Judges Hint at Axing Microsoft Injunction
A federal appeals court panel signaled Thursday that it is likely to overturn a lower-court injunction ordering Microsoft Corp. to distribute key software developed by rival Sun Microsystems Inc.
“I don’t think the district judge had a clue,” said U.S. Circuit Judge Paul V. Niemeyer, one of three judges who heard arguments from Microsoft and Sun over whether U.S. District Judge J. Frederick Motz erred in December by ordering Microsoft to include Sun’s Java software in its Windows operating system software.
For the record:
12:00 a.m. April 5, 2003 For The Record
Los Angeles Times Saturday April 05, 2003 Home Edition Main News Part A Page 2 National Desk 1 inches; 37 words Type of Material: Correction
Sun Microsystems case -- An article in Friday’s Business section about a legal dispute between Sun Microsystems Inc. and Microsoft Corp. incorrectly stated that Sun was based in San Jose. It is based in Santa Clara, Calif.
Most experts expected San Jose-based Sun to face an uphill battle at the U.S. 4th Circuit Court of Appeals here, which has a reputation as being among the most conservative in the nation.
Niemeyer told Sun’s lead attorney, Lloyd Day, that the preliminary injunction Sun sought to uphold was an inappropriate remedy for the antitrust claims it made in lower court.
Sun had argued that its antitrust injury stemmed from Microsoft’s illegally maintaining a monopoly in the PC operating system market.
Yet, Niemeyer noted, Motz’s injunction talks only about the potential harm Sun might face in the market for so-called middleware software, in which Java competes with Microsoft’s .Net product.
Day compared the harm Redmond, Wash.-based Microsoft inflicted on Sun to the blows that supporters of ice skater Tonya Harding delivered to her Olympic rival Nancy Kerrigan before the 1994 Winter Olympics.
“Except that you are complaining about being hit in the elbow” instead of the knees, Neimeyer shot back.
If the injunction is thrown out, the panel would hold a full hearing on the issue.
Separately, Microsoft said it would make it easier for computer users to substitute competing middleware products, such as Web browsers and media players, in response to a request from the Justice Department.
The software giant has offered software that allows computer users to select their preferred middleware programs. But Microsoft spokesman Jim Dessler said the company would give the selection process more prominent display in future updates of Windows XP.
