Sun, Microsoft agree on Java order

Sun Microsystems and Microsoft have agreed on how Microsoft should comply with a federal judge's order to carry Sun's version of Java with its newest operating systems.

A Sun lawyer delivered the agreement to U.S. District Court Judge Frederick Motz [cq] in Baltimore on Monday, and Motz is filing his final order Tuesday, according to a clerk in the courthouse.

Last week, Motz ruled Microsoft would have 120 days to comply with his Dec. 23 injunction requiring Microsoft to offer to its customers Sun's version of its Java Virtual Machine. Sun had requested the preliminary injunction as part of its multi-million-dollar private antitrust lawsuit against Microsoft.

Sun lawyers argue that Microsoft used its monopoly power in the operating system market to flood the developer market with versions of Java that aren't compatible with Sun's Java. The "must-carry" order is necessary, they argue, because Sun's Java is losing ground to Microsoft's competing .Net development framework while developer confusion over Java persists.

Microsoft lawyers have said they plan to appeal Motz's order. They have argued that Sun's own decisions hurt Java and that Motz's order to carry a competing product is unprecedented in antitrust law.

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Grant Gross

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