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Microsoft Java Programming

Appeals Court Sides With Microsoft On Java 517

burgburgburg writes "Reuters reports that the three-member federal appeals court in Virginia ruled today the U.S. District Judge J. Frederick Motz erred when he ordered Microsoft to include Java with the Windows operating system. Fortunately, Dell and HP, the top 2 PC makers, have already decided to ship Java on the PCs that they sell. Apple, Red Hat and Lindows have also agreed to include Sun's Java." The ruling is available.
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Appeals Court Sides With Microsoft On Java

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  • MS (Score:5, Insightful)

    by jeffkjo1 ( 663413 ) on Thursday June 26, 2003 @03:25PM (#6305346) Homepage
    While I agree that MS has erred in the past, they shouldn't be forced to carry another company's product within their product.

    However, they should not be allowed to continue carrying their own, proprietary version of java. Does the ruling say anything about that?
  • by mhesseltine ( 541806 ) on Thursday June 26, 2003 @03:25PM (#6305347) Homepage Journal

    It isn't Microsoft's job to promote Java, it's the job of Sun and the resellers (Dell, Gateway, HPaq, etc.) If MS wants to include Java, that's their perogative. However, they shouldn't be required to; any more than Red Hat should be required to distribute Realplayer (for example).

  • Makes sense.... (Score:5, Insightful)

    by lowe0 ( 136140 ) on Thursday June 26, 2003 @03:26PM (#6305355) Homepage
    Dell and HP are where I'd expect Sun to have to push Java - do an end-run around MS and deal with the OEMs. Now, if MS were preventing the OEMs from bundling Java, that would be different - but they're specifically barred from doing that anymore, and IMO rightly so.

    Isn't middleware more of a server issue nowadays anyway? And how hard is it to include a runtime with your software?
  • by GNUman ( 155139 ) on Thursday June 26, 2003 @03:26PM (#6305360)
    Well, as long as PC retailers can add the software their customers ask for without barriers from Microsoft. Microsoft can keep it out of their OS.

    Thing is, Microsoft should be forced not to put any barriers for Java to run properly in their OS.
  • by ikewillis ( 586793 ) on Thursday June 26, 2003 @03:27PM (#6305366) Homepage
    By including an outdated and broken version of Java with Windows by default, Microsoft has effectively doomed Java on the desktop. This build has lead to a degree of fragmentation of the Java standard, has caused Java application developers to code their applications to support the lowest common denominator, the JRE bundled with Windows.

    It's very exciting to see OEMs bundling a recent Java runtime with their new systems, especially Dell who is the largest OEM. Perhaps with this application developers can have a bit more freedom to code their applications in a manner which utilizes more recent features. There's no reason why everyone shouldn't be using the 1.4 JRE at this point in time.
  • Still... (Score:2, Insightful)

    by Anonymous Coward on Thursday June 26, 2003 @03:28PM (#6305376)
    ...java has a much better market share than .net/ActiveX, and developers will continue using it. All the harm here is on Windows users, who will have to download a JRE.

    --
    Getting too much pr0n? [porn-free.org]
  • Good news (Score:3, Insightful)

    by DarkBlackFox ( 643814 ) on Thursday June 26, 2003 @03:29PM (#6305384)
    At least now they are required to implement at least one non-Microsoft standard, which could come in handy considering they will no longer release Internet Explorer as a standalone product.

    It would seriously protect against businesses having to rely on .NET and other proprietary MS languages (forcing OS upgrades to obtain the new required features), as well as keep alternate browsers a viable solution.
  • by deanj ( 519759 ) on Thursday June 26, 2003 @03:29PM (#6305386)
    Taken alone, that's true...however...

    But the reason they were told to do this by the lower court was because of what Microsoft had tried to do with Java in the first place, which is splinter the market by shipping a version of Java that would only create programs that would only Windows systems.
  • MS (Score:2, Insightful)

    by pnix ( 682520 ) on Thursday June 26, 2003 @03:29PM (#6305387) Homepage
    I may hate Microsoft, but I do side with them in this case. Forcing M$ to include Java is stupid, they can do whatever they want with their product. That would be like forcing Linux users to install Internet Explorer or something silly like that!
  • That big a deal? (Score:2, Insightful)

    by Xentax ( 201517 ) on Thursday June 26, 2003 @03:29PM (#6305392)
    This is about whether or not the Java Runtime should be bundled with Windows, right? If I'm off-base here, please enlighten me.

    I'm as against anti-trust as the next guy, but I can see why forcing MS to bundle Java (or, for contrast, a similar plugin e.g. Flash or Shockwave) is going too far.

    Mainly, it would place an additional support burden on MS that's not really appropriate -- they'd have to keep up with versioning, deal with customers who are confused as to who services it, etc.

    Anyone who's smart enough to distinguish it as belonging to Sun rather than MS should be smart enough to go find it on their own (these days; granted at the original time of the suit perhaps it wasn't nearly so straightforward), and it *is* free, after all.

    Xentax
  • They shouldn't be legally required to include it, but we should, as developers, code in such a way to JRE is the only way to go. If M$ wants to use their own Java Virtual Machine, fine, but we need to make sure that they have little choice but to make it compatible with the rest of the world.

    I'm personally not going to go out of my way to recode everything so I have to make two seperate binaries, one for windows, and one for everyone else. The whole point of Java is that I shouldn't have to do that.
  • by Anonymous Coward on Thursday June 26, 2003 @03:30PM (#6305401)
    The libertarian in you should also realize that unrestrained capitalism is functionally equivalent to communism. Instead of a top-down dictatorial system driven by government incompetence, we would live in a world of top-down dictatorship driven by corporate incompetence. Libertarians love to overlook the Enron's and the SCO lawsuits of the world, but the fact is in a world without well intended regulation of those who claim to be well intended, we might as well live in anarchy.
  • by nettdata ( 88196 ) on Thursday June 26, 2003 @03:31PM (#6305407) Homepage
    But the reason they were told to do this by the lower court was because of what Microsoft had tried to do with Java in the first place, which is splinter the market by shipping a version of Java that would only create programs that would only Windows systems.

    True. But this means that the court should do something along the lines of squashing that version of Java, not promoting the "real" one.
  • WTF? (Score:2, Insightful)

    by OptimoosePrime ( 612749 ) on Thursday June 26, 2003 @03:32PM (#6305417)
    That doesn't make much sense:
    would have forced Microsoft Corp. to incorporate Sun Microsystems Inc's Java programming language
    Windows OS doesn't have anything to do with "Java programming language". So what if you have to download the Java SDK or JRE stuff? Windows can't get a beer out of the fridge for you after work either, but I don't hear people whining about that...yet.
  • Jumbo Java (Score:2, Insightful)

    by spector30 ( 319592 ) on Thursday June 26, 2003 @03:32PM (#6305421) Homepage
    I say fix the whole lot at MS by not installing their software. Use Linux, use OS X. Anything but the effluence flowing from the filthy beast. Maybe if more people stopped complaining about MS and started doing something about it, with their pocket-books and wallets, the whole point here would be moot.

    It's similar to the whole controversy over the 7 dirty words that you can't say on the radio or television. There was never a need to ban those words. There are two options; turn the channel, or turn it off. There is choice.
  • by deanj ( 519759 ) on Thursday June 26, 2003 @03:33PM (#6305428)
    Since the HP and Dell announcements, this is pretty much a moot point anyway.

    The real problem of all this is that Microsoft has walked away from the whole "let's release an incompatible version of Java", with only a "don't do that" slap on the wrist. The monopoly remains intact, and unpunished.

    This should be a chilling reminder to anyone that does ANYTHING with Microsoft. If they're gonna screw you, don't expect them to be punished for it, no matter what happens.
  • by Rude Turnip ( 49495 ) <valuation.gmail@com> on Thursday June 26, 2003 @03:34PM (#6305447)
    This serves as restitution for bundling a broken version of Java whose purpose was to destroy the viability of Java. This was seen as illegal abuse of monopoly power.

    They could have avoided this by:

    1. Including Sun's Java from the get-go; or
    2. Not including a broken Java with the OS.
  • by notque ( 636838 ) on Thursday June 26, 2003 @03:34PM (#6305448) Homepage Journal
    That's like a couple of blue-collar labourers and a street bum giving their opinions on the G8 summit, right?

    That's harsh. It's actually stating that everyone else is doing it without a court mandate, so Microsoft is bad.

    Microsoft is bad. Very bad. But not because they don't want to include Sun's Java.
  • by Anti Frozt ( 655515 ) <chris...buffett@@@gmail...com> on Thursday June 26, 2003 @03:34PM (#6305449)

    If you had read the headline, the appeals court sided with M$. There is no reason for this to go any futher now.

    I can't believe that it would even have to go to the appeals court. To force any company (even M$) to include someone else's propriatary code is foolish.

    Why not just get General Motors to start putting Porsche engines in their cars. SSDD

  • by fritz1968 ( 569074 ) on Thursday June 26, 2003 @03:35PM (#6305461)
    It isn't Microsoft's job to promote Java...

    I agree, only Sun has an obligation to promote Java. However, I thought that Microsoft signed a deal with Sun a while back to include JAVA with windows.

    Over the years, it went something like this :
    1 - MS and Sun sign a deal to include Java in Windows.
    2 - MS kinda created their own version of Java (or polluted Sun's version with MS-only type calls).
    3 - Sun sued MS to pull the MS version of Java
    4 -then they sued to have the original Java (or latest version of Sun's Java) to be put back into windows.
    5 - Now, so it seems, MS is legally able to backout on the original deal

    does that sound about right (generally speaking)?
  • by foxtrot ( 14140 ) on Thursday June 26, 2003 @03:36PM (#6305470)
    On the one hand, if Microsoft doesn't want to sell their product with Sun's Java, I don't think they should have to.

    On the other hand, if they're gonna include something and call it Java, it should damned well BE Java.

    -JDF
  • Keep Java Pure (Score:5, Insightful)

    by Cloudgatherer ( 216427 ) on Thursday June 26, 2003 @03:37PM (#6305478)
    As a programmer, I really like Java's "write once, run everywhere" motto (while it may not always work out that way in practice). From what I understand, did not have a fully compatible VM, so Sun develops one for download. While I don't think MS should be forced to ship Java, they should be disallowed from trying to hijack Java (hence they went out and made C#).
  • by kremvax ( 307366 ) on Thursday June 26, 2003 @03:41PM (#6305526) Homepage
    Even though it's hard to swallow having the government dictate the operating conditions of a company (and include / disavow specific portions and products ) it's important to remember that this is/was a *penalty* for serious antitrust/anticometitive behavior.

    It was a light "slap on the wrist that doesnt really cost much of anything" penalty too.

    Guilt without punishment, well, isn't going to hinder them from this sort of behavior in the future is it.

    I guess there is always justice for those that can afford it.

    Kremvax

  • by MikeD83 ( 529104 ) on Thursday June 26, 2003 @03:41PM (#6305527)
    I think we can all say that Java is rampant on the Internet. For instance, most online gambling sites use Java user interfaces. The average Joe six pack thinks he got the shaft from his computer company when IE displays a broken icon when he tries to view Java content. Companies such as Dell are bundling Java so their customers won't think they have broken computers.
  • by MidKnight ( 19766 ) on Thursday June 26, 2003 @03:43PM (#6305544)
    Most folks here, thus far, are reading the incredibly thin article and thinking "Sounds right -- Microsoft shouldn't be forced to carry a competitor's product. Yea for the court system." The point that they're missing is that the lower court ordered Microsoft to carry Java as a temporary measure until the Sun -vs- Microsoft case was settled. To quote from Motz's original ruling:

    • "Unless Sun is given a fair opportunity to compete in a market untainted by the effects of Microsoft's past antitrust violations, there is a serious risk that in the near future the market will tip in favor of [Microsoft]"

    Motz reasoned that Microsoft had illegally used its monopoly position to do irreparable harm a competitor's product, and that Sun was exceedingly likely to win their suit. This temporary order was necessary to level the playing ground until that suit was carried out.

    Basically, as in all Microsoft's legal troubles, their strategy is to draw out the cases indefinitely until they can leverage their desktop monopoly to the point of making the suit a moot point. Then, they can just settle out of court for chump change. Anyone heard of Netscape?

    --Mid
  • by VGR ( 467274 ) on Thursday June 26, 2003 @03:46PM (#6305570)
    Anyone who's smart enough to distinguish it as belonging to Sun rather than MS should be smart enough to go find it on their own (these days; granted at the original time of the suit perhaps it wasn't nearly so straightforward), and it *is* free, after all.

    Depends on your definition of "free." Not everyone has the bandwidth to download a 20-megabyte JRE on a whim. And we need to consider the laziness factor which has helped MS do so well all these years: the average dumb user is always more inclined to use things that came with the computer.

    So, the JRE is not free in terms of bandwidth (for which some people must pay), and it's not free in terms of time to download and install.

  • by jedidiah ( 1196 ) on Thursday June 26, 2003 @03:49PM (#6305595) Homepage
    Why not? It would actually cost GM money for one thing.

    IP -> real property comparisons are nearly always highly dishonest.

    The cost to Microsoft to bundle something else into their Operating System is ZERO. This is one of the problems with Microsoft having a monpoly on OEM OS distribution. They can shove their crap on everyone's desk for free.

    There's no compelling reason that other's can't come along for the ride. For every product that Microsoft bundles into the OS, every competitor should get their place as well.

    Microsoft has been declared an abusive monopoly and this has held up on appeal. So normal rules no longer apply. Thus any "harmful precedent" is also narrowed in scope.

  • The Contrary View. (Score:5, Insightful)

    by Yaztromo ( 655250 ) on Thursday June 26, 2003 @03:49PM (#6305599) Homepage Journal

    I'm going to take the contrarian view here. :).

    It looks like alot of people here are of the view that the courts shouldn't force one company to bundle the product of another. Fair enough.

    However, at this juncture, the courts might as well tell Microsoft that they can be anti-competitive all they want, as there will never be any real punishments for their actions. Microsoft has benifitted from the fragmentation of Java, through their distribution of an outdated, poorly functional version. And prior to that, they benifitted from their attempts to prevent Java from being a write-once, run-anywhere language.

    At some point, justice has to incorporate the ideal of punishing organizations for their past bahaviour, in order to reduce the benifits of undertaking that behaviour, and in order to curb others from undertaking the same behaviour in the future.

    If I were to go on a spree killing my enemies in society (not that I have any enemies... ;) ), the courts wouldn't haul me up and say "You are hereby enjoined from ever killing anybody ever again", and then setup a panel (that I get to select some of the members of) to make sure I don't. Instead, they'd take away my freedom to do whatever I want, and throw my sorry ass in jail.

    You can't throw a whole company in jail, and in the MS case, nobody has directly died (I realize the extremity of my example :) ) due to MS's actions. But still, there has been zero accountability on their part up to this point. There has been nothing yet to aid the real victims of MS's anticompetitive acts, nor nothing that would really cause MS to want to avoid such acts in the future. Where is the justice in that for the companies who have had their intellictual property values eroded due to Microsoft's acts?

    This was a chance for society to tell Microsoft (and other big computer software companies) that if they don't play fairly, there are consequences. Judge Mott gave a creative ruling that incorporated both punishment for past bad acts, while at the same time helping level and repair the playing field for Sun.

    MS's come-uppance is long overdue. They've destroyed the value of new technologies from their competitors, and thus far, while techinically losing in the eyes of the courts, have gained from the experience. And you're not supposed to be able to gain when you violate the law -- but apparently MS has found that, in their industry, crime does pay.

    Yaz.

  • by Ath ( 643782 ) on Thursday June 26, 2003 @03:53PM (#6305641)
    If you read the appellate court decision, the reason they overturned the injunction is because even the trial court judge stated that Sun could not prove irreparable harm without the injunction. The appellate court (and the trial judge) specifically says that this does not mean Sun cannot still obtain the same result after a trial.

    Please note that the appellate court upheld the part of the injunction preventing Microsoft from shipping a non-compliant JRE.

    The fact is, Sun could still obtain a final order that MS must bundle the Sun JRE with the Windows operating system. But this will only happen after a trial. The injunction here was issued at a preliminary stage of the judicial proceedings. But if you think forcing MS to ship the JRE at any point would be completely inappropriate and only market conditions should rule, you have a gross misunderstanding of antitrust laws and their purposes.

    Microsoft has a monopoly in operating systems for the Intel platform. This is legal fact and Microsoft cannot walk into any court room and claim otherwise. It's been decided already. A monopoly means that market conditions cannot work. Even Adam Smith (you know, that guy who kind of invented capitalism) said that the market cannot work when there is a monopoly. Ensuring the market can still work in a monopoly is the purpose of antitrust laws.

    Now that it is legally established MS has a monopoly, it completely changes how MS can do business in the market. In the case of the JRE, it means Microsoft cannot leverage their monopoly in the OS to obtain a monopoly in another area. You know, like they did with the browser!

    What I expect would be a more likely outcome is that MS has to make a decision. If they want to bundle .NET, then they have to bundle a compliant JRE. Then the market truly would be deciding and it would not be a case of MS simply leveraging the OS monopoly into a new market.

    All that said, the legal nuances are the important point to note from this decision. The appellate court was not saying MS would never have to include the Sun JRE. They were only saying that the legal burden of "irreparable harm" had not been met in order to obtain an injunction. That's why they vacated the order.

  • by Porphyro ( 672968 ) on Thursday June 26, 2003 @03:54PM (#6305645)
    And the correct response to that violation is not to force them to ship Sun's Java implementation. Rather it is to fine them and require them to either 1) Ship a "real" Java runtime (which could be anyone's implementation - including Microsoft's) 2) Ship no Java runtime at all
  • by Harbinjer ( 260165 ) on Thursday June 26, 2003 @03:54PM (#6305647) Journal
    The capitalist idea should do that, but it doesn't. What if there is no choice. What if there was only 1 car company, and they owned all the roads? What would you do, becaus even if you built your own car, you still couldn't use the roads. That's how Microsoft's lock-in with Windows and Office works. All documents in office format, that all other businesses use, and Office only runs on windows. The capitalist system works fine when there is competition, and at least somewhat fair competition. When 1 company controls the market, that's not capitalism, it might as well be the government like in communism.

    Thankfully that is changing slowly, but 3 years ago it was almost that bad.
  • by Anonymous Coward on Thursday June 26, 2003 @03:56PM (#6305663)
    Actually, had the government not interceeded in MS and Enron case, then things would be different. MS has the passive support of the current admin and DOJ. Likewise, ppl like Ken Lay would be behind bars except for the intervention of the current admin. To stop this does not require more regulation but simply non-corrupt government.
  • by Anonymous Coward on Thursday June 26, 2003 @03:59PM (#6305686)
    why all the lawsuits over something that is freely distibuted over the internet and on burned cd's anywhere.... what a waste of money... why force microsoft to include 3rd party apps in its own software package. i mean we dont force any distro of linux to include winamp do we? it would be the same fucking thing..

    most of these MS lawsuits are stupid
  • Re:Keep Java Pure (Score:2, Insightful)

    by zjbs14 ( 549864 ) on Thursday June 26, 2003 @04:05PM (#6305739) Homepage
    It's still amazing how little underdtanding there is of the MS Java issue. First, the MS JVM did nothing to prevent compiling/executing "standard" Java code. I can take any Java 1.1.X (pre-Java2) code and it works just fine under both Sun and MS JVM's.

    What they did do was to put MS-specific extensions into their Java implementation, such as J/Direct. That meant that you could end up writing Java code that didn't run on any JVM. So what? Java was/is a cool language. Why should I as a developer be restricted by my programming language to a least-common denominator of functionality and performance if I'm only writing to one platform?

  • by anshil ( 302405 ) on Thursday June 26, 2003 @04:12PM (#6305790) Homepage
    The base rulling is about sun signing a java license contract, which gave them access to the java technology and source code.

    The license included that the JRE base classes may not be modified. And guess what did microsoft? The published a modified version.

    Just or unjust?
  • The whole picture (Score:1, Insightful)

    by Anonymous Coward on Thursday June 26, 2003 @04:13PM (#6305794)
    I think letting companies like M$ run free while allowing them to be anti competitive is only going to hurt US. The increasing competition from other countries, where M$ can be curbed with thier own laws will just run circles around them in the long term. Yes, in the short term M$ wins and US as a country looses. The long run, both M$ and US looses.
  • by jav1231 ( 539129 ) on Thursday June 26, 2003 @04:14PM (#6305801)
    Let's see..they bastardize Java by implementing their own version illegally. What do they get? Nothing. At least they're getting the same punishment they got for their antitrust practices. >
  • by poptones ( 653660 ) on Thursday June 26, 2003 @04:16PM (#6305823) Journal
    More importantly than that, it also caused tens of thousands os users to say "well, java never works right on this machine anyway" at which point they just disable it because they fear it might be a "security problem" and it's so incredibly easy to just shut it down completely.

    In a way, shipping the "broken" java was doing Sun more harm than not shiping java at all, since it gave MS so many more opportunities to make java look bad.

  • by linuxwolf ( 161541 ) on Thursday June 26, 2003 @04:19PM (#6305865)

    The MS version not only added things (WFC, JDirect), but removed some things (JNI), and weren't truly compatible on others (RMI, if I recall correctly). It was this removal (among others) that violated the contracts and trademark agreements. Basically, MS was calling something Java without it meeting the agreements to have that name.

    MS did not uphold their end of the contract, along with violating a trademark agreement. This is why there's such a big legal and technical mess.

  • by burgburgburg ( 574866 ) <splisken06NO@SPAMemail.com> on Thursday June 26, 2003 @04:19PM (#6305870)
    The original decision was made because Microsoft, the civilly recognized Monopolists, used their monopolistic powers to attempt to destroy the Java market.

    Because the original judge correctly recognized that a) Sun would probably win on the merits and b) waiting for the end of the trial would probably make the issues moot (see IE vs. Netscape), he ordered that Microsoft had to include Sun's version of Java with their OS.

    But this particular appeals court tends to be very pro-business (especially businesses that have contributed heavily to the Republican party) and ignored the issues. And since what's good for Microsoft is good for our troops, siding with Sun would mean the terrorists had won.

  • Re:MS (Score:5, Insightful)

    by rearden ( 304396 ) on Thursday June 26, 2003 @04:19PM (#6305872) Homepage
    Something to keep in mind is that MS does not offer a newer version of Java because of Sun. A while back Sun sued MS for offering an implementation of Java that was not fully compatiable with Java.

    As part of the settlement MS was barred by Sun from shipping a newer version of Java or updating the current version. Microsoft actually had to go back to Sun to get permission to fix some bugs/ security holes in the old Java runtime.

    Really, Sun is a victim of its own foolishness. Yeah, MS was selling a broken implementation, and yes they should have been stopped. But preventing MS from shipping any JRE they developed in house simply meant that they would basically ship nothing (as XP does not ship with Java, it must be downloaded- either MS's old Java or Sun's lastest JRE). Now that they stopped them they said "Hey, no one is using the new stuff on Windows!?!?"- well DUH! Most Windoz users have no idea about Java, no less who makes it or if they needed (heck most dont know about Flash)

    I am sorry, I feel no pity for Sun here. They may not have started this fight or layed the foundation, but they certainly built upon it with the settlement they hammered out with MS on Java a long time ago.

    Just my $0.002
  • Java not the issue (Score:2, Insightful)

    by TheNinthAttempt ( 670376 ) on Thursday June 26, 2003 @04:26PM (#6305957)
    While, in general, Java is seen as a primary competitor to MS products, and thus the MS approach of limiting Java availability can be critcised, there is another possibility: This is that MS is unfairly being allowed to fill two roles: OS and infrastructure provider, as well as Application and support provider.

    Rather than forcing MS to include Java in their OS, they should be prevented from including support for their apps and development environments in the basic OS. Thus Java and .net developers would both be required to ensure that the target Os supports their developed products.

    Admittedly, this still leaves a loophole in that MS can supply .net with Office, it will provide a start in splitting the OS/App advantage that MS enjoys.

  • by Zeinfeld ( 263942 ) on Thursday June 26, 2003 @04:27PM (#6305966) Homepage
    Why should a company be forced to include a competitors product with their own?
    It's a punitive measure.

    But even with Ascroft as AG the courts still presume innocence before a case is settled. Sun is not entitled to damages or any form of punishment until they prove their case. An injunction is strictly limited to preventing certain types of irreparable harm.

    Sun's case for forcing Microsoft to carry Java is pretty ludicrous. They sued Microsoft to stop them carrying Java. Then they were surprised that Microsoft wanted nothing more to do with Java and in particular Sun's Java.

    It is even more ludicrous when you look at where client side Java is these days. Client side java was getting nowhere when Microsoft was distributing it, in large part because the software Sun originally delivered was utter crap.

    What Scott McNealy is up to is tring to find an excuse for the reason Sun is going down the toilet. The reason for that is not Microsoft, its Linux. Some companies are moving from expensive Sun boxes to WNT machines, but the flight from SPARC to Intel is making much deeper cuts in Sun's market share. Sun's problem is not Microsoft, its Dell, HP and IBM, each of which is taking deep bites out of Sun each quarter and saying yum yum yum, give me more.

    Its a bit like blaming Bin Laden for the budget deficit. Bin Laden is a really bad guy, but 9/11 is not the cause of the Bush recession or the Bush deficit.

  • by Matt Ownby ( 158633 ) on Thursday June 26, 2003 @04:32PM (#6306016) Homepage Journal
    The main problem is that the stuff that comes pre-installed with Windows and/or Windows Components (Media Player, Internet Exploder) is the stuff that everyone uses, whether it's better or not.

    If Microsoft suddenly started bundling Quicktime with Windows Media Player and suddenly forced users to manually download and install plug-ins to use file formats such as .WMV or .ASF, do you think any web sites would offer content in .WMV format? No, all web sites would offer stuff in Quicktime format by default because they'd know that they'd be able to reach the greatest number of users CONVENIENTLY. No company is going to want to tell users "We really want you to view our product, but you'll need to download this plugin to do so." All companies will say "We really want you to view our product, therefore we're going to use a format which you know you will already have pre-installed!"

    Microsoft has pulled this BS time and time again. The law ought to be that if Microsoft ships with Windows Media Player pre-installed, that it must also pre-install all of its competitors too. If it ships with Internet Exploder pre-installed, it must ship with other browsers pre-installed too. Yeah this sounds kind of unreasonable, but there is a precedence. Remember how Windows 95 shipped with a bunch of shortcuts for other ISP's such as AOL?
  • by JimmytheGeek ( 180805 ) <jamesaffeld@ya h o o .com> on Thursday June 26, 2003 @04:37PM (#6306078) Journal
    There ain't no such thing as a true capitalist society. Inevitably you get market-deforming agglomerations of power. In a company town, there's no voluntary association with the only source of goods and services. Oligopoly/monopoly is a very different animal and obliterates the "free market" basis for libertarian thought.

    That's why I'm disgusted with Republicans - they aren't acting like conservatives. They are anti-market and pro-business, and business has plenty of power vs. consumers as is.
  • by Anonymous Coward on Thursday June 26, 2003 @04:41PM (#6306117)
    I'm fine with anarchy. People throw that word around in a negatave way. But it's the only way we could ever actualy be free to live as we please.

    Courtesy of http://www.m-w.com

    Main Entry: anÂarÂchy
    Pronunciation: 'a-n&r-kE, -"nÃr-
    Function: noun
    Etymology: Medieval Latin anarchia, from Greek, from anarchos having no ruler, from an- + archos ruler -- more at ARCH-
    Date: 1539
    1 a : absence of government b : a state of lawlessness or political disorder due to the absence of governmental authority c : a utopian society of individuals who enjoy complete freedom without government
    2 a : absence or denial of any authority or established order b : absence of order : DISORDER

    Main Entry: chaÂos
    Pronunciation: 'kA-"Ãs
    Function: noun
    Etymology: Latin, from Greek -- more at GUM
    Date: 15th century
    1 obsolete : CHASM, ABYSS
    2 a often capitalized : a state of things in which chance is supreme; especially : the confused unorganized state of primordial matter before the creation of distinct forms -- compare COSMOS b : the inherent unpredictability in the behavior of a natural system (as the atmosphere, boiling water, or the beating heart)
    3 a : a state of utter confusion b : a confused mass or mixture

    Yeah... until someone with a bigger gun comes along and kills you because they just want to because that's how he chooses to live as he pleases. Folks who talk about anarchy often only view it from their own perspective and fail to think about it from anyone else's perspective. Yes, you are free to live as you please in anarchy. But... so am I... and what pleases me may have a large impact on what pleases you - like my taking a gun and killing you simply because I feel like it... or I could come along and rape you or your wife/family if I could force myself on you... or I could simply walk into your house and take whatever you owned as mine and kill you or kick you out of your house... and there would be no consequences at all as long as my might kept me alive. And yes... I realize that someone else could do the same to me.

    You assume that humans would behave in the utopian mode of anarchy. Look at some of the bad parts of NYC and LA. Where lawlessness exists, warlords and gangs form to enforce their own law. This is a fact of nature, not idealism.
  • by Ath ( 643782 ) on Thursday June 26, 2003 @04:49PM (#6306204)
    Explain how a court can order a company to include a competitor's product while at the same time order them to not ship their own.

    If I take the question literally, then the answer is easy: the court just issues the order.

    However, you ask a question regarding a point I did not make. The sentence you quote was in reference to the appellate court's decision. What the appellate court says in the decision is that Sun could still win the case on the merits, at which time the trial judge could then issue an appropriate injunction.

    But the biggest issue here is your complete lack of understanding about an important aspect. Microsoft has legally established a monopoly. Red Hat does not. Oracle does not. Real does not. That is why there is a difference here.

    The whole anti-government intervention argument gets a little old, especially regarding antitrust. Essentially, the argument is that there should be no intervention and let the market work. As I stated, monopolies and the antitrust laws meant to address them is specifically because the market cannot work with a monopoly. This is not a new concept. This has been completely understood for over 100 years!

    So your point is that there should be no government intervention (I will not even address the fact that this instant situation is a private company simply using a court's authority, not some statutory or regulatory intervention) and that, even when a monopoly in one market is used to obtain a monopoly in another then there is no redress. I think your point can be summed up that you not only disagree with antitrust laws and do not feel they should be enforced, you actually deny their existence.

    What happened in the browser market? There is no redress possible. It's done. It's clear that MS used its OS monopoly to obtain a browser monopoly (if you want to argue this point, talk to the hand because it's a legally established fact that this happened). But was there a way to redress the browser situation? No, there was not. It was done. Finished. What were the consequences to Microsoft? None. So where is the deterrent against future similar behavior? It's like sending a thief who stole $20 million to prison for 10 years and letting him keep the money. Sign me up for that.

    And the "... blah blah blah monopoly blah blah blah..." part is irrelevant if Sun wants a judge to force Microsoft to do something, as opposed to stop doing something.

    Your final point is just plain wierd. A court order can be to force a party to either do something or stop doing something. It's not some relevant point that Sun was seeking the court to enforce affirmative behavior from Microsoft, so your attempt at distinguishing the two is moot.

  • The point of the ol' DoJ vs MS trial was to show that MS ran around pointing a lot of guns at a lot of people to get them to stop supporting Java.

    The point now is that MS has been found guilty of gun waving and there should be some compensation/restitution. The Appeals Court decision (based on a prelim scan/read) is interesting in that they're saying Sun can't prove immediate harm but they can come back and ask for an injunction when/if they can. Motz's original order was based on the fact that there's no way except after the fact to go and point at the exact date when a market tip occurred. Seems to be a bit of a circular gotcha there.
  • by Ath ( 643782 ) on Thursday June 26, 2003 @05:06PM (#6306367)
    Yes, a monopoly does change something. It means you cannot use one monopoly (like in the operating system) to establish another monopoly.

    In this case, Sun argues that MS is using the OS monopoly to establish a new monopoly in middleware with .NET.

    Legally obtained monopolies are legally fine. But there are restrictions on the behavior of a company holding a monopoly. That's what antitrust law is.

  • by mczak ( 575986 ) on Thursday June 26, 2003 @05:24PM (#6306521)
    MS removed both JNI and RMI. They also altered some core classes, though iirc they just added some features to them (which would of course cause programs to fail on the true java version if you used those features).
  • Re:Keep Java Pure (Score:5, Insightful)

    by Spirald ( 9569 ) on Thursday June 26, 2003 @05:32PM (#6306573)
    Your statements are incorrect. If your standard Java code included standard JNI or standard RMI, your code would not work with Microsoft's JVM. It seems obvious that this was done to prevent people from using JNI to achieve portability in the Java->Native interface, and to prevent people from using RMI for IPC as opposed to Microsoft's IPC flavor of the year.

    If Microsoft had included those standard features of Java, there would not be so many complaints about their extensions. IMHO, the whole extension issue is a red herring. The real issue is the standard functionality that Microsoft -excluded- to kneecap otherwise portable Java code.

    The only somewhat legit issue regarding MS extensions is the fact that they didn't make developers aware that generated code from their IDE used their Windows specific extensions and thus was not portable.
  • by dytin ( 517293 ) on Thursday June 26, 2003 @05:55PM (#6306718) Homepage
    But you are wrong, because microsoft never did metaphorically own "all the roads". You yourself are reading slashdot, so you have to know about Linux, and Macs, and all of the other OS's out there. Microsoft does have competition. Microsoft makes a fairly decent product that most people find easy to use, so microsoft makes money. However, people are starting to see that there are alternatives, so microsoft is starting to lose market share (especially in the server end) here's a reference [com.com]). And microsoft isn't losing because of the DOJ. (Name one major thing that the DOJ has done to help microsoft's competition. IE is still embedded into windows, Office is still a closed format, and now Java will still be crippled). Therefore, capitalism is working, on its own. Next time study some economics before you post here.
  • by DunbarTheInept ( 764 ) on Thursday June 26, 2003 @06:18PM (#6306878) Homepage
    I'd rather see this than having Microsoft be the dominant distributor of Java for Windows users. This way they can't pull the bullshit tactic of trying to break Java in subtle ways to make it work on their platform and fail on others, like they did to anyone developing in J++. If MS doesn't distribute Java, then people will tend to get the uncorrupted, uncrippled, unsabotaged version right from the original source. After all, look how popular RealAudio is for newscasts, and it doesn't come by default on machines - people just install the plugin when it comes up.
  • by wukie ( 684014 ) on Thursday June 26, 2003 @06:19PM (#6306893)
    When you put an page on the internet with a Java applet using an MS extension, what are the chance of using the applet in a Linux, Mac (non-IE) or Solaris browser?

    Answer: NONE

    This does in include the fact that you could only use Internet Explorer to see the applet. Netscape, Opera, etc. on Windows would show a broken applet aswell.

    Users would think that only IE works, and the rest of the browsers are broken.

    Sun gave the world Java, and it was good. Sun license Java to Microsoft, and they INTENTIONALLY broke it!
  • Insightful my ass (Score:3, Insightful)

    by ShieldW0lf ( 601553 ) on Thursday June 26, 2003 @07:24PM (#6307330) Journal
    You really don't seem to have a clue.

    Capitalism/communism are economic systems. Dictatorships are political systems. You can have capitalist dictatorships, and you can have communist democracy.

    Capitalists always defend their system of preference by associating it with freedom of opportunity, but it only works that way when you get started. Once the system is mature, the rich pretty much keep everyone else under control.

    If you really wanted a free society, you'd want a democratic political system combined with a communistic economic system. You'd need a society that didn't glorify greed and materialism. If everyone recognised that having a comfortable level of prosperity was all they needed, and motivated people with respect and reputation rather than money, things would be fine.

    Capitalism will NEVER lead to the end of poverty, hunger and scarcity. Why? Because those are the tools capitalists use to keep power, and they would lose their power if they were gone.

  • by AndersDahlberg ( 525342 ) on Thursday June 26, 2003 @08:33PM (#6307695) Homepage
    Yes and No.

    1. Microsoft did not include rmi (remote method invocation framework),
      instead they used a, incompatible , framework based on com(+)
    2. Microsoft did not include jni (native code access), instead they choose a, windows only, framework
    3. And, what they mostly lost the case on, they changed and included stuff under the java. namespace.

    Other companies, well apple, have included their, incompatible, stuff under com.apple namespace - no problem (and, of course, sun has their incompatible stuff under com.sun and ibm... etc etc)!
    Microsoft had their own namespace (strangly enough com.ms, you would have thought they would use com.microsoft? well whatever) but instead choose to deliberatly make java bound to windows by making microsoft java developed programs (those that used microsofts "extended" java. namespace classes - many of them - unclear which at a casual glimpse at the api...) incompatible with original java.

  • Re:MS (Score:2, Insightful)

    by SpaceDogDN ( 671844 ) on Friday June 27, 2003 @09:33AM (#6310446)
    Something to keep in mind is that MS does not offer a newer version of Java because of Sun.
    Microsoft was using it's usual embrace-and-extend tactics in direct violation of one of their contracts with Sun, and Sun was under no contractual obligations to continue providing them with new specifications. It would only make sense that they stop Microsoft from perverting Java and create their own JVM for Windows. Unfortunately, adoption of the new JVM was directly blocked by the Microsoft VM.
    A while back Sun sued MS for offering an implementation of Java that was not fully compatiable with Java.
    It wasn't "Java" according to the contracts Microsoft signed with Sun. It was a technology derived from Java. It did not pass Java compatibility tests, and it altered fundamental portions of the language in a way that made some Java applets incompatible with other vendor's JVMs. That's why you don't see it actually called "Java" when you download updates from Microsoft. Even Microsoft now calls it the "Microsoft VM".
    As part of the settlement MS was barred by Sun from shipping a newer version of Java or updating the current version. Microsoft actually had to go back to Sun to get permission to fix some bugs/ security holes in the old Java runtime.
    Since Sun was offering to give Microsoft a free JVM to distribute with Windows, I fail to see how MS was barred from shipping newer versions of Java or why it was so terrible that they had to ask Sun to do bug and security fixes on a competing VM created from Sun technologies.
    Really, Sun is a victim of its own foolishness. Yeah, MS was selling a broken implementation, and yes they should have been stopped. But preventing MS from shipping any JRE they developed in house simply meant that they would basically ship nothing (as XP does not ship with Java, it must be downloaded- either MS's old Java or Sun's lastest JRE).
    What's wrong with Microsoft shipping nothing? By shipping their ancient, incompatible VM, they could argue that including a JVM from Sun or any other vendor was redundant and a waste of disk space. Now that the Microsoft VM has to be downloaded and installed separately, the two VMs are on equal footing. If you had a choice between downloading a more recent, faster version of Java and downloading a ridiculously outdated VM that doesn't even say "Java", which would you choose? Furthermore, C# is perfect proof of what Microsoft would have done with Java if given the chance. Microsoft was creating a VM that had applets that were incompatible with the JVMs of other vendors and designing Java compilers that compiled directly to WIN32 code. Allowing MS to continue with that kind of behavior would have allowed them to turn Java into C#.
    Now that they stopped them they said "Hey, no one is using the new stuff on Windows!?!?"- well DUH! Most Windoz users have no idea about Java, no less who makes it or if they needed (heck most dont know about Flash)
    Not really a valid argument. Some people don't even know what Internet Explorer is. However, if you don't have Flash, and you go to a website that requires it, you'll probably download it. If it becomes a common enough download, vendors and ISPs will start including it with their products. It's not important if the average Joe knows about it. It's important that the web developers know about it and have access to it.
    I am sorry, I feel no pity for Sun here. They may not have started this fight or layed the foundation, but they certainly built upon it with the settlement they hammered out with MS on Java a long time ago.
    The only mistake they made is not forcing MS to include the Sun JVM as part of the settlement, and they probably couldn't have gotten that out of MS anyways, since the whole point was to eliminate the threat to their OS monopoly. Courts were their only option, and considering the intentional damage MS inflicted and its monopoly status, I think this decision was a mistake.

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