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US Judge Blocks Microsoft Java Distribution
Posted by Raul Ruiz on Monday, December 23 @ 17:52:58 EST
Contributed by HowardGilbert
Antitrust
HowardGilbert writes "US District Court Judge J. Frederick Motz today handed down a decision in the motion for preliminary injunctions in the Sun v Microsoft case. He will order Microsoft to include the current Sun Java Runtime in subsequently distributed copies of Windows. He will also grant Sun's motion to prohibit Microsoft from distributing its own JVM as an optional component of Windows XP.

The first part of this decision is soundly based on findings in the Federal antitrust case. The prohibition, however, seems in conflict with the appeals court decision in a nearly identical request by Sun in the prior California litigation. In that case the Circuit court ruled that Sun's claims were a dispute over terms of a contract (the license) and therefore should be decided at trial. The judge admits that this seems to be a dispute about whether Microsoft Java is, as the license requires, "incorporated" in Windows XP if it is made available as a separate download, or whether the term requires preinstallation. By the logic of the previous decision, this doesn't seem to be an appropriate question for the preliminary injunction the judge has decided to grant.
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