Sun Press Release.
Re: Sun v. Microsoft, U.S.D.C., N.D. Cal., San Jose, Case No. 97-CV-20884.
Date: May 12, 1998.
Source: Sun Microsystems.

Sun asks U.S. District Court to require Microsoft to include compatible Java implementation in Windows98 and its software tools for the Java programming environment

SAN JOSE, CA -- MAY 12, 1998 -- Today, Sun Microsystems Inc. (NASDAQ: SUNW) announced that it has filed two new motions for preliminary injunctive relief in its suit against Microsoft Corporation in U.S. District Court, based upon copyright infringement and unfair competition.

Sun asked the court to require that each copy of Windows98 having JavaTM content ship with a compatible implementation of the Java platform, ensuring that Windows users have access from Microsoft to the same modern, network-based computing environment that is now available on most other computers.

"Our goal is simply to ask the court to define a level playing field that developers can rely on during the time it takes for the court to fully deliberate our contract dispute with Microsoft," said Alan Baratz, president of Sun's Java software division. "We'd be gratified to settle this matter at any time, but until that happens, we believe it is important to look at Windows98 as a delivery vehicle for Java technology and to make sure that, at a minimum, there are at least as many copies of a fully compatible Java implementation in the marketplace as there are copies of Microsoft's incompatible technology."

Sun has 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.

The motions filed by Sun today in the Northern Division of the U.S. District Court in San Jose augment Sun's existing suit filed against Microsoft on October 7, 1997. In the suit Sun, claims that Microsoft, in deliberate violation of a licensing agreement with Sun, is attempting to break the cross platform compatibility made possible by the Java technology and to deliver a version of the technology that works only with Microsoft's products.

On November 17, 1997, Sun filed a motion asking the court to bar Microsoft from using Sun's Java Compatible LogoTM on its products because the Java technology had been improperly modified by Microsoft and failed to pass Sun's compatibility tests.

On March 24, U.S. District Court judge Ronald M. Whyte granted Sun Microsystems, Inc.'s request and issued a preliminary injunction that prevents Microsoft from using Sun's Java Compatible logo to promote and distribute its Internet Explorer 4.0 and related products which contain incompatible implementations of the Java platform.

For additional information on Sun's legal action and on the Java platform, see:

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Since its inception in 1982, a singular vision, 'The Network Is The ComputerTM', has propelled Sun Microsystems, Inc. (NASDAQ 'SUNW') to its position as a leading provider of hardware, software and services for establishing enterprise-wide intranets and expanding the power of the Internet. With more than $9 billion in annual revenues, Sun can be found in more than 150 countries and on the World Wide Web at

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