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MS Killed Java: Time for Justice - A Commentary on Sun's Injunction Request Against Microsoft
MS Killed Java: Time for Justice - A Commentary on Sun's Injunction Request Against Microsoft

(August 30, 2002) - It's interesting to discuss this on the day that Michael Skakel, the "Kennedy cousin", is sentenced to 20 years to life for killing a woman 25 years ago. Someone mentioned to me that it seems a harsh punishment for something that happened so long ago, and I could only reply, "She's still dead."

Five years ago, almost to the day, Microsoft shipped IE4 with a JVM that was intentionally engineered to provide leverage to corrupt and pollute Java compatibility standards. The US District Court clearly found Microsoft guilty of illegal anticompetitive behavior with respect to Java, and that court's findings were upheld and clarified by the US Court of Appeals. Nonetheless, Microsoft has continued to benefit from having used its monopoly power illegally to suppress the emerging success of Java. They have been as free during these past five years as Michael Skakel was since he committed his crime. It is time for justice to be done, and justice demands that Java get the chance to succeed that Microsoft intentionally and illegally took away.

It doesn't matter that Microsoft committed the illegal acts a long time ago, they are no less culpable. I support Sun's motion and hope that the judge who hears this case will understand that Microsoft's illegal acts were made even more severe by the fact that Microsoft committed them early enough to kill Java on the client before it had a reasonable chance to succeed. In the famous words of Barney Fife, they "nipped it in the bud!" It is representative of the worst and most calculated forms of illegal use of monopoly power.


Microsoft's Response to Sun's Injunction Request
Due in October

(August 29, 2002) -- Microsoft has until Oct. 4 to respond to Sun Microsystems' request for a federal court injunction requiring Microsoft to integrate Java into Windows, said Sun spokeswoman Penny Bruce.

This week, U.S. District Judge J. Frederick Motz set a Dec. 3 hearing on Sun's request for the preliminary injunction, in which Sun also asks that Microsoft be prevented from distributing Virtual Machine for Java in an unlicensed manner.

Last March, Sun filed the private antitrust lawsuit in federal court in San Jose, CA, and transferred the suit to Maryland in August. The lawsuit alleges Microsoft's antitrust violations have harmed the Java platform, and have forced other companies to distribute or use products incompatible with Java. Sun also charges that Microsoft has intentionally created incompatibilities between Microsoft software and competing technologies. Sun has not set a definite dollar amount in the lawsuit, but has said it is seeking coverage for legal costs as well as economic damages.

About Rick Ross
Rick Ross is the founder of Javalobby (www.javalobby.org). He is a frequent speaker at Java-related events and a well-known advocate for Java developer interests.

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Reader Feedback: Page 1 of 10

2 years on, and at least where I am living people understand the power of java, and are using it! The world''s biggest oil company has a java initiative! long live netbeans, long live j2se/j2ee 1.4x, long live, tomcat! Thanks to .net technology people here are finally beginning to understand the value of java, and are dropping .net for java.

What's your problem? Are you blind? Have you forgot about how slow java client apps are? Java almost disappear because its weakness on client side. App server has created a new world of opportunities for Java. I'm working now in three new huge projects using Websphere App Server and there is a lot more coming. I almost had no work using applets technologies or client side Java related technologies, just server-side.

Java? What a pathetic waste of time language. An alternative for developers who weren't smart enough to learn C and C++ from the beginning. Java was the dummy's way out. With twenty-five years of software development experience ranging from Assembly to C++ and more, I have absolutely no sympathy for Sun or its language that is basically used by disgruntled Microsoft haters. Simply put and said again, Microsoft just built a better mouse trap and...it came with cheese.

To Brian Kiser,

We have law in this country, law that protect the competive enviroment. Microsoft like anyone else has to abide by those law. If people dont like the laws here move

There are way too many frog in the well who cant and will not see what is outside of MicroSoft. Well ya I know it take a bit to think than to use a cliche like 'Survival of the fittest'.

Wondering: have you tried to buy a brand name computer offlate (like a dell) that will give u an option not to buy MS. Oh no.. that cant happen, cause they know whats best for us, right ??

TRUE. It's not Bill Gates fault he's competitive, however, once a company gets monopoly power, the only way to allow competition to continue IS through anti-trust laws.

MicroSoft would not exist as we know it today (or at all) if the US government had not prosecuted IBM in the 70's for anti competetive behavior under the anti-trust laws. At that time IBM was also killing all of the competition by doing just what MicroSoft does today. Not allowing software from other vendors to run on their machines (unless it didn't make lots of money) etc.

As a result of this anti-trust suite, IBM allowed this 'little man' Bill Gates the right to sell DOS. Bill ran with that gift from the government and we see where he is today.

Ok, he made it big, no BIGGER than BIG, but now its time for the government to limit his monopoly power and promote more free competition of good ideas in the software relm.

C# is simply a poor UNPORTABLE ripoff of Java and Java needs to be allowed to play on a level playing feild, i.e. MS must be forced to make it part of the windows distribution!!!!!!!!!!!!!!!

Esta es una lista de cuestiones que creo son realidades, no necesariamente lo son, pero para un sector amplio probablemente lo sea y deberan ser tomadas en cuenta para seguir adelante en nuestra are :

-En el mundo de la aplicacion desktop (standalone, fatclient-server) que es el campo de aplicaciones de software comerciales mas amplio sin duda alguna, Java no tiene un peso significativo, y con la tendencia actual tendra muchos problemas para crecer o definitivamente no crecera.

Sun no deberia de manejar el lenguaje Java, aparentemente la mayor parte de los desarrolladores de Java desearian que el manejo del lenguaje fuera abierto y mas desligado de Sun. Aparentemente, el problema principal de Sun para java es microsoft. Otros lenguajes no tienen este problema, de lo cual podemos deducir que tampoco deberia de serlo para Java, y lo cual nos lleva a inferir que Sun tiene otros objetivos en este altercado. por que deberian de afectar estos a la comunidad de Java?.

-Un manejo MAS abierto del lenguaje Java podria acelerar las mejoras necesarias a Java en sus diferentes areas (mejores librerias de interfaz grafica, mejores maquinas virtuales, etc).

-Una interfaz de desarrollo que FACILITE y AGILICE el desarrollo es algo que desea cualquier desarrollador. Hasta el momento Microsoft las ha hecho mejores. Java es un gran lenguaje, no cabe duda, inclusive Microsoft apuesta a su estructura con J++ y J#. Si el desarrollo en paquetes como Visual J++ o Visual J# estuvieran basados en Java puro, la comunidad de desarrolladores de Java seria mas feliz. Los paquetes de desarrollo comerciales para Java (Jbuilder,SunOne,etc) son inferiores en varios aspectos a las interfaces de desarrollo de Microsoft y esto importa al momento de decidir en que plataforma de desarrollo se trabajara.

-Con las variables del mercado y el ambiente de desarrollo de aplicaciones actuales, el ambiente de Java es seriamente amenazado por .net. Definitivamente, si Java no mejora ENORMEMENTE en el ambito de las aplicaciones cliente, clientepesado-servidor, que es por donde .net empieza a tomar ventaja y que es donde existe mas mercado, Java tendera a la baja.

Deberiamos ampliar esta lista de REALIDADES y no dejar que nuestra postura afecte nuestra vision, o que la afecte lo menos

posible para poder salir adelante de este problema que en realidad apenas empieza y es muy serio, porque define un futuro incierto en nuestra comunidad.

La comunidad de desarrollo de Java debe encontrar ventajas en estas premisas muy rapido para estar a la altura de LAS necesidades y de la competencia.

The LAST thing I want is for the Government (the same one pushing UCITA, RIAA, etc) to force any company to put a competitor's product into theirs. This sets a BAD precedent, and is not a remedy to the problem of utilizing monopolistic practices. What the government should do is force Microsoft to allow OEM's to add whatever they want to Windows, and punish them for any monopolistic practices in the past and going forward. Unfortunately, the all mighty US Court systems folded to the all mighty Microsoft-dollar. But, thats another story.

You obviously do not know much about J2EE. You can set up a 100% J2EE compliant environment/system with only the money for the hardware, as everything else is free, including the Application Server, the Database, etc. I know it because I have done it.

Try doing that with MicroSoft.

I like MicroSoft, I believe they deserve their place in history, as well as a sector of the industry, and I still do projects in MS environments when the need demands, but don't make claims about things that you don't know enough about.

"Java get the chance to succeed that Microsoft intentionally and illegally took away."

I think that Java is doing quite well, and will continue to do so. Because of Java, and of course UNIX, we have replaced all our NT/2000 servers for Sun, and Linux servers. No more C++ under Windows, it mostly Java.

How can you say that MicroSoft has taken anything from Java?? Do you know something that we don't? Did you leavve anything out?

I think that the complaining about MicroSoft has to stop, and lets continue coding in Java.

M. Celi

Has everyone forgotten stability. I have worked in IT for years and used MS and UNIX, Solaris, iPlanet, jsp, java in th eearly days and I spent way to much time getting paged at night to fix MS stuff. Solaris, iPlanet and java rule... All of our ecommerce java app run high speed and any thing we deploy to the web just simply stays running. MS crashes, get viruses etc. The best choice is Unix and java not MS and .net. or anything MS makes. They keep changing them to make you buy them again and agian, like a junky on drugs.

It should be intuitively obvious, even to the most casual observer, that Java is "open", which means that it is interoperable, portable, and scalable. And, that none of Microsoft's stuff is any of the above.

Dear all,

There are some posters above who are entirely missing the boat. Microsoft, in using Java, had to sign the agreement that everyone signs when one downloads the Sun JRE. Namely, 1) to ask Sun's permission before changing any of the code, 2) to make known, via open source, to the whole world, what your changes to the platform were; and
3) most important of all, to ask Sun's permission before using Java commercially.

Let's not forget: Sun has the COPYRIGHT on Java. One must sign a copyright agreement before using it as a product. Microsoft clearly and unquestionably violated copyright/patent law in this whole matter.

I would invite the readers to go download again the SDK for Java 1.4. Right before the download, read the terms of the agreement. If you read them, you will find, plain as day, that Microsoft broke the law.

Just being rich is no excuse for Microsoft to break the law, anymore than it is an excuse for Arthur Anderson or Enron to break the law.

Al Hembd

IMHO:
We should all look to a bright future.

As a technology Java has a future. Do not lets any mistakes made in the past or mistakes made in any economic arena fudge you perception of what this technology offers.
As a Sun marketing campaign might say, Go forth and multiple!

Any marketing machine knows: Quickly learn from and then forget mistakes, always look good regardless of the situation.

Thus, Microsoft may not be as solid as we may believe and when one examines the technologies they offer this is clearly the case. They do however show a united and positive front when they are questioned, and, the MS machinery can learn very quickly.
Java and all that goes with it on the other hand has a more troubled pass and future. Primarily due to the fact that it is a more open technology, a technology for the people you might say. Therefore it is reasonable to expect that it will get bashed around more. It is however better and anybody who cannot see that it is better is not looking in the right direction, the future.

Stephen Bennett


Feedback Pages:


Your Feedback
Zafar wrote: 2 years on, and at least where I am living people understand the power of java, and are using it! The world''s biggest oil company has a java initiative! long live netbeans, long live j2se/j2ee 1.4x, long live, tomcat! Thanks to .net technology people here are finally beginning to understand the value of java, and are dropping .net for java.
Emerson Lopes wrote: What's your problem? Are you blind? Have you forgot about how slow java client apps are? Java almost disappear because its weakness on client side. App server has created a new world of opportunities for Java. I'm working now in three new huge projects using Websphere App Server and there is a lot more coming. I almost had no work using applets technologies or client side Java related technologies, just server-side.
Nate Scott wrote: Java? What a pathetic waste of time language. An alternative for developers who weren't smart enough to learn C and C++ from the beginning. Java was the dummy's way out. With twenty-five years of software development experience ranging from Assembly to C++ and more, I have absolutely no sympathy for Sun or its language that is basically used by disgruntled Microsoft haters. Simply put and said again, Microsoft just built a better mouse trap and...it came with cheese.
Dan wrote: To Brian Kiser, We have law in this country, law that protect the competive enviroment. Microsoft like anyone else has to abide by those law. If people dont like the laws here move
Hash wrote: There are way too many frog in the well who cant and will not see what is outside of MicroSoft. Well ya I know it take a bit to think than to use a cliche like 'Survival of the fittest'. Wondering: have you tried to buy a brand name computer offlate (like a dell) that will give u an option not to buy MS. Oh no.. that cant happen, cause they know whats best for us, right ??
Fauss Hull wrote: TRUE. It's not Bill Gates fault he's competitive, however, once a company gets monopoly power, the only way to allow competition to continue IS through anti-trust laws. MicroSoft would not exist as we know it today (or at all) if the US government had not prosecuted IBM in the 70's for anti competetive behavior under the anti-trust laws. At that time IBM was also killing all of the competition by doing just what MicroSoft does today. Not allowing software from other vendors to run on their machines (unless it didn't make lots of money) etc. As a result of this anti-trust suite, IBM allowed this 'little man' Bill Gates the right to sell DOS. Bill ran with that gift from the government and we see where he is today. Ok, he made it big, no BIGGER than BIG, but now its time for the government to limit his monopoly power and promote more free competition of good ideas in the softwar...
ArtPerez wrote: Esta es una lista de cuestiones que creo son realidades, no necesariamente lo son, pero para un sector amplio probablemente lo sea y deberan ser tomadas en cuenta para seguir adelante en nuestra are : -En el mundo de la aplicacion desktop (standalone, fatclient-server) que es el campo de aplicaciones de software comerciales mas amplio sin duda alguna, Java no tiene un peso significativo, y con la tendencia actual tendra muchos problemas para crecer o definitivamente no crecera. Sun no deberia de manejar el lenguaje Java, aparentemente la mayor parte de los desarrolladores de Java desearian que el manejo del lenguaje fuera abierto y mas desligado de Sun. Aparentemente, el problema principal de Sun para java es microsoft. Otros lenguajes no tienen este problema, de lo cual podemos deducir que tampoco deberia de serlo para Java, y lo cual nos lleva a inferir que Sun tiene otros objet...
Iman Mayes wrote: The LAST thing I want is for the Government (the same one pushing UCITA, RIAA, etc) to force any company to put a competitor's product into theirs. This sets a BAD precedent, and is not a remedy to the problem of utilizing monopolistic practices. What the government should do is force Microsoft to allow OEM's to add whatever they want to Windows, and punish them for any monopolistic practices in the past and going forward. Unfortunately, the all mighty US Court systems folded to the all mighty Microsoft-dollar. But, thats another story.
LaloCeli wrote: You obviously do not know much about J2EE. You can set up a 100% J2EE compliant environment/system with only the money for the hardware, as everything else is free, including the Application Server, the Database, etc. I know it because I have done it. Try doing that with MicroSoft. I like MicroSoft, I believe they deserve their place in history, as well as a sector of the industry, and I still do projects in MS environments when the need demands, but don't make claims about things that you don't know enough about.
wrote: "Java get the chance to succeed that Microsoft intentionally and illegally took away." I think that Java is doing quite well, and will continue to do so. Because of Java, and of course UNIX, we have replaced all our NT/2000 servers for Sun, and Linux servers. No more C++ under Windows, it mostly Java. How can you say that MicroSoft has taken anything from Java?? Do you know something that we don't? Did you leavve anything out? I think that the complaining about MicroSoft has to stop, and lets continue coding in Java. M. Celi
A. Rowley wrote: Has everyone forgotten stability. I have worked in IT for years and used MS and UNIX, Solaris, iPlanet, jsp, java in th eearly days and I spent way to much time getting paged at night to fix MS stuff. Solaris, iPlanet and java rule... All of our ecommerce java app run high speed and any thing we deploy to the web just simply stays running. MS crashes, get viruses etc. The best choice is Unix and java not MS and .net. or anything MS makes. They keep changing them to make you buy them again and agian, like a junky on drugs.
R. Peterson wrote: It should be intuitively obvious, even to the most casual observer, that Java is "open", which means that it is interoperable, portable, and scalable. And, that none of Microsoft's stuff is any of the above.
Al Hembd wrote: Dear all, There are some posters above who are entirely missing the boat. Microsoft, in using Java, had to sign the agreement that everyone signs when one downloads the Sun JRE. Namely, 1) to ask Sun's permission before changing any of the code, 2) to make known, via open source, to the whole world, what your changes to the platform were; and 3) most important of all, to ask Sun's permission before using Java commercially. Let's not forget: Sun has the COPYRIGHT on Java. One must sign a copyright agreement before using it as a product. Microsoft clearly and unquestionably violated copyright/patent law in this whole matter. I would invite the readers to go download again the SDK for Java 1.4. Right before the download, read the terms of the agreement. If you read them, you will find, plain as day, that Microsoft broke the law. Just being rich is no excuse for Microsoft...
Christopher wrote:
Stephen Bennett wrote: IMHO: We should all look to a bright future. As a technology Java has a future. Do not lets any mistakes made in the past or mistakes made in any economic arena fudge you perception of what this technology offers. As a Sun marketing campaign might say, Go forth and multiple! Any marketing machine knows: Quickly learn from and then forget mistakes, always look good regardless of the situation. Thus, Microsoft may not be as solid as we may believe and when one examines the technologies they offer this is clearly the case. They do however show a united and positive front when they are questioned, and, the MS machinery can learn very quickly. Java and all that goes with it on the other hand has a more troubled pass and future. Primarily due to the fact that it is a more open technology, a technology for the people you might say. Therefore it is reasonable to expect that it w...
Hiring Manager wrote: Guys for my part, I work for a big financial company. We used to be a Microsoft shop with 60+ VB and C++ programmers. In the last five years we have slowly moved towards J2EE and Java on client side. With a 1000% increase in business we now have 30+ Java/J2EE programmers and are still able to efficiently provide highest uality of services to tyhe finacial professionals in the firm. We are never hiring another M$, VB programmer again. You will be nits not to have Java / J2EE, Solaris and Linux on your resume and look for a job.
jClub wrote: I can c how much powerfull open standards are ! Its time to get up and start killing MS who is born 2 kill freedom.
Michael H wrote: I've worked on projects that have built large client GUI's using Swing. Fat-client Java is dead on the because Swing is too clunky. Compraed to other approaches, it's too difficult to acheive a GUI that is both full featured and efficient. The Java language is a great advance on C++ as practical language for team development. But it was a very tall ask to design a good set of general purpose libraries. Over time Sun has improved many areas of the libraries and they are great for much of the server-side stuff (but I don't buy into J2EE 100% because it too is rather clunky, but improving). Swing lacks STANDARD higher level abstractions that would make building business GUI's less tedious. It provides a level of abstraction necessary to build browsers, word-processors or spreadsheets, but most of us aren't coding at this level of abstraction. The layering of abstractions is e...
Ken wrote: JBoss is J2EE, very nice and free. Don't know if Java is dead or not, but I get more interest in my Java experience then in any other. Java has now (IMO) surpassed C and C++ I have yet to have anyone ask about VB, C# or .net This is very subjective, but I'm sticking with Java. You'd be nuts not to learn Java comming out of college today.
Fred Barrett wrote: Coming from a developer perspective, I can get a project done faster and easier in Microsoft's dev environments than any Java IDE. As a systems integrator with deadlines and deliverables, until the Java IDEs start helping the process, Microsoft simply has a better product...whatever the Courts say won't change that for me.
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