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Sun and Microsoft Settle Litigation

spurious cowherd writes "According to The Register Sun Microsystems & Microsoft have reached a settlement in their several lawsuits aainst each other. Sun gets $2B and both parties agree to share intellectual property." There's a press release to read as well.

37 of 427 comments (clear)

  1. Two things stand out by Space+cowboy · · Score: 4, Insightful


    1) MS is *not* pledging to keep Java up-to-date on the Windows platform, which basically means that applets like mine (see sig) have to use Java 1.1 and nothing higher. Sure, people can download the Java plugin, and lots do, but more don't. On a casual visit to a website, no-one will go through the rigmarole of downloading and installing the latest Java, just to see your applet...

    2) I'm a bit concerned about the "As a result of this agreement, Sun and Microsoft engineers will cooperate to allow identity information to be easily shared between Microsoft Active Directory and the Sun Java System Identity Server" part. The single-signon used to be limited to MS-only platforms, now it has the capability to reach into linux-server land :-(

    If I were being really cynical, I might conclude that MS had spent $2B of it's ample reserves to purchase an extension of single-sign-on into unix (linux and solaris) territory at a time when Sun needed cash.

    It might just slap the EU back into line a bit as well, considering that MS will *spend* $2B to *possibly get* an advantage. What was that fine again ? (Yes, I know about the other measures, but you can only respond with what you have, and MS has loads of cash)

    Simon the cynic.

    --
    Physicists get Hadrons!
    1. Re:Two things stand out by Anonymous Coward · · Score: 1, Insightful

      Yeah, right. What I get is a 1.7Mbyte download, followed by a dialogue box saying 'It is highly recommended that you not install and run this software'.

      I think I'll stick to the applet.

      Simon.
      (Posted no-karma, etc...)

    2. Re:Two things stand out by AKnightCowboy · · Score: 0, Insightful
      1. Go here. 2. After you come back, click on this link: Launch Now!.

      That's better than applets?? Camino downloaded some .jnlp file that I had to manually execute and it started Java and executed something and started downloading jar files from that web site. Then an app window popped up warning me about how your java app is trying to gain unrestricted access to my computer and network! Of course I clicked exit since this is what the warning recommends. How about everyone stop writing in Java period and just use perl or php? Java sucks.

    3. Re:Two things stand out by Anonymous Coward · · Score: 1, Insightful

      In the highly-developed world that I (and probably you) live in, fast net.access is commonplace - I've had 2mbits to my house for ages now.

      The problem for my applet is that it's a worldwide thing - I want it to be accessible without *any* large download - there are loads of cities located that are in out-of-the-way places where it's almost certainly dialup access only.

      As for point 2, settling a lawsuit sometimes has strange results, and it might have been possible for Sun to wring out support for the 'current' VM , or a bundle, or something. The tone of the story-post and the Register article was that Sun had won and MS lost. I'm not so sure that's the case...

      Simon.
      (Posted no-karma, etc. etc.)

    4. Re:Two things stand out by thegrommit · · Score: 4, Insightful

      Applets? Thankfully this will hopefully kill them. What worries me is this:


      Microsoft Communications Protocol Program: Sun has agreed to sign a license for the Windows desktop operating system communications protocols under Microsoft's Communications Protocol Program, established pursuant to Microsoft's consent decree and final judgment with the U.S. Department of Justice and 18 state attorneys general.


      Who knows what changes (i.e. restrictions) Microsoft is going to make to their protocols in the future. While the likes of Sun will have the right to use those protocols, what effect is this going to have on open source projects which don't have the ability to purchase a license?

    5. Re:Two things stand out by Bas_Wijnen · · Score: 3, Insightful
      most web designers actually care about cross-platform capability

      Strange, I would expect web designers who care about that to at least follow the w3c recommendations. However, I hardly see any website that does.

    6. Re:Two things stand out by Anonymous Coward · · Score: 2, Insightful

      Would this be one of the reasons why Sun decided not to make Java open
      source?

      For more especulation: were the negotiations already in an advanced state,
      and having java open source could be interpreted as a hit to MS, impairing
      any agreement?

      Or the opposite, the manace of having java open source may have helped in
      catalysing a settlement...?

      On the other hand, if there is indeed this (so-called) "peace", could Java
      itself become the very "direct"-connection between both operation systems?

      I think this article gives us some food for thought.

    7. Re:Two things stand out by Trepalium · · Score: 3, Insightful

      Don't bother. There's likely only one reason why Microsoft wanted Sun to sign up. That is, so Microsoft can claim they're no longer an abusive monopoly by showing a nice big list of people who've signed up for the program. Up until recently, it's only been Microsoft partners who were pressured into signing up, this is probably the first competitor to sign up (as long as you ignore the fact it was via a lawsuit settlement).

      --
      I used up all my sick days, so I'm calling in dead.
    8. Re:Two things stand out by lordkimbot · · Score: 3, Insightful

      I just watched the two of them tongue kissing on CNBC Power Lunch. 'Intellectual Property' seemed to be the read-between-the-lines catch phrase.

      The SCO effort is losing steam. Get ready for round two from these two. 'The enemy of my enemy' seems to be the new mantra for Sun and Microsoft.

      What a bizarre, ominous TV moment. The EU decision against Microsoft probably helped this little love fest along.

      Linux questions were raised by CNBC staff and brushed off by Scott and Steve flush with their new fling and trying to really pull off the new happy friendly butterfly-kinda-guys.

      --
      sig mind freed
    9. Re:Two things stand out by ThePorkHawke · · Score: 4, Insightful

      Could there possibly be a more inappropriate rating for the parent post, "insightful" ?? How about uneducated, jump-to-conclusion, does-know-what-he-is-talking-about or possibly troll. What idiotic moderators labelled the parent insightful? Do you have any idea what you are talking about? If not, I suggest you simply refrain from moderating and let the people who have a clue moderate.

      You are running an application. Applications that do more than throw up hello world often need to be able to access your hard drive, or access your network. ActiveX controls don't even bother to warn you, they hapily take over in the name of "convinence" Now we have spyware all over the place becuase of those idiots.

      Would you rather the application used your hard drive and network without telling you? I suspect you would, since you would not have thought about it at all. Yes, you would have happily examined databases never giving a though to the fact that this meant the application was accessing your network. You seem shocked because the application was honest about what it was doing, you would rather stick your head in the sand and pretend that your machine and data are safe no matter what you do.

      Webstart follows good strong security guidelines, like the Java platform itself. This is a good thing. You should take this oportunity to think about what an application needs in order to function. If you trust it, you should give it that access, if not, you don't. Webstart gives you that choice and is very up front about it. Webstart cares about your security, thats why it gave you that warning. I do not know of any competing platforms that come anywhere remotely close.

    10. Re:Two things stand out by spacecowboy420 · · Score: 2, Insightful

      Those that think Java sux are probably using it for applets and such. As a developer in a Java environment, I believe your points about java on the web - for mass consumption - are correct. The way we implement java is as a cross platform application, which would be difficult to implement in another language. Our application has to be able to talk to windows, Solaris, and Linux - it would be murder to do in another language without serious hoop jumping, as it stands I can build a cross platform installer that comes packaged with our own custom vm without interaction from the user other than the installation dialogue a user is accustomed to with any application installation. This leads me to believe Java has real value if implemented correctly - the option to build applets is just the icing on the cake and not representative of the full capabilities of Java. Use it for real work and not cute web thingies and you will see how cool Java is. As far as not being open source, it really is not that big of deal except for ideological reasons - Java is supported by their own community in a very efficient way. Don't be so quick to judge based on one pain in the ass implementation. Java IS the future.

      --
      ymmv
    11. Re:Two things stand out by Anonymous Coward · · Score: 2, Insightful
      Sounds like we're witnessing the last-stand of big-money software.

      Everyone else, even IBM, realized that you have to add value to make money in the software industry as the core pieces become commodities.

      Especially with the resouces freed up of zillions of software layoffs, much software (especially 30 year old software like operating systems) truly is a commodity at this point.

    12. Re:Two things stand out by Endive4Ever · · Score: 2, Insightful

      Cash rich companies with low stock prices are vulnerable targets for hostile takeovers. Or am I wrong on some of the particulars in this instance?

      --
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    13. Re:Two things stand out by Anonymous Coward · · Score: 2, Insightful
      Most of what happens in the computer industry is affected by a handful of big players. Microsoft, IBM, the Kleiner Perkins portfolio (AOL/Netscape/Sun/Google/etc).

      Intellectual property partnerships from the last two companies (msft, sunw) who's sales are dependant on operating-systems intellectual property isn't any sort of paranoid conspiracy theory. It's a monumental step in the consolidation of power in systems software.

  2. The disparity of timelines by LetterJ · · Score: 5, Insightful

    The disparity of timelines between activities in technology and those in court is staggering. If you look even just at this case and the anti-trust case against Microsoft, they're still arguing about issues in court that have pretty much been steamrolled by technology. As a result, the settlements and results are less than satisfying for anyone other than the lawyers. I mean, Sun and Microsoft have been fighting about this for several years. By now, anyone needing to use a JDK on Windows has set up methods for making sure it's there, and Microsoft has done their entire .NET strategy.

    This is almost like divorce arguments where people fight over furniture even though both sides have long since replaced the disputed furniture. When it's over, all that happens is that someone now has a couch they don't have room for.

    1. Re:The disparity of timelines by Total_Wimp · · Score: 5, Insightful

      Damn, I wish I had mod points. This is the main problem with our courts in the age of the internet. Microsoft knows good and well that they can:

      1. Do anything they want, regardless of legality
      2. Use that "anything" to maintain their Monopoly, thereby continuing to collect ~10 billion a year for Windows and Office
      3. Drag out the resulting court action for enough time that the technology their "anything" competed against is dead.
      4. Settle the court action in a way that doesn't hurt their Windows or Office monopoly one bit, but that gives what looks like a windfall to the dead technology.
      5. Promise they won't do it again.
      6. In fact they never will do it again (on that same technology wink, wink).
      7. Start the process over with a new technology.

      Pennfield Jackson recognized this and described it very well in his judgment. He called it the "application barrier to entry". He didn't give much stock to the browser that was dead, Netscape, but instead described that the process of destroying Netscape was maintenance of Windows and Office.

      If Jackson were to see the EU ruling, he would immediately dismiss any possibility that media players even matter and hone in on the fact that by getting a hold on the media player market, Microsoft helps ensure Windows dominance. By dragging this out in the court Media Player will have its chance to dominate, possibly past the point of no return, to the point that MS could care less about a tiny .5 billion fine. Even if they lose, because the process has taken so long they will have more than a chance to win in the end. They will win for Windows sake, because none of those Windows Media DRMed files are ever going to play on Linux, or Mac, or any other platform people might have otherwise been willing to run.

      Sun: It's gone through the whole process. Java has been slowly dieing on the Windows platform and will be replaced by .Net for "mainstream" web sites. Microsoft will have ensured that your next computer purchase will have Windows pre-installed so you can run IE and properly use that .Net site. MS gets more than ~10 billion a year due to your purchase of Windows and they will have bought this for only ~2 billion dollars over ~5 years. Not a bad investment at all.

      MS has truly learned how to "lose" these court cases and dance in the street at the condolence party.

      TW

    2. Re:The disparity of timelines by Total_Wimp · · Score: 2, Insightful
      There are still people like you out there who will cite Penney Jackson with a straight face?
      Read the findings. It's a very lucid document that explains just what Microsoft gets in return when it gives a browser away for free or "improves" an implimentation of java. Jackson deserves much more credit than he is generally given.

      He shouldn't have talked to the press, but that doesn't make his findings stupid. In fact, they were so well regarded that the they stood on apeal, even though his judgement didn't.

      TW
  3. Re:Does this mean Sun will be profitable this quar by Kenja · · Score: 4, Insightful

    Microsoft dammaged Sun with MSJava, Sun sued to stop it. Sun won and Microsoft started shipping Sun Java. Sun sued to stop that as well. Microsoft shipped no Java, this hurt Sun more then MSJava and was Suns own fault. Sun didn't know when to stop, there was a point where all was well and Microsoft was shipping the right product. Ah well.

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
  4. Re:Helps, but Sun is still hurting. by Ryosen · · Score: 3, Insightful

    Sun's death would not take Java with it. Quite the contrary, it might just free it up. As for being the only one in the virtual machine market, there are several other companies that produce virtual machines for Java. IBM is one such example, offering both stand alone and clustered VM's. There are several other 3rd party VMs as well as some open source ones.

    And, with complete sympathy to those who use Java for developing applets and lament MS' continuing lack of support in their browser, Java's strength, both on the functional and marketable fronts, is on the server-side. Microsoft is still a long way from conquering the middleware/application server market.

    --

    Ryosen
    One man's "Troll, +1" is another man's "Insightful, +1".
  5. In other words... by kclittle · · Score: 4, Insightful
    ...Microsoft wins again.

    Think about it; think about how little $2B is to MS, compared to 10 years with no harassment from Sun.

    William Henry Gates III is the greatest capitalist tactician since John D. Rockefeller. I do not see that as necessarily positive. But, damn, he can sure play the game.

    --
    Generally, bash is superior to python in those environments where python is not installed.
  6. IBM vs. Sun by Anonymous Coward · · Score: 4, Insightful
    This can't make IBM and HP (if they're still relevant) happy.

    From the press release:
    "Patents and Intellectual Property: The parties have agreed to a broad covenant not to sue with respect to all past patent infringement claims they may have against each other. The agreement also provides for potential future extensions of this type of covenant. The two companies have also agreed to embark on negotiations for a patent cross-license agreement between them. "

    I expect Solaris10-patent/Linux lawsuits to follow. With the MSFT involvement, I think Sun's the next SCO.

    1. Re:IBM vs. Sun by drzhivago · · Score: 5, Insightful

      Cross-licensing patents is a common occurrence between technology companies. There really isn't anything unusual there, I think.

    2. Re:IBM vs. Sun by tanguyr · · Score: 4, Insightful

      Cross-licensing patents is a common occurrence between technology companies. There really isn't anything unusual there, I think.

      It's about which specific two companies we're talking about.

      If IBM and HP announced a deal like this, the spin would be "industry giants unite behind linux and open source". Sun and Microsoft have at least one thing in common: they are both threatened by the rise in visibility of linux/open source solutions of late.

      Going back years now, Microsoft has had its eyes on the server side of the market - pushing NT against a fragmented Unix marketplace (Solaris, HP-UX, AIX, etc etc). The threat from Linux wasn't people switching NT -> Linux, but rather people switching proprietary unix to Linux in stead of unix to NT. Whether Linux (or any other open source operating system) will become a threat to Microsoft on the desktop remains to be seen, but i guess they're giving the matter some thought.

      Meanwhile, Sun is having a hard time selling costly upmarket solutions to customers who keep hearing that "free" software and inexpensive hardware can deliver just as well (i'm not saying this is true, i'm saying this is what the Sun sales guy keeps hearing from his customers).

      Sun and Microsoft look at the world in much the same way: it's about selling units (as opposed to IBM which sees it as selling service). This is classic "enemy-of-my-enemy" business strategy... we'll have to wait and see how it works out.

      --
      #!/usr/bin/english
  7. Re:Geological process by DAldredge · · Score: 2, Insightful

    They are adding to their mountain of cash at a faster rate then they are taking money out to pay fines/bribes like this one...

  8. Re:Interpretation of PR by gbjbaanb · · Score: 2, Insightful

    I think your points 1 and 2 are not quite right..

    MS gives Sun some cash
    MS gives Sun some loose change it found lying around down the back of BG's sofa.

    Sun helps MS fix .NET and user authentication problems in Window
    Sun accepts that a single sign on is a good thing, ushers in LibertyPassport system....

  9. You Are Open Source Or You Are Owned By The Man by SirChive · · Score: 4, Insightful

    This show us, once again, that Microsoft can and will buy whatever it wants. Sun now lives on the Redmond food chain. They toe the line or, in the end, they die.

    There is only one way to survive against an entity that controls a bottomless pile of cash. That is to NOT be for sale. Any for-profit enterprise, like Sun, is for sale and the Gates machine can buy whatever it wants.

    But Gates and his horde can't buy Linux; they can't buy Open Source, they can't buy Free Software. This scares them and, in that, lies our only hope.

  10. what this means... by hak1du · · Score: 2, Insightful

    Microsoft doesn't just settle for $2bn if there isn't something big in it for them. That's not a matter of money for Microsoft, it's a matter of pride.

    What this really amounts to is that Sun is going downhill fast and Microsoft is effectively buying the assets. Sun gets a $2bn infusion of cash and lays of 3300 people. In return, Microsoft gets cross-licenses to Sun's patents. Why would Microsoft be interested in this? Because Sun has lots of patents on Java and VM related technologies that Sun could use to create problems for Microsoft's C#/.NET effort.

    If it wasn't already clear to you that Sun was an unreliable partner for OSS work, this "settlement" should bring it into focus.

  11. Kiss of Death by phrostie · · Score: 2, Insightful

    Farewell Sun.
    you were not saints, but you will be missed.
    what you did give back will not be forgotten.

  12. Re:MSFT should just buy SUNW by Dolly_Llama · · Score: 4, Insightful
    Good luck getting a majority control for that. A hostile takeover would 1) Spike the stock price inceasing the cost several fold and 2) Draw the ire of renewed anti-trust concerns.

    More interesting is the possible poison pill of Sun fixing .net and Sun selling windows on their opteron boxes.

    --

    Somewhere, something incredible is waiting to be known. -- Carl Sagan

  13. Re:Geological process by mwood · · Score: 2, Insightful

    MS had so much cash that they had to get rid of some of it by declaring dividends for the first time ever, not so long ago. I don't think they have a cash problem now or in the foreseeable future.

  14. Re:EU? by nsebban · · Score: 2, Insightful

    I don't think you can compare this agreement between MS and Sun, with the EU fine.

    In one case, the amount is the result of a negotiation between the 2 companies (which means the solution they agreed on, is the one that fits better to both companies). IMHO, "$2 billion and intellectual property share" is a way to say "Let's try to get rid of these stinky lawsuits, to finally do some business together, and why not inserting Java in MS .net platform, to drag most Java-lovers to MS .net".

    In the other case, it's an unilateral decision of the european law, that is gonna make "jurisprudence" (don't know the word in english, but it's the french word for "now every similar lawsuit will have to take this decision into account, in EU courts").

    --
    ____
    nico
    Nico-Live
  15. Re:MSFT should just buy SUNW by ThaenRT · · Score: 2, Insightful

    Why would MS buy Sun? Sun has virtually Zero technologies that MS would care about.

    thaen

  16. Re:Sun as the next SCO? by CrudPuppy · · Score: 3, Insightful

    Earth to Slashdot readers:

    Sun's Java Desktop that they are so fervently pushing is LINUX based.

    Solaris is a very good OS for servers, but blows for desktops for the most part.

    --
    A year spent in artificial intelligence is enough to make one believe in God.
  17. Re:This is good for Sun by Profane+MuthaFucka · · Score: 3, Insightful

    I'll tell you what I'm smoking:

    I very well could be (neither confirm nor deny) an IBM employee (with a silly nickname, to be sure) who is kept WAY too busy helping my customers ditch their old Solaris boxes in favor of pSeries and xSeries servers running Linux. I don't speak for IBM, obviously.

    Ask yourself this question: In a typical company that has hundreds of applications and hundreds of servers, just how many of them require the supposedly "advanced features" that only Sun can provide?

    The answer is that not many apps require Solaris to run. And the business people are figuring out that even if Linux doesn't have the same feature set that Solaris has, it doesn't matter. They're not using the features anyway.

    --
    Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
  18. Re:This is good for Sun by Endive4Ever · · Score: 2, Insightful

    And it's a truly sad day when people can contemplate IBM killing off Sun Micrososystems as if it would be a good thing.

    IBM is a mean motherfucker. They are the neighborhood bully who happens to have said "that's pretty cool new bike, Linux" because it's a tactful time to do so. When IBM is finished beating up Sun, perhaps IBM will want that shiney bike for their very own.

    But it's fun to cheer them on, for now.

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  19. Well, that's it for Sun. by Codifex+Maximus · · Score: 2, Insightful

    Jump into bed with Microsoft and you get the shaft. Happens every time.

    Sun had a good run I guess.

    --
    Codifex Maximus ~ In search of... a shorter sig.
  20. Re:Geological process by dustman · · Score: 2, Insightful

    MS had so much cash that they had to get rid of some of it by declaring dividends for the first time ever, not so long ago. I don't think they have a cash problem now or in the foreseeable future.

    They didn't "have to get rid of it" because they had too much cash. They issued dividends for the first time because of the inane tax cut on dividends. So, MS could issue millions/billions worth of dividends (which certainly made large holders (ie the people in charge of this decision) a ton of money) basically tax-free.

    But, I agree with your second statement. I don't think they have a cash problem either.