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Appeals Court Sides With Microsoft On Java

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.

99 of 517 comments (clear)

  1. actually, by Anonymous Coward · · Score: 5, Informative

    i think Red Hat includes IBM's implementation, and Apple uses their own impl.

    1. Re:actually, by Anonymous Coward · · Score: 2, Informative

      Yes, but they are all based on Sun's Java.

    2. Re:actually, by leifm · · Score: 4, Informative

      Yeah, I thought that was the case as well. Doesn't Apple have the only Java implementation that doesn't spawn a new VM for each new app? I can't remember what the terminology for it was.

      --

      "Windows Me offers tremendous reliability and stability improvements..." -- Paul Thurott
    3. Re:actually, by Anonymous Coward · · Score: 5, Informative

      Not anymore. RedHat will now bundle Sun's Java implementation. I believe there's a link to this on Sun's website somewhere.
      At my client's site, they had a symposium with the chief technologist from Sun, Brian Wilson, a couple of weeks ago and he announced the agreement between RH and Sun.

    4. Re:actually, by Suppafly · · Score: 2, Interesting

      Yeah, I thought that was the case as well. Doesn't Apple have the only Java implementation that doesn't spawn a new VM for each new app? I can't remember what the terminology for it was.


      I wish sun would jump on that bandwagon, I'm sick of a new 30 meg vm opening everytime i visit a webpage with a java applet. You'd think a virtual machine, much like a regular machine, could handle more than one program at a time.

    5. Re:actually, by Saeed+al-Sahaf · · Score: 3, Funny

      I can say, and I am responsible for what I am saying, that these Java nerds have started to commit suicide under the walls of Microsoft. We will encourage them to commit more suicides quickly. I can assure you that those villains will recognize, will discover in appropriate time in the future how stupid they are and how they are pretending things which have never been a reality, this Java.

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    6. Re:actually, by kenthorvath · · Score: 3, Funny
      Yeah, I thought that was the case as well. Doesn't Apple have the only Java implementation that doesn't spawn a new VM for each new app? I can't remember what the terminology for it was.

      Efficient, I think is the term you are looking for, perhaps also see good, nice, cost-effective, and elegant. Now as an excersise to the reader I leave you the task of assigning some terms to Microsoft products... (grin)...

    7. Re:actually, by Steveftoth · · Score: 4, Informative

      No, they still spawn a new VM for each new app, you can't get around that limitation. Too many of the core classes are coded in such a way that you cannot get around that. (it's because of the static member variables)

      However, Apple's vm is basically sun's VM with some enhancements. First of all there's the Java-Cocoa(Objc) bridge that lets a developer write a java backend with a Obj-C native Cocoa front end. Secondly, the feature you may have heard about that saves much time and reuses code is that the VM caches on disk the HotSpot compliation of the Java byte code. The way it works is that Java code is compiled to JAva byte code by the developer. The VM then compiles byte code to it's own internal representation for eventual compiliation to native code. This code is normally intrepreted, but when a section of code is 'hotspotted' it is then compiled to native code. Apple modified the vm to save the internal representation of the bytecode to disk and use this in the VM. This is automatically done for all core classes at install time and on the fly for other Java code.

      Sun is supposedly looking into a way to extend it to other applications. Though only in client application does this make much difference because in server applications classes don't get loaded a lot. (except for JSPs but you really shouldn't be doing cpu intensive stuff in the JSP code, but in a library function)

    8. Re:actually, by shawnce · · Score: 4, Informative

      Apple's implementation does start up a new JVM instance for every applet/application but the JVM's all use shared code and loaded jar instances. So it is like starting up a new task which links against the same set of shared libraries/frameworks as other tasks.

      Additionally Apple provides, by default, installations of 1.3.1 and 1.4.1 in a fixed and standardized location, generally following the deployment style other the frameworks provided on the system. They are also updated automatically as needed via the normal Apple Software Update process, just like any other framework/application/etc...

      They go out of their way to discourage application developers from installing their own JRE's, it is not needed, it wastes space, and actually could lead to compatibility issues (the JRE they install could be in compatible with the OS version installed, etc.)

      Apple tests and maintains correct versions of their JREs for you, they are considered as part of the OS. This is very nice. Why should Java be different then any other OS framework?

      I do find it funny that it is worded as saying that Apple has "also agreed to include Sun's Java". Apple goes out of their way to provide Java on Mac OS X, its Apple's JVM/etc. implementation not Sun's.

    9. Re:actually, by SashaM · · Score: 3, Informative

      I don't know what Java Plugin you're using, but Applets already run all in the same JVM for all Browsers and JVMs I know. The problem is with multiple applications in the same JVM, which expect everything to close down when System.exit() is invoked (and other sharing issues). See the RFE on this issue

    10. Re:actually, by Golthar · · Score: 2, Informative

      Sun is working on this issue together with Apple and are in the process of merging their code.
      At first they expected it in 1.4.2, but because the code is not stable yet, they haven't released a new date

      Java chat on 1.4.2

      *snip*

      Filip: Startup performance is better in this release, but you only achieve about 1.3.1 startup performance with 1.4.2. Is there going to be some work in the Tiger release to further speed up startup? Also, why is shared VM dropped from 1.4.2, and can we expect it in Tiger?

      Ken Russell: We are planning to make more startup improvements in 1.5, but cannot provide specific details at this time. We are continuing to work with Apple Computer to develop and integrate their VM sharing code, but can make no guarantees about its future availability in Sun's J2SE releases.

      *snip*

  2. MS by jeffkjo1 · · Score: 5, Insightful

    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?

    1. Re:MS by getling · · Score: 2, Informative
      Yes, the ruling only partly strikes down the injuction; MS still cannot ship their own version of java, but they are not forced to include Sun's version.
      In granting the mandatory injunction, the district court acknowledged that its "must-carry" mandatory preliminary injunction was unprecedented, but explained it was necessary in the extraordinary circumstances of this case to prevent future "tipping" from Sun to Microsoft in an emerging middleware market - a market for "general purpose, Internet-enabled distributed computing platforms" that is distinct from the PC operating systems market that Sun alleged was being illegally monopolized by Microsoft... Because the district court was unable to find immediate irreparable harm and because it entered a preliminary injunction that does not aid or protect the court's ability to enter final relief on Sun's PC-operating-systems monopolization claim, we vacate the mandatory preliminary injunction. With respect to the preliminary injunction prohibiting Microsoft from distributing products that infringe Sun's copyright interests, however, we conclude that the district court did not err in construing the scope of the license granted by Sun to Microsoft, nor did it abuse its discretion in entering the injunction. Accordingly, we affirm that preliminary injunction.
      --
      "Life is tough but we're tougher. You only get what you give, so give all that you've got." --Tony LaRussa
    2. Re:MS by Heywood+Yabuzof · · Score: 2, Interesting


      If you look here, then search around the web a bit, you can find out more about the first part of the ruling - removing Java from Windows.

      They have already removed Java from their current OS (XP), and were seemingly more than happy to do so since they did so rather quickly without providing a Java alternative - they recommend migrating to a different product, or downloading a VM from "Some UNknown company"

      XP doesn't come with a JVM by default, and since February you can no longer download-on-demand the MS VM nor is it included anymore in XPSP1. They removed it right away, and just waited for this appeal decision in order to find out if they needed to include Java's VM instead. Now they don't even need to do that, so when users try to run Java apps, they just don't work, so Java generally just looks like a bad technology. Or maybe that's just a coincidental side-effect!

    3. Re:MS by rearden · · Score: 4, Insightful

      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

      --
      Huh?
    4. Re:MS by SpaceDogDN · · Score: 2, Insightful
      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.
  3. Yes, this makes sense by mhesseltine · · Score: 3, Insightful

    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).

    --
    Overrated / Underrated : Moderation :: Anonymous Coward : Posting
    1. Re:Yes, this makes sense by deanj · · Score: 4, Insightful

      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.

    2. Re:Yes, this makes sense by nettdata · · Score: 2, Insightful

      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.

      --



      $0.02 (CDN)
    3. Re:Yes, this makes sense by jspectre · · Score: 2, Informative

      ok. i agree with you in part. but M$ can also make it hard to install java and hard to make it compatable with their browser and OS. can you say "hidden APIs" anyone? and just when sun figures it out there will be an update/patch that will change things around again.

      --

      abcdefghijklmnopqrstuvwxyz

    4. Re:Yes, this makes sense by fritz1968 · · Score: 5, Insightful

      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)?

      --
      It is not the strongest of the species that survive, nor the most intelligent, but the one most responsive to change.
    5. Re:Yes, this makes sense by Surak · · Score: 2, Interesting

      No, it's not. I agree mostly. But Microsoft also shouldn't be engaging in anticompetitive behaviour and violating their contract with Sun by including their own broken implentation of Java. If Windows isn't going to include a proper implementation of Java (whether that be Sun's or a version of Microsoft's that conforms to standards), then it shouldn't include one at all.

    6. Re:Yes, this makes sense by deanj · · Score: 3, Informative

      But that's what the lower court did!

      At the time this was going on, Microsoft was still distributing their version. The courts response was, ship the compatible one instead.

      The damage already done, Microsoft said "well, we won't ship any at all".

      Fortunately, Dell and HP have already picked up the ball and will be distributing it anyway.

    7. Re:Yes, this makes sense by dnoyeb · · Score: 3, Interesting

      Untrue because that version of java was self-squashed by definition. Recall that it purposely sucked.

      The proper remedy is to make an attempt to force MS to provide Sun with what they illegally took away. Market opportunity.

    8. Re:Yes, this makes sense by Fishstick · · Score: 3, Informative

      >We can't (and shoudln't) prevent Microsoft from writing their own JVM

      Well, Sun had something to say about it as Microsoft was violating their license with Sun, IIRC.

      amemded complaint

      In order to obtain the right to make and distribute products incorporating Sun's JAVATM Technology, and to mark such products with Sun's JAVA Compatible trademark, defendant Microsoft entered into two written agreements with Sun in March 1996. Pursuant to one agreement, defendant Microsoft promised to incorporate Sun's JAVATM Technology in certain products, including Microsoft's Internet Explorer 4.0, in a manner that fully conforms with and adheres to Sun's set of published specifications ("JAVA specifications") and "public" application programming interfaces ("JAVA APIs") for the JAVATM Technology.

      Microsoft's prior agreements and promises notwithstanding, it has now unilaterally abrogated its obligations under both contracts by refusing to honor its express obligation to implement and adhere to Sun's most current set of JAVA specifications and JAVA APIs for the JAVATM Technology. Rather than comply with its contractual obligations, defendant Microsoft has instead embarked on a deliberate course of conduct in an attempt to fragment the standardized application programming environment established by the JAVATM Technology, to break the cross-platform compatibility of the JAVATM programming environment, and to incorporate the JAVATM Technology in a manner calculated to cause software developers to create programs that will operate only on platforms that use defendant Microsoft's Win32-based operating systems and no other systems platform or browser.

      So yeah, Microsoft can and should produce their own JVM, so long as they adhere to the agreements under which they licensed the right to do so from Sun. Sun went to court to stop MS from distributing their version because it didn't meet the standards for compatibility that Sun had put forward in their contract. If they had just done this in the first place, no one would be crying about it now.

      Someone please correct me if I've got this wrong.

      --

      There is much cruelty in the universe, John.
      Yeah, we seem to have the tour map.

    9. Re:Yes, this makes sense by Porphyro · · Score: 2, Insightful

      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

    10. Re:Yes, this makes sense by civilizedINTENSITY · · Score: 2

      "At the same time, the appeals judges upheld a lower court ruling that Microsoft had broken a 2001 legal settlement between the companies and infringed on Sun's copyrights. They sent the case back to the lower-court judge, U.S. District Judge J. Frederick Motz, for further proceedings."

      ...

      " Sun, which is seeking $1 billion in damages, charges Microsoft's acts against Java include polluting a version of the software and dropping it from Windows XP"

      Its not MS's "job", but it could be their legal responsibility to clean up the mess that they made. Big difference. Comparing RedHat and Realplayer to MS/Java is like saying that since I have the right to drive across statelines then so should convicted felons, and damn those pesky prision guards. Its all about context.

    11. Re:Yes, this makes sense by GooberToo · · Score: 4, Interesting

      You obviously never followed the topic.

      The "Insightful" moderation is simply sad.

      This is more like you burning down my house, on purpose, and a judge says I'm allowed to live in your house until restitution is made by you, while my house is being rebuilt. Then, these other judges come along and say, "woe", that doesn't make any sense. Even though you burned down my house on purpose, you shouldn't be held responsible unless the on-going legal action says otherwise. In the mean time, I have to go live under a bridge while you and the judges all laugh at me.

      This has nothing to do with marketing or product promotion. This has to do with holding Microsoft responsible for it's very illegal and harmful activities.

  4. In related news.. by L.+VeGas · · Score: 4, Funny

    Three members of the federal appeals court have just purchased Ferraris.

  5. Makes sense.... by lowe0 · · Score: 5, Insightful

    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?

  6. As long as it's there, and it works. by GNUman · · Score: 2, Insightful

    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.

  7. Anticompetative behavior by ikewillis · · Score: 4, Insightful

    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.

    1. Re:Anticompetative behavior by SurfTheWorld · · Score: 2, Interesting

      I don't buy the "lowest common denominator" nonsense that some people are shoveling. That may have been true for browsers wrt html support and display resolutions, I don't believe it translates to Java. Consider this -

      All the customer cares about is ease of use during the installation process. With InstallAnywhere virtually free (and I can't recall the name of the project that *is* actually free) - distributing your product is easy and transparent to the user.

      Just to play games, let's assume that somebody out there *didn't* want to use an installer and shipped out JAR files. Even if this maniacal situation existed, the fact that Dell and HP are dropping the 1.4 JRE onto PCs prior to shipping them to customers makes the VM Microsoft bundled completely and utterly irrelevant!

      IF installers were not freely available, and IF Dell and HP were not dropping 1.4 onto the desktop then *maybe* you'd have a handful of customers negatively impacted by the decision of the appelate court. But that's not the case.

      In fact, I think it's better that MS doesn't have to ship the old version of Java (wasn't it 1.1.3 that they had tos hip?) - it completely eliminates any notion of "lease common denominator" nonsense.

      --
      Do it for da shorties
  8. Still... by Anonymous Coward · · Score: 2, Insightful

    ...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?

  9. Good news by DarkBlackFox · · Score: 2, Insightful

    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.

  10. MS by pnix · · Score: 2, Insightful

    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!

  11. That big a deal? by Xentax · · Score: 2, Insightful

    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

    --
    You shouldn't verb words.
    1. Re:That big a deal? by Rude+Turnip · · Score: 5, Insightful

      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.

    2. Re:That big a deal? by VGR · · Score: 2, Insightful
      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.

      --
      The Internet is full. Go away.
    3. Re:That big a deal? by GooberToo · · Score: 2

      Yep! With the sole purpose of creating incompatibilities thus fragmenting and/or destroying Java's momentum.

      And as usual, MS is left to take a bow for screwing the consumer, smiling all the while!

  12. Good! by mhore · · Score: 3, Interesting

    At the risk of being redundant, I've just got to say that I'd much rather have like, Sun's or IBM's Java package than Microsoft's.

    Since Java is not Microsoft's product, it only makes sense that PC manufacturers should be the ones distributing it by default (if they see the need).

    Mike.

    --

    Mmmm......sacrelicious.

  13. Re:Hate to say I agree, but... by Anonymous Coward · · Score: 5, Interesting

    So far in history there is little evidence that anything BUT regulation will solve the problem of a single company getting too powerful.

  14. They're right, there should be no *legal* requirem by numbski · · Score: 4, Insightful

    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.

    --

    Karma: Chameleon (mostly due to the fact that you come and go).

  15. Re:Hate to say I agree, but... by Anonymous Coward · · Score: 5, Insightful

    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.

  16. WTF? by OptimoosePrime · · Score: 2, Insightful
    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.
    --
    796F75617265616E65726400
  17. Jumbo Java by spector30 · · Score: 2, Insightful

    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.

    --
    If Darwin was right, you'd be dead by now.
  18. Moot point now, but Microsoft remains unpunished by deanj · · Score: 5, Insightful

    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.

  19. it doesnt matter anymore by rexguo · · Score: 3, Informative

    Well Sun has finally figured that it's futile to force M$ to include Java with its OS and has done a great job convincing the major PC makers to include Java instead. With the new logo and new website www.java.com designed for the average joe, Sun has finally decided to do something about its branding, and making Java a household name. The Christina Aguilera (sp?) promo was a smart move in collaboration with Motorola, but I feel the handset design was a disappointment. Sun may have lost the desktop war forever, but its enterprise presence (J2EE) is strong despite .NET's aggression and its mobile presence (J2ME) is way-ahead of WinCE/Windows Mobile. Nokia's debut of the first MIDP2 phone (6600) is a great win at this year's JavaOne. With its share prices dropping ~92% in 3 years, it's now going to be make or break for Sun.

    --
    www.rexguo.com - Technologist + Designer
    1. Re:it doesnt matter anymore by dthable · · Score: 2, Funny

      The Christina Aguilera (sp?) promo was a smart move in collaboration with Motorola

      Ugh! I feel so dirty as a Java developer. Time to switch to .Net.

  20. Challenge by tomstdenis · · Score: 2, Funny

    Find 10 suits who know the diff between MS and SUN Java and I'll give you 100$ [subject to my approval]

    Tom

    --
    Someday, I'll have a real sig.
  21. Re:Interesting company choices by notque · · Score: 2, Insightful

    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.

    --
    http://use.perl.org
  22. Re:even SCOTUS can be influenced by Anti+Frozt · · Score: 2, Insightful

    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

    --
    In C++, friends can touch each others private parts.
  23. I have mixed feelings. by foxtrot · · Score: 3, Insightful

    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

    1. Re:I have mixed feelings. by anshil · · Score: 2, Insightful

      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?

      --

      --
      Karma 50, and all I got was this lousy T-Shirt.
    2. Re:I have mixed feelings. by j3110 · · Score: 3, Interesting

      Well, the problem was going to be Microsoft shipping their technology for free, and no competition (IE, they were going to do the same thing they were doing to netscape). They are going to ship .Net runtimes, and then all the programers have one extra reason to program for .Net that they don't Java, which tilts the scales of fair competition toward MS. That's what this case was about.

      The other cases in the past were about MS shipping broken versions of the JRE that actually caused Java more harm than good. SUN had an agreement with MS a long time ago to let them continue shipping theing JRE because MS clients were reliant on their JRE at the time (but that didn't change because MS didn't give them any incentive to change until .Net). Now that things have changed (.Net) it would follow that MS clients would no longer need the JRE MS ships.

      When you combine these two arguements, the logical arguement is to A) prevent MS from shipping .Net with the OS (like they were going to do with IE), or B) force them to include competing products (maybe they should have to include perl and python as well?). Either way, it stems from MS's verticle integration in the marketplace giving them an unfair market advantage. If they can hook you on one product, you have to run every peice of the MS puzzle. Java threatens this domination by allowing third party developers to write programs that will run on hardware and operating systems that the developer couldn't have even imagined. This makes software completely unreliant on market fads, and the software improves with the OS, JRE, and hardware. Java doesn't care if you are using MySQL or MSSQL, it's all the same.

      This scares MS a lot, which is why they wanted to mutilate it from the start. If they have control of the VM, they can always make it preform better on their OS and hardware. SUN hasn't taken advantage of Java like this (thus Java on Solaris is horrible compared to windows).

      Basically, this ruling is saying that it is OK for MS to ship products with their operating systems without including 3rd party competing products. It's a complete reversal of the Netscape issue that lead to a government investigation and almost a break up of the MS company. What was wrong before the monopoly investigation (or before Bush took office, your choice) is now just fair trade.

      --
      Karma Clown
  24. Keep Java Pure by Cloudgatherer · · Score: 5, Insightful

    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#).

    1. Re:Keep Java Pure by Spirald · · Score: 5, Insightful

      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.

  25. It's still about the antitrust remedy by kremvax · · Score: 5, Insightful

    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

    --
    --- Little Atomo - The Amazing Thinking Robot from Atomocom! http://www.youtube.com/watch?v=GIP9KisHi4k
  26. No Suprise OEMs Bundle Java by MikeD83 · · Score: 5, Insightful

    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.

  27. Why For M$ to include Java? Even playing field by MidKnight · · Score: 5, Insightful
    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
  28. I think... by qorkfiend · · Score: 2, Interesting
    the original ruling was meant to prevent Microsoft from deliberately breaking its JVM, defeating the cross-platform goal of Java and preventing large-scale Java development on Windows.

    From the article...
    "Jim Desler, a Microsoft spokesman, says the move relates to its January 2001 legal settlement with Sun, which Microsoft says bars it from making any changes to Sun's underlying Java programming code after next Jan. 2, 2004."
    which makes the original ruling sort of redundant. Microsoft can't touch the code any more (unless Sun gives them permission, I suppose), so they can't break it.

    I also enjoyed this:
    "As a result, Mr. Desler said, Microsoft can't provide security updates to its virtual machine, leading to its decision to stop supporting the software, though it plans to help customers migrate to alternate solutions."
    Since when has MS been overly concerned with security updates? Oh, and the "alternate solutions" - .Net.
  29. Re:Hate to say I agree, but... by geekee · · Score: 2, Redundant

    "Maybe we should ask Microsoft why they felt that IBM, who was working with Linux, should be required to ship Windows, a competing product, with their systems?"

    MS didn't use the govt. to do this. They merely negotiated a contract. Sun on the other hand, thinks it right to get the govt. to point a gun at a competitor to get what they want. There's a big difference.

    --
    Vote for Pedro
  30. Re:even SCOTUS can be influenced by jedidiah · · Score: 2, Insightful

    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.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  31. The Contrary View. by Yaztromo · · Score: 5, Insightful

    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.

  32. wasn't the MS java "extended" java? by dirk · · Score: 3, Informative

    Maybe my memory is slipping, but wasn't the original problem that the MS version of Java had extra features that only worked on their version? It was compatible with regular Java, and would run all regular Java apps, but it had "extra features" that programmers could use that would make the Java app only work on their JRE. If this is truly the case, why would they have to include Java at all? They were originally told they couldn't ship their Java because it was "broken" (which having extra features is far from broken, not fair maybe, but not broken). So they decided not to ship a JRE at all and Sun sued because they weren't distributing Java at all. It seems when they were distributing a version of Java (although an "extended" one) Sun said don't do that. then when they decided not to ship Java if they couldn;t ship their version, Sun said they have to ship Java. They can't have it both ways. If MS's Java was compliant with the standards, but had extras, it was completely acceptable.

    --

    "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    1. Re:wasn't the MS java "extended" java? by AndersDahlberg · · Score: 2, Insightful
      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.

  33. A lot of antitrust ignorance by Ath · · Score: 5, Insightful
    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.

    1. Re:A lot of antitrust ignorance by Ath · · Score: 4, Insightful
      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.

    2. Re:A lot of antitrust ignorance by Ath · · Score: 2, Insightful
      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.

  34. Excellent by Jack+Comics · · Score: 2, Interesting

    As far as I am concerned, this is an excellent thing. I have not used any variation of Java in four years now. I use Windows 2000 Professional as my main operating system at home, and have Microsoft's Java VM completely disabled, as well as any and all scripting support for Java. I also have no other version of Java installed as I make sure everything I download doesn't include Java, so my system is effectively Java-free.

    IMO, Java is extremely slow and very much open to exploits, to the point that I feel it is absolutely useless to implement. If a web site I visit requires it, then I just move on to a different web site without giving a second thought.

    --
    "We are all in the gutter, but some of us are looking at the stars." - Oscar Wilde
  35. wrong? you must live in an ideal world by Harbinjer · · Score: 5, Insightful

    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.

  36. OMFG SUN JAVA IS FREE! by Anonymous Coward · · Score: 2, Insightful

    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

  37. Such a poor decision ... by Usagi_yo · · Score: 2, Informative
    Alot of the people happy with the new decision have it wrong.

    Microsoft wasn't being forced to carry Sun Java because Sun Java couldn't compete.

    Microsoft was being forced to carry it as a remedy of past anti-trust practices of embrace, extend, then obscure.

  38. Hmmm...more "no teeth" responses for the monopoly by jav1231 · · Score: 2, Insightful

    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. >

  39. If I understood the original idea correctly... by jd · · Score: 4, Interesting
    The idea was that:
    • Microsoft wrote a crippled version under the Java name, which Sun sued over (and won)
    • That they then renamed their "Java" (amongst other things) that, in effect, created a blockade, preventing Sun from reaching the Windows market
    • That Microsoft, as a de-facto monopoly, had certain duties and obligations in allowing competition, which would not normally exist in a genuinely free market
    • That Microsoft had a past history of "knifing the baby" (their words, not mine) when it came to competitor's products - using their enormous capital and userbase to exterminate products that competed with their own
    • That Microsoft - already developing their .NET product - was acting in a manner that would make alternative products impossible, and were likely (based on past experience - re: DR-DOS) to make Java actually impossible to run, whether consumers wanted it or not


    On the basis of all these points, it would be a perfectly normal, natural, sane reaction to say "hey, you can't do that!". The Libertarian view of zero (or near-zero) Government only works if one person doesn't have absolute 100% control over the desktop, the OS, the hardware (they tell Intel what to build!), the API, 95-98% of the consumers, and enough money to buy out dissenters if they somehow survive all of this.


    When someone has absolute control of 5 markets and has declared intent to obtain monopoly over 5 more (portable code, wireless, TV, servers and ISPs), fair competition doesn't exist. Competition in any sense does not exist.


    Should Microsoft actually acquire monopoly status in all ten industries, then Microsoft will be the only voice you will ever hear. Dissent could only be expressed via a Microsoft product and, as such, be eliminated.


    Think about this, for a moment. Microsoft has violated anti-trust laws, been found guilty, continued to violate those same laws, and the States that haven't settled yet are (despite having enough evidence to fight on) unable to do so. Why? Because you can't fight City Hall - when it's a partly-owned subsiduary of a corporate giant.


    We need to remember that this is NOT a typical case. The precedent is unlikely to reoccur even once in the next 300 years. There has never been a power in the US this absolute. This isn't about Us VS Them, or Govt VS People. This is about whether the Right To Choose ANYTHING AT ALL will still exist when 2010 comes round.


    The use of a monopoly in one area to create a monopoly in another is illegal. The use of FIVE monopolies to slowly engulf the entire field of technology should be no more acceptable. It's not as if it's any better!


    People have tried protests. They've tried civil disobedience, even. However, Microsoft aren't a threat to human life, so you can't really call out the National Guard. Libertarians would have us believe that guns can protect our rights. But no gun in the world will protect you against a corporate entity that spans the globe, the minds of people, and even the fabric of our lives.


    There's nothing we can do to stop the rot. The only people who can are the judiciary, because that is what the judiciary is there for. To stop evil that cannot otherwise be touched. To act as a last-ditch defence against things that can escape or evade every other protection we, as individuals, can place in front of us.


    We HAVE to rely on the legal system, because the legal system is the only thing we have left to rely on.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  40. Even more important by poptones · · Score: 4, Insightful
    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.

  41. Not "extended" Java -- "Replaced" Java by linuxwolf · · Score: 2, Insightful

    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.

    1. Re:Not "extended" Java -- "Replaced" Java by mczak · · Score: 2, Insightful

      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).

  42. Because they're Monopolists by burgburgburg · · Score: 2, Insightful
    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.

  43. Whizzle. Fizzle. Bang. by c0d3fu · · Score: 5, Interesting

    Anyone here surprised? It is difficult to hold Microsoft and hundreds of other M.N.C.'s accountable for their actions as they are having to conform to the rules of individual countries less and less.

    Corporations have become world-wide economies in and of themselves; of the 150 largest economies in the world, 97 are multinational corporations! Their influence upon important governments world-wide is steadily growing as they amass tremendous amounts of wealth and influence. Governments fear cracking down on them for fear of economic and political repercussions. In the last 30 years, new supranational authorities have emerged worldwide; big global players that carry tremendous capacity for power. Microsoft, though off to a poor and late start in this arena, is one of them.

    A software producer can write whatever it wants into its operating system and it is perfectly legal. Though it sounds dreadful, Microsoft advertising its own services in Windows is a huge mistake on the part of the corporation - it will turn large number of people off. That's part of the reason all the .NET promo died off. Competitors such as OSX, Lindows, and Red Hat will gain ground from such nastiness.

    It is easy to criticize Microsoft. Keep in mind that Windows is a standard, something desperately needed in a world with hundreds of different programming languages, operating systems, and a plethora of different types of hardware and (OMG!) media storage out there. Take Sony for instance. Sony uses Stick Media not because it is better, but because it is non-standard and they can charge mucho dinero for it. They could have easily conformed to a standard media with a dozen other companies if it economically beneficial. Granted, everyone is conforming to Microsoftâ(TM)s standards, but itâ(TM)s better than another long-standing war of software standards such as that between IBM-Compatibles and Apple Computers. Even Linux doesnâ(TM)t even conform to a set of unified standards (though United Linux will theoretically change that).

    Microsoft needs reform. It will be difficult to force it to do so, as it has a tremendous amount of influence. Ideally, a global standard operating system needs to be developed. We need a U.N. resolution. :)

    --

    [c0d3fu]: jwjb62@umr.edu || james@macrohub.com
  44. Java not the issue by TheNinthAttempt · · Score: 2, Insightful
    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.

  45. Re:Hate to say I agree, but... by Zeinfeld · · Score: 2, Insightful
    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.

    --
    Looking for an Information Security student project suggestion?
    Try http://dotcrimeManifesto.com/
  46. There's a much larger problem here than just Java by Matt+Ownby · · Score: 4, Insightful

    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?

  47. Re:Hate to say I agree, but... by JimmytheGeek · · Score: 4, Insightful

    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.

  48. Avoids VM conflicts by TheConfusedOne · · Score: 2, Interesting

    I think you need the separate VM or at least separate out memory spaces to avoid potential object conflicts.

    Say you have an applet that uses a Singleton type object in the core VM. So, you're counting on this one instance and probably are setting values on it. (Oh, let's say the System.properties object as an example.) Now along comes another applet that wants to load in it's own set of properties to work with. Obviously you both expect things to remain the way they are and changes could be quite "interesting".

    So, there are definitely some implications behind running multiple applets/applications in the same VM beyond mere RAM.

    --
    --- I wish I could hear the soundtrack to my life. That way I'd know when to duck.
  49. Who pointed the gun first? by TheConfusedOne · · Score: 2, Insightful

    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.

    --
    --- I wish I could hear the soundtrack to my life. That way I'd know when to duck.
  50. DC Circuit Court by raistphrk · · Score: 3, Informative

    I'm not quite sure why anyone would want to sue Microsoft in a federal court under the DC Circuit Court of Appeals. Microsoft WILL win the case, regardless of its merits. Microsoft has dominated that Circuit Court; the judges have such a bias in favor of Microsoft that you're practically shooting yourself in the foot by using said district. You sue, perhaps win, perhaps lose, the case goes to appeal, and you DO lose. And given the Supreme Court's unwillingness to review cases, that pretty much puts an end to your action.

    A better strategy is to sue in a court under the juristiction of the Ninth Circuit Court of Appeals. The Ninth has repeatedly shown technical know-how and a willingness to embrace and extend technology, though certainly not in the Microsoft sense. The bottom line is, don't sue if it's obvious you're going to lose from the start.

  51. Irrelevant by BennyTheBall · · Score: 2, Interesting
    Am I the only one who sees this as irrelevant?.

    For users; Java applications are not so common that the average user will miss having a JVM preinstalled in the system. Flash, JavaScript, ShockWave and similar technologies have been pushing applets away from the web scene for some time now. For someone who wants/needs to run Java apps, downloading and installing the VM is a very straighforward process. If someone wants to make and distribute a mainstream java application, then they'll have to deal with the fact that the app will require a JVM and solve the issue (bundle it with the program or something)

    For the Server market: At the moment java is mainly targeted at the server market. If someone is going to develop J2EE applications, the fact that Windows doesn't ship with a JVM is not going to stop them (Plus, Windows servers running J2EE applications is a very rare setup)

    For Developers: If you are into Java development, the least of your worries would be getting a copy of the JVM, plus its always easier and more convenient to use you own Java installation than using the one that used to come with Windows (IMO).

    Agree, Its Sun's job to promote Java. MS shouldn't be forced to ship it. Even with the legal history that imposed it on Microsoft; the Java in the browser issue is not that important now, and it wont be untill sun comes up with something to make java more useful in desktop/browser arena. I hope they do

  52. Re:Hate to say I agree, but... by Anonymous Coward · · Score: 2, Interesting
    An Anonymous Coward wrote:

    T. Roosevelt and friends did the right thing when they acted, however I think they would have done differently if someone were, say, GIVING AWAY FREE OIL. Don't you?


    I don't think you really understand antitrust laws. If T Roosevelt and friends saw a huge oil company with a virtual lock on the market giving away free oil just to drive competing oil companies out of business of course they would not have done differently. Product dumping like that is a classic tactic of large operations trying to drive smaller outfits out of business. It is one of the things that has made Wal~Mart so successful. A Wal~Mart will move into an area where there is not already a Wal~Mart (is there any such place?) and charge very low prices so that everyone goes there to shop. They make no profit while doing this, but they have the resources of the large organization behind them whereas the local operators only have their local profits. After draining away all business in the area until the Wal~Mart is the last man standing or at least until people are used to shopping at the Wal~Mart, they slowly raise the prices back up to more profitable levels.

    Wal~Mart was just an example. Home Depot does this too. Pretty much all large chain stores do it. The smaller stores have no chance against that sort of tactic. And, once the large chain stores have crushed most small competition, the largest will use those same tactics on other large chain stores by lowering prices in all places where the larger chain and the smaller one have locations.

  53. MS must undo the damage it has done to Java by wukie · · Score: 3, Interesting

    How else will people actually see that Java works, and it works well if they are NOT stuck with Microsofts pathetic implementation. Certainly Java has flaws (which are usually bypassed) but some "write once, run on any platform" is better than none.

    Java is Sun's contribution to computing, and it is on par with Xerox's GUI and Mouse, Apples multimedia in a desktop and Microsoft's Office.

    Millions of developers want to take the next step with Java, but Microsoft is intentionally hold them back from over 90% of users and trying to push it's C# language to further isolate all competitors (Linux, BSD, Solaris, AIX, ONX, MacOS, etc.) from the market.

    The sooner this situation is rectified the better!

  54. Re:There's a much larger problem here than just Ja by Richard5mith · · Score: 2, Interesting

    That doesn't solve the problem. You'd always get somebody who said they'd been left out. Opera would complain that only IE and Mozilla were in there for example.

    You'd also get the Linux effect. Install most distributions these days and the menus are littered with duplicate programs. Two FTP programs, two browsers, three MP3 players. It's a nightmare for the consumer. They just want one, not a whole bunch. Most consumers (and I'm saying "most" here, not necessarily the people reading this) want the OS provider to make that choice for them. They don't know the differences between browsers, they just want something to show webpages. Tabs, type ahead find etc etc don't make much difference to them.

    The basic fact is that for the majority of users, IE and Windows Media Player work just fine. I never have any issues with either, and I've happily used IE since version 4, when I switched over from Netscape. Why? It was a better browser. Not because it was included with the OS. YMMV, but for me, Netscape sucked from the moment I started using IE4.

    If these products were really terrible, I, and everybody else out there would be actively looking for a replacement. But right now, nothing is offering me a better alternative. Quicktime doesn't support as many formats and has a bad UI, Real likes sticking programs in my registry that launch on startup (a big evil NO to that) and Windows Media Player lets me give it a standard looking UI (I hate skins) and does the job I want it to do. Same with IE. It browses web pages. It does it quickly. It doesn't crash. Mozilla isn't giving me any reason to switch, so I don't. Tabs are unnecessary on Windows (it's just like another taskbar after all) and there's no single other feature that is a compelling reason to give up IE. Unlike on the Mac, where I was happy to start using Camino instead of IE (before Safari came out...).

  55. I wonder how long... by desau · · Score: 2, Funny

    >Fortunately, Dell and HP, the top 2 PC makers, have >already decided to ship Java on the PCs that they >sell. I wonder how long it will be until Microsoft says to Dell and HP: "If you're going to include Sun's Java, you'll have to pay full retail for every copy of Windows you sell."

  56. Options would be better by wukie · · Score: 2, Interesting

    At install time, people should be given options and a thorough explanation.

    Example: Opera will allow you browse the internet in the same way Internet Explorer....blah blah blah...and will not hinder nor interfer with Internet Explorer in any way.

    Installing every competitors applications would cause some serious bloat on an already bloated OS.

    Users should still be able to go back to the original install disks to ADD apps such as Apple's Quicktime.

  57. This is good for Java by DunbarTheInept · · Score: 2, Insightful

    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.

    --

    Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  58. MS extensions excluded competition by wukie · · Score: 2, Insightful

    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!

  59. Re:Hate to say I agree, but... by The+Vulture · · Score: 2

    I'm sorry, but I must disagree.

    A proper punitive measure would be for Microsoft to have to stop shipping their incompatible VM (which they have done), and a cash settlement of some sort (maybe a lump sum, plus a percentage of Visual J++ profits?).

    Bundling a competitor's product forceably provides an unfair advantage for that competitor (Sun in this case). What if there was another company that made a Java Virtual Machine that was also harmed by Microsoft's acts? (Okay, there isn't, but let's suppose their was.) Shouldn't we include their VM as well, or give them some compensation?

    Typically in criminal offences (which is your example), people are jailed because there's no real way that they can provide restitution. There's also no real competitor of the criminal, in the sense that nobody else directly benefits (well, okay, maybe the extra crowbar clockers find more victims because one of their cohorts is off the street, but that's not really the point).

    -- Joe

  60. Re:Hate to say I agree, but... by Kohath · · Score: 2, Interesting

    In a company town, you can quit and move away.

  61. Insightful my ass by ShieldW0lf · · Score: 2, Insightful

    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.

    --
    -1 Uncomfortable Truth
  62. Re:Hate to say I agree, but... by Gherald · · Score: 2, Funny

    I mod you +6...

    Is that like one of those D&D superweapons?