Microsoft and Sun Deliver Joint Proposal for Injunction Settlement to Court

On Monday, Microsoft and Sun Microsystems delivered a plan to the U.S. District Federal Court Judge spelling out how Microsoft will obey a court order to distribute Sun's Java programming language within Microsoft's Windows operating system, company representatives reported. After a weekend of negotiations, both sides reportedly agreed on a joint proposal that outlines how Microsoft should comply with Judge Motz's order that Microsoft include Sun's Java in Windows within 120 days. One of Microsoft's lawyers indicated that Microsoft would file an appeal of the injunction with the U.S. Court of Appeals for that Federal District once the Judge enters his order.

In his earlier ruling on December 23rd last year, Judge Motz ruled that he would grant a preliminary injunction in Sun's favor, forcing Microsoft to include Java in its Windows computer operating system. Motz had instructed both sides to negotiate specifics of the injunction, but they had been unable to agree on the terms. Sun complained that Microsoft insisted on a delay of up to one year before including the Java program in its Windows programs. Microsoft countered that shipping Java with Windows was not an easy thing for it to do. After listening to arguments from both sides last week, Motz ruled that Java must appear in Windows within 120 days, and pushed the two sides to compromise on other unresolved issues. Motz also agreed to a two-week stay in the 120-day requirement so that the appellate court can consider Microsoft's anticipated automatic appeal.