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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.
Doubling your available cash assests (Yahoo Finance) will help, but the company is still bleeding money. (Dropping 3,000+ jobs will also help.) Really what this appears to mean is that Microsoft has put Sun on life support so they don't become the only vendor in the virtual machine driven software development market. Imagine the potential antitrust suit if Java wasn't there to compete against dot Net. Frankly, I think this shows that Microsoft thinks it is winning this battle, otherwise they wouldn't have thrown the bone to them.
Sig under construction since 1998.
Not good for software-patent sanity, open source, etc.
Any general knows that fighting a two front war is a bad thing, and Sun has effectively limited one of the fronts they are fighting on. But, the other front could kill them. IBM has a special mission to kill Sun dead, and they are a formidable foe. With their sweet computers (all of which run Linux) and their low prices, Sun can barely compete.
Sun needed this cash and the break with the fight with Microsoft. But I doubt that in the long run it will be enough. Their Opteron strategy just has to pay off for them if they want to last another 10 years.
Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
$2 Billion is the most that Microsoft has EVER payed out to any company. To reach a settlement like this, they may have future plans to do a lot more with Java. Technology sharing...
-- Len
Microsoft has continuously tried to defeat Linux by forcing features on users that are incompatible with Linux, while Linux produces a workaround or a compatability layer. Well, this would be one less thing to try and workaround.
I don't think this is an advantage for Microsoft as now .NET developers can choose to use hybrid Java/.NET solutions that both do authentication depending on which language is the better choice for that task.
Kinetic stupidity has a new brand leader: Allen Zadr.
I notice a number of people commenting on the balance of Microsoft's cash on hand. I believe that we will witness erosion of the giant rather than the instant destruction. A billion here five hundred million there, a few lost customers, a few governmental restrictions, pressure to give deep discounts they all add up and over time the surplus will erode away. How are they going to fight when they can't throw money at their problems, when they can't afford to take a loss in furtherance of their strangle hold?
i believe the most interesting line is:
Sun is also satisfied that the agreements announced today satisfy the objectives it was pursuing in the EU actions pending against Microsoft.
As Sun was the major complaining competitor in the EU case, this gives M$ a lot of fire support when trying to challenge the record fine. Another indication is the timing: shortly after the EU announced the fine.
Regards, Martin
Even then, they wouldn't be able to force web sites to use it - now without financial incentive. Further, most web designers actually care about cross-platform capability (even if their customers don't).
Just food for thought.
Kinetic stupidity has a new brand leader: Allen Zadr.
I would hope not; but this seems like an interesting fear. Seems Sun is the last Unix vendor left whose strategy is based on a very large R&D investment in a proprietary Unix; and it is in both their interest and Microsoft's for Sun to protect this investment.
Sun gets $2B and both parties agree to share intellectual property
Compare this $2B with the $600M fine levied by the European Union. The difference between the two values is revealing, and can be intepreted in two ways. Either the EU judgement was yet another fudge, and Microsoft have once more got off lightly after being convicted of monopoly abuse.
Or, a large part of the intellectual property sharing is a Java payoff. In particular, Sun may have agreed to waive any complaints regarding the fact that C# is lifted from Java, in return for the large pile of cash.
Personally, I think both explainations are equally probable, and the reality is an admixture of the two.
Tubal-Cain smokes the white owl.
- Applets are one of the worst technologies ever wrought on the Web. ActiveX is about as bad, and Push was bad but at least we didn't have to ever use it. If Applets will now be outdated too, maybe there will be less of them. This is good for Microsoft (less Java) and for Sun (less embarassing Java).
- JVMs change constantly. The JVM I write my app for is probably not the one you wrote yours for. Rarely do people deploy Java assuming it ought to run - they specify a JVM it's intended for, and often demand you install that JVM and point to it for their software. JVMs coexist very peacefully. The point is, there's no sense in Windows shipping with a JVM - you're just going to go around it with each Java product you install anyway.
Now, is this deal is actually good for both companies? Microsoft tends to make a very poor bed partner - they give you sweaty sheets for a few months and then throw everything you own out the window. Just look at how they've turned their backs on nVidia after the Xbox partnership - and Microsoft bashers can provide many more historical examples. Sun will need a very strong strategy that leverages the benefits of the combined technology beyond Microsoft's reach if they intend to gain from this - like the way nVidia used Microsoft's money to launch into the motherboard market.Two points, catered to delivering Java-powered client applications to John Q. Public effortlessly (let's face it; that's what applets did):
Up until now, you could release a Java 1.1.x compatible *application* (no security sandbox) without worrying about Granny Smith even having been able to spell jre when she was downloading. That's a good thing. 1.1.x is plenty to check and see if there's a Java 2 JRE laying around, and helping Granny get it if you absolutely need it.
Which brings me to point 2... Do you really *need* Java 2, or do you just want it? Admittedly Swing is a little buggy on 1.1.4 [if you include swingall.jar], which is as far as MS's VM got before the mess started, but Oracle still ships a version of 1.1.8 to power its management tools. There's very little you can't do with 1.1.x, especially once you've got the Collections API in the mix.
I've seen emails go across the Apple Java Development mailing list saying things like, "Our boss says we *have* to have generics, so Macs and their 1.4.x JVM are right out for development." Look, these are things you've been happily *not* using for all of Java's existence, that older code still works in 1.5, yet you're moving the whole of your development over b/c you think a new, just out of beta feature is cool? "As if source code rusted."
This settlement is great news for Java on the desktop. The longer you can keep more of your code 1.1 friendly, the longer you can deploy effortlessly on Windows. That window had almost closed, and now it's back, wide open.
And from the press release, though I'm not so optimistic to believe it'll necessarily be the case, there's nothing ruling out MS's installation of a newer version of Sun's jre by default in the future. Heck, it ain't jre's or clr's that boost an OS, it's, "Developers, developers, developers, developers." Maybe MS sees the more the merrier, and would prefer things like Sun's Mad Hatter not gain any special traction. Reminds me a little of AOL dropping Mozilla (which it based the OS X AOL client on as proof of concept in the Great Game of 0110 Chicken 2003) the second after MS relicensed them the IE engine.
It's all 0s and 1s. Or it's not.
As usual, this comment is almost correct, but not quite. Please try not to oversimplify if you don't know what you are talking about. The reason Sun had MS stop distributing the JRE was because the only JRE MS could legally distribute when they had to include it in the OS was JRE 1.1.8. If you at all know about the Java industry, JRE 1.1.8 came out pre-1998 and Java is about to release 1.5 after 1.2.x, 1.3.x, and 1.4.x. So, if you were a company that wants developers to use the latest and greatest in what Java has to offer in their applets, then you definitely don't want JRE 1.1.8 being distributed. This is crippling the devolpment of at most applet development in the whole scheme of things that Java is used for. As a developer, you would have to consider this if you want to include as many people as possible into your web audience, which in effect forces development to pre-1999 levels of Java for applet development. That sucks.
/.er's, don't be so gullible to reward stupid rhetoric. For all we know, this person is an MS fanboy and purposefully not mentioning details that would otherwise make things a little clearer to form an opinion on. Either it's that, or this person is lazy and stupid and doesn't do his homework before opening his big mouth. So, do your due dilligence before repeating corporate bullshit, you mimic.
Not sure who considers your comment insightful as it is very vaque. Come on
This is bad for SUNW and the shareholders, no doubt. Yes, McNeally and friends do get a lifeline of cash, but I'm sure MSFT is aware that they're merely postponing the inevitable.
What this means IMO is that SUNW is a more viable takeover target than they were 24 hours ago.
Granted, they could buy back shares with the new cash (and may want to, for many reasons), but the underlying business plan is very vulnerable. Linux is eating Solaris' lunch, and a custom hardware solution isn't cutting it today in the marketplace. (I know, Sun servers are fun to work with, quite reliable, blah blah blah. But I know a few organizations that are abandoning Solaris for Linux, if only for the price advantage.)
I'd be looking for suitors right about now, if I were part of SUNW's mgmt. team. (Or I'd flip off everyone in Mountain View and unfurl the golden parachute, depending on what kind of bastard I felt like that day.)
So here's an idea to debate: another Unix vendor is desperately trying to break into the server and enterprise computing market. Assuming that said vendor has the cash and the will to use it (big assumptions there, I know), would this be a worthwhile strategy to pursue?
--- The American Way of Life is not a birthright. Hell, it's not even sustainable.