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Sun Files Suit Against Microsoft for Anti-Trust Violations
Herve writes "Sun Microsystems announced it has filed a private antitrust lawsuit against Microsoft Corporation. The suit, filed March 8, 2002 in the United States District Court in San Jose, CA., seeks remedies for the harm inflicted by Microsoft's anticompetitive behavior with respect to the Java[tm] platform and for damages resulting from Microsoft's illegal efforts to maintain and expand its monopoly power. In June 2001, the Federal Court of Appeals found Microsoft guilty of illegally abusing its monopoly power with respect to Sun and the Java platform. Sun's suit seeks to redress the competitive and economic harm caused by Microsoft's illegal acts."
...the suit is also seeking access to the APIs used by Microsoft software and the IE source code.
Would be interesting to see if there are "hidden interfaces" exposed in the Windows API.
Companies like Netscape and AOL and now Sun are just now all sueing MS simply because they have lost faith in the Justice Dept to hand down stiff penalties on Microsoft, so companies harmed by Microsoft are now seeking to send down their own penalties (as in most of these lawsuits will end in MS paying off the plaintiff).
The One Rule Of Chess You'll Ever Need: Don't play someone who carries a kit in their bookbag.
Here is the text of Microsoft's stance on the issue found here.
.NET to ECMA and are following through on our commitment.
.NET supports over 20 languages from Microsoft and third parties, and Java will also be supported as a full-fledged language for the .NET platform. We believe that is a better definition of choice.
An Open Letter Regarding Windows XP and Java Support
Sun Microsystems has invested a great deal of their marketing dollars and lobbying efforts in attacking our yet-to-be released Windows XP operating system, claiming that Microsoft has hurt Sun, the Java language and PC industry customers at large by not including the Microsoft virtual machine in Windows XP.
We feel it is important to outline for our customers the facts on this matter.
Sun Microsystems has taken every step possible to prevent Microsoft from shipping our award winning Java virtual machine. In fact, Sun resorted to litigation to stop Microsoft from shipping a high performance Java virtual machine that took optimal advantage of Windows. The settlement agreement provides for a termination of Microsoft's existing license with Sun and phase-out of the Microsoft VM, so Sun's professed surprise is mere spin. It should be noted that, since the settlement, a Federal Appeals Court has upheld Microsoft's development of a high-performance, well-integrated virtual machine for Windows as pro-competitive.
When Microsoft and Sun settled their litigation earlier this year, Sun was quick to pronounce the settlement a great victory. Sun's CEO said, "It's pretty simple: This is a victory for our licensees and consumers. The community wants one Java technology: one brand, one process and one great platform. We've accomplished that, and this agreement further protects the authenticity and value of Sun's Java technology."1 Sun got what they said they wanted: the termination of the existing Java license with Microsoft, and an agreement that Microsoft would phase out its Java virtual machine.
Sun now professes surprise and unhappiness, and is complaining publicly. But as industry analysts such as Bob Sutherland of Technology Business Research point out: "Sun can't have it both ways. They don't want Microsoft to have monopolistic control, but at the same time they want them to control their Java. No matter what Microsoft does, Sun is going to try to demonize them."2
Perhaps most disturbing, Sun is being disingenuous about the impact on customers. Microsoft has taken several steps to make its Java implementation available to Windows XP customers while adhering to the settlement agreement and protecting Windows customers from any future litigation by Sun. While the Microsoft virtual machine is not on the Windows XP CD, it is still an integrated part of the product. Customers who upgrade to Windows XP from recent prior versions of Windows can easily and automatically take advantage of their existing Java virtual machine. Customers with new machines or who perform a clean installation of Windows XP will automatically be offered the choice to perform a one-time download of the virtual machine the first time they browse a Web page containing a Java applet. This download is then available for any subsequent applet a customer may encounter. Finally, Microsoft has made its virtual machine available to any PC manufacturer to ship with new Windows XP systems, to save customers even this one-time download.
At Microsoft we are proud of the Java virtual machine we created, and the value our customers see in it. It has a long history of high quality and superior performance. It is also the only Java virtual machine that offers an integrated applet browsing experience with Internet Explorer. And it offered customers a choice - just as Windows XP will enable customers to choose and run other third-party virtual machines.
Sun works hard to create an image of itself as a leader in openness and choice with Java. The notion that Java is "open" is simply incorrect - Sun's actions ensure this, as again clearly demonstrated when it submitted Java to an industry standards body and then reneged on the submission, not just once but twice. Contrast these actions with Microsoft, where we have submitted the underlying specifications for Microsoft
Sun's idea of choice is that you can have any language you want, as long as it is Sun's version of Java under Sun's control. By contrast, Microsoft
For an opinion about this antitrust issue and Microsoft's behaviour check Cringley's column this week.
Pedro Côrte-Real.
For all those of you just tuning in...
If Sun wins the suit, they stand to get treble damages, because MS has already been found guilty of abusing a monopoly.
Frankly, it's this type of stuff that's really going to put a serious drag on MS.
I do wish the JD and GWB would actually DO somthing about MS, but it appears that they won't. Hopefully the states will be able to continue. The reason I want this, is it seems, well unseemly, that Sun et. al. use this forum to get MS. Sure, MS deserves it, but it's not like Sun wouldn't be doing the same thing, should they be in MS's position.
It just seems better for the Gvmt to strike MS, and split the company. They should also levy massive fines, as the value of competing companies could have been very large - but instead they're bankrupt or playing the small time. (Think of DR-Dos, OS/2, Netscape, WordPerfect, Novell etc.)
Why do I think splitting the co is the right action? Well, that way the Gvmt doesn't have to be invloved in the day-to-day activites of the company. The problem now, is that what benefits MS's is often not what benefits the customers. It's better for MS to keep the client locked to Windows, and locked to Office, as well as all the other "tightly-integrated" MS apps - think tightly-insecure!
If the Office group were a separate company, then they wouldn't care who used office. Any copy sold was a buck in their pocket. So, port it anywhere it could sell decently. But right now, it's to their benefit (high stock-price, better profit sharing etc) to help sell Windows the OS. More Windows, more bucks. Don't sell office on other platforms that threaten Windows, because it cuts into your pay.
By breaking the company into smaller function specific pieces, we can align the best interest of the company with those of the consumer. Ala - a MARKET based solution - stemming from necessasary Gvmt intervention. That's the way it should be.
But, if our good old DOJ can't do it's job properly, I guess we'll just have to settle for a box or rats all biting each other to cut MS back to size. It's sure not pretty, but it'll probably help. I guess the guilty verdict is the the good thing to come out of this so far...
Cheers!
MS's attitude was that there was no way they were going to allow Java to take over the Windows programming market in a way that might make Windows irrelevant underneath. They succeeded.
Sun's attitude was that there was no way they were going to allow Java to become "just a better way to write Windows apps." They succeeded.
As a result, Java is virtually irrelevant to Windows client app development, and since Windows is the vast majority of all "computer-scale" clients, Java is irrelevant for almost all client programming. Go team!
"Those who have never entered upon scientific pursuits know not a tithe of the poetry by which they are surrounded."
On January 23, 2001 Microsoft and Sun settled on the lawsuit about Microsoft shipping non-standard versions of Java. Part of the settlement was the following: "Sun has agreed to grant Microsoft a limited license to continue to distribute its current version of the software, provided that all future versions of such products pass Sun's compatibility tests. This part of the agreement lasts seven years. Beyond that date, Microsoft can not distribute Java technology or use any of Sun's intellectual property."
Ok, so Microsoft can't distribute any Java after 2008. But Microsoft decided not to included the Java VM with Windows XP, kind of saying we don't need your stinking POS. Now, on this new lawsuit Sun asks among other things for: "Preliminary injunctions prior to trial requiring Microsoft to: Distribute Sun's current, binary implementation of Java Plug-in as part of Windows XP and Internet Explorer." Why don't they make up their fucking mind?
It seems to me Sun is just looking for some money to pad their lackluster balance sheet. If you think Sun is doing any of this for the good of the public you should stop watching the Teletubbies.
It's amazing that Sun's (or any other non-M$) VM could approach the M$ VM perf considering the proprietary hooks and low-level tricks M$ used to get that kind of performance.
That's the basic sin of M$ that hurts the consumer: They ensure their monopoly of apps because they don't disclose the available APIs to get the best performance. They save those goodies only for themselves, then point fingers at how slow the other guy's app runs. NO KIDDING!! If I was able to pre-load all of my piece-of-junk apps so they open quickly then use tricks no one else can access to speed them up, I'd be doing well, too! No wonder that non-M$ apps stay slow...they only get the leftovers of the resources M$ apps hog!
No matter how you frame it, the consumer has the ultimate choice in the matter...to buy or not to buy. If the majority of consumers cared about this, they'd change their buying habits.
at the danger of being accused of being 'dismissive', and of feeding a troll..
have you even looked up the definition of a monopoly? exclusive ownership through legal privilege, command of supply, or concerted action. basically that means the monopolist has such leverage in the market, individuals no longer CAN choose an alternative. that is the point.
Antitrust laws are unobjective and arbitrary, punishing successful companies for the "crime" of being better than their competitors.
Far from it. It is fine if Microsoft is so much better than their competitors that they control most of the desktop operating system market. That is fine and good, a monopoly is not in and of itself an evil thing. But, if a monopoly uses that monopoly position to: (1) artificially inflate prices of a necessity (such as a desktop OS); (2) tie their products in other markets to their monopoly position in the desktop OS market (such as a web browser); or (3) use illegal 'blocking' means to prevent and/or stifle competition (such as agreements with computer vendors to bundle Windows and only Windows or pay the consequences).
note that i'm not trying to 'dismiss' you, just point out that maybe you don't realise that people do NOT have the choices you claim they do.
-rp
Seriously, if you MS spies or whatever you call yourselves are going to come onto slashdot and post up pro MS drivel in the face of criticism, the least you an do is try to mask it a little bit. Good Lord. That entire post is possibly the most ignorant, Microsoft Certified Shit Comment I've ever read.
I realize that I should not attack your post with only insults, so I'll give an example, but only one since I don't have much time.
You cannot honestly ask any company to ship their competitor's product with their own. That is an absurd idea at best.
The problem is not that MS Windows doesn't come with Netscape or Java or any other competition. The problem is that Microsoft makes contracts with resellers that say if they're going to sell Microsoft Crap.X version of the OS then they have to include certain things, and they have to leave out certain things (like netscape and java.) Therefore, the illegal action is not leaving the competition off their CDs, but forcing the computer sellers to only have MS crap on their machines. That's mafia-esque and just as illegal.
~ now you know
1) Several folks say the previous Sun suit was to get Java off Windows. I beleive it was to force MS to follow the contract and keep the MS version 100% compatible with the established standards. When MS LOST that suit, they decided to pull all support. If Sun didn't want Java on windows they wouldn't have licensed it to them in the first place.
2) Did anyone consider that maybe the MS Java VM being faster than the Sun Java VM had something to do with MS not makeing their full APIs available for other companies to use? Just a thought.
Part of Microsoft's investment deal was Corel's agreeing to waive any future law suits. It may have saved them at the time but Sun's claim is peanuts compared to the damages Corel could have claimed due to Microsoft hijacking the Office suites market.
All may not be lost. Earlier this week news came out that the former antitrust chief under
New York AG, Stephen Houck, has joined the rebelling states' legal team, throwing Ballmer
and his legal eagles off balance. The NY AG's office was leading the
enquiry into the Office suites monopoly case until they shelved it to
concentrate in the still-lingering Netscape case.
The Office suite case files are there to be picked up again, and this
time MS has already been convicted of monopolist behaviour; it's just
the "remedy" that they're busy watering down, despite Enron hanging
over quite a few high-placed Republicans' heads.
If the Netscape case, as it would appear, gets sold down the river,
what are the chances that the angry states will try again using
heavier ammunition, such as WordPerfect Office? Or if Java is deemed worth billions
under a private antitrust case, what would the former main competitor
to Microsoft's profit center Office be worth?
Whatever rights Burney signed away in order to get that "life-saving
investment" from MS, surely those clauses can be annulled by any
fractionally competent lawyer. The second task would be get injunction
against MS-Office...
Of course someone would need to take over this company first, but
they'd get all the products, including the WPO, for practically
nothing! In this climate some high-profile law offices might even want
to take the private Office antitrust lawsuit on a commission basis. BTW Corel's market cap is a little over $250 mil while they have over $100 mil of cash. So for $150 investment someone could get a chance at a big settlement and the company/products would be a bonus. Anyone out there from IBM or AOL interested?
Today's vices may be tomorrow's virtues.
IANAL, but it looks as if they are alledging that Microsoft built the CLR off of their "illegal" Java VM. I have to say, it *was* the first thing that entered my mind when I heard how the CLR functioned. Proving that they are one and the same (with many many many additions and modifications along the way) could be the thrust of this whole lawsuit - carefully buried in item #184 all the way at the end of the document.
I'm a 2000 man.
KDE and GNOME exist outside of the market. They exist outside of the market due to the problems of competiting commercially against the "most compatible" player. No gratis-ware can be used to refute the existence of a monopoly. The fact that gratis-ware is the most likely competition against the market leader is infact a demonstration that the market leader enjoys a monopoly as defined by the Sherman Act.
I was suprised when I read this. It's not often an attitude shown on slashdot, but it is true. When it takes a completely free OS, with tons of completely free Applications, and free access to the source code of all these Applications, to get a tiny 1% market share, the market has failed miserably. I have tremendous respect for Linux and it's supporting projects, but it isn't a good example of how the market isn't being monopolized. BeOS, a commercial project which showed incredible potential, and had even met some of that potential(and I'm running it right now), on the other hand, is a good example of how it is monopolized.
It's been a long time.
It's amazing that Sun's (or any other non-M$) VM could approach the M$ VM perf considering the proprietary hooks and low-level tricks M$ used to get that kind of performance.
You know what most of those proprietary hooks and low-level tricks are?
Not using fopen and malloc to handle all of your memory management and file i/o.
That's it. End of story.
Use VirtualAlloc for memory management, and you'll get better perf.
Use CreateFile with overlapped I/O or completion ports, and you'll get better perf.
Basically, Sun writes their code to be ported, and MS writes it directly to their platform. Portable code = sucky performance. Live with it -- don't blame Microsoft because Sun don't tune their code.
Simon
Coming soon - pyrogyra