Win32-based operating systems and no other

  systems platform or browser."

  The complaint further alleges, "In particular, defendant

  Microsoft has deceptively modified the Java APIs . . .

  By secretly adding Win32-specific and other APIs to the Java

  class libraries . . .Microsoft has acted to induce independent

  software developers who use SDKJ unwittingly to write programs. . .

  expecting to achieve cross-platform functionality. . ."

  "We examined all of our alternatives and felt that we had no

  choice but to pursue litigation," said Michael Morris, Vice

  President and General Counsel, Sun Microsystems, Inc.

  The suit was filed today, October 7, 1997 at United States

  District Court, Northern District of California, San Jose Division.

  The complaint specifies that Sun is seeking "preliminary

  and permanent injunction enjoining Microsoft. . .from using the

  Java Compatible logo; from doing directly or indirectly any acts

  or making any statements that are likely to cause confusion,

  mistakes or deception in the marketplace as to the compatibility

  of IE 4.0 and SDKJ 1.1 with Sun's Java technology . . .

  from doing directly or indirectly any acts that

  are likely to diminish the value of the Java Compatible logo. . ."

  "The Java brand has enormous value in the industry.

  When users see `Java' they know they can expect Write Once Run

  Anywhere (TM), Safe Network Delivery, and Smart Card to

  Supercomputer Scalability," said Baratz.  "We are obligated to

  ensure that Java will always mean those things, and the industry

  fully supports that philosophy."

  Sun noted that Windows users can access applications written

  for the Java Programming Environment by using Netscape Navigator.

  In addition,Java developers can bundle the Java Performance Runtime

  for Windows in their applications.  Using this product, developers

  can deliver high-performance, fully-compliant Java for Windows.

  About Sun Microsystems, Inc.

  Since its inception in 1982, a singular vision, "The Network

  Is The Computer'(TM), has propelled Sun Microsystems, Inc.,

  (NASDAQ: SUNW), to its position as a leading provider of hardware,

  software and services for establishing enterprise-wide intranets

  and expanding the power of the Internet. With more than $8.5 billion

  in annual revenues, Sun can be found in more than 150 countries and

  on the World Wide Web at http://www.sun.com.

                      # # #

   Sun, the Sun logo, Sun Microsystems, Java, Write Once Run Anywhere,

   and The Network Is The Computer, are trademarks or registered

   trademarks of Sun Microsystems, Inc. in the United States and other

   countries.  UNIX is a registered trademark in the United States and

   other countries, exclusively licensed through X/Open Company, Ltd.





========

Newsgroups: alt.destroy.microsoft

Subject: Sun sues Microsoft

From: dfs@doe.carleton.ca (David F. Skoll)

Date: 9 Oct 1997 02:39:00 GMT



Details at http://www.sun.com/announcement/



Sun alleges that Microsoft breached a contractual obligation to

deliver a compatible implementation of Java (tm) with IE4.



--

David F. Skoll