SUN MICROSYSTEMS INC JAVA VIRTUAL MACHINE FREE DOWNLOAD SOFTWARE
SUN MICROSYSTEMS INC JAVA VIRTUAL MACHINE FREE DOWNLOAD CODE

SUN MICROSYSTEMS INC JAVA VIRTUAL MACHINE FREE DOWNLOAD CODE

Pursuant to the TLDA, Sun granted to Microsoft a nonexclusive development license 'under the Intellectual Property Rights of SUN to make, access, use, copy, view, display, modify, adapt, and create Derivative Works of the Technology in Source Code form for the purposes of developing, compiling to binary form and supporting Products.' TLDA § 2.1(a). Sun and Microsoft entered into a Technology Licensing and Distribution Agreement ('TLDA') on March 12, 1996. Sun's Motion for Reinstatement re: Unfair Competition at 1.ī. Specifically, Sun seeks additional provisions enjoining Microsoft from: (1) promoting Microsoft's proprietary compiler directives as adhering to Sun's JAVA specifications or as otherwise being approved by Sun in any respect and (2) negotiating, entering into, or enforcing any agreement by which a third party implements and/or distributes Microsoft's unauthorized and incompatible language extensions unless such products comply with the same restrictions imposed on Microsoft's distribution of similar products. In addition, Sun asks the court to expand the injunction to cover new acts of alleged unfair competition by Microsoft. Sun now moves to reinstate the NovemPreliminary Injunction Order based on Microsoft's alleged unfair competition. However, the Ninth Circuit recognized that on remand Sun, even if not entitled to an injunction based upon copyright infringement, might be able to demonstrate entitlement under the 'traditional standard for preliminary injunctions' for recurring unfair business practices. It reasoned that, under California law, a plaintiff is not entitled to an injunction for a defendant's past conduct, unless it shows that such conduct is likely to recur. In addition, the Ninth Circuit vacated that portion of the NovemOrder based on Sun's claim of unfair competition. As to Sun's claim for copyright infringement, this court, according to the Ninth Circuit, failed to adequately address whether the compatibility terms of the TLDA limited the scope of *994 Microsoft's license or whether they constituted covenants independent of the license grants, breach of which only supports claims for breach of contract. On August 23, 1999, the Ninth Circuit issued an order vacating and remanding the NovemPreliminary Injunction Order.

SUN MICROSYSTEMS INC JAVA VIRTUAL MACHINE FREE DOWNLOAD SOFTWARE

However, the court did address Sun's motion for preliminary injunctive relief based on its claim of unfair competition to the extent it sought to enjoin certain of Microsoft's licensing practices and alleged false and misleading statements to software developers. Since Sun's claim for copyright infringement supported much of the relief it sought, the court did not decide whether Sun's claim for unfair competition warranted the same relief. On November 17, 1998, the court, based on Sun's showing of likely success as to its claim for copyright infringement, granted preliminary injunctive relief to Sun restricting Microsoft's distribution of software products incorporating Sun's Java Technology. ('Sun') sought to enjoin Microsoft Corporation ('Microsoft') from distributing incompatible versions of Sun's Java Technology based on theories of copyright infringement and unfair competition.

In its motions for preliminary injunctive relief, Sun Microsystems, Inc. For the reasons set forth below, the court grants in part Sun's motion to reinstate the NovemPreliminary Injunction Order based upon Microsoft Corporation's alleged unfair competition. The court has read the moving and responding papers, heard the oral argument of counsel, and consulted with the neutral expert appointed in the present case. Sun Microsystems, Inc.'s Motion to Reinstate NovemPreliminary Injunction Order Under Cal. ORDER RE SUN'S MOTION TO REINSTATE NOVEMPRELIMINARY INJUNCTION UNDER CAL. Caulfield, Orrick, Herrington, & Sutcliffe LLP, Menlo Park, CA, Allen Ruby, Ruby & Schofield, San Jose, CA, Thomas Burt, Microsoft Corp., Redmond, WA, for Defendant. Quackenbush, Preston, Gates & Ellis, Seattle, WA, Terrence P. Day, Jr., Day, Casebeer, Madrid & Batchelder, Cupertino, CA, for Plaintiff.ĭavid T. MICROSOFT CORPORATION, a Washington Corporation, Defendant. SUN MICROSYSTEMS, INC., a Delaware Corporation, Plaintiff,

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