Microsoft: Sun's publicity stunt is too late

Microsoft Corp. accused Sun Microsystems, Inc. of conducting a publicity stunt to block shipment of Windows98 to PC manufacturers. Sun yesterday asked a court to prevent Microsoft from releasing Windows 98 unless it includes Java technology that is compatible with Sun's Java code. But Microsoft said the last-ditch effort won't delay delivery of its new operating system.

"There is no merit to Sun's motion for a preliminary injunction," said Tom Burt, associate general counsel for Microsoft, in a teleconference. "Microsoft is in compliance with Sun's [Java licensing] contract, and the timing appears intended to seize maximum publicity for Sun."

In two motions filed yesterday in the Northern Division of the U.S. District Court in San Jose, Calif., Sun asked the court to require that any copy of Windows 98 that has Sun's Java technology in it be shipped with a version that is compatible with Sun's own. Sun also asked the court to bar Microsoft from shipping its software tools for the Java programming environment unless they generate only fully compatible Java software.

Microsoft officials said the Java software and tools it has developed are compatible with Sun's, and insisted the company has complied with the terms of its Java licensing contract.

Coming three days before Windows 98 is due to ship to PC manufacturers, Sun's legal action is a bid to generate publicity for its fabled "write once, run anywhere" programming language at the expense of consumers, said Tod Neilson, Microsoft's general manager of developer relations.

The eleventh-hour action is unlikely to prevent the operating system from shipping Friday in any case, because that would not allow time for a hearing at which Microsoft could present its case to the court - something it is legally entitled to, Burt said.

Sun has apparently secured a date of July 31 for a hearing, although Sun may try later this week to bring that hearing date forward, he said.

Burt noted that Sun's motions do not explicitly seek to prevent shipment of Windows 98, only that Microsoft be forced to bring its implementation of Java into compliance with the specifications laid out in Sun's licensing agreement, or to remove Java altogether from the operating system, Burt said.

But Microsoft insists it has met with its contractual obligations to Sun by delivering a Java virtual machine - the software in an operating system that runs Java programs - and Java development tools that are compatible with Sun's guidelines.

"We are compliant - at least to the extent that is required and appropriate under the contract," Burt said.