Microsoft Wins Java Ruling

Microsoft Corp. can develop its own version of Sun Microsystems' Java programming language as long as it doesn't violate Sun's copyright, a federal judge ruled Friday.

Over Sun's objection, U.S. District Judge Ronald Whyte clarified an injunction he issued last November that required Microsoft to rewrite parts of its Windows 98 operating system to conform with Sun's version of Java. Microsoft has also appealed that injunction to the 9th U.S. Circuit Court of Appeals.

In Friday's order, Whyte said his injunction applied only to Microsoft software derived from a Sun program code or documentation licensed to Microsoft under its contract with Sun.

The injunction does not forbid "independently developed Java tools products which infringe no Sun copyright," Whyte wrote.

He declined to rule on Sun's argument that Microsoft's shipment of an independently developed Java compiler would violate the companies' contract. That issue will be addressed at a hearing March 12, Sun spokeswoman Lisa Poulson said.

Sun, based in Palo Alto, Calif., has tried to promote its form of Java as a universal programming language that can be used with any form of software. The company's lawsuit contends Microsoft, using its licensed version of Java, designed a Windows-only form that was incompatible with rival software, in violation of the contract.

Microsoft spokesman Jim Cullinan said the company was pleased with Whyte's order.

"We believe that Microsoft, like every other company, has the freedom to innovate," he said. "This ruling gives us the option of developing independent Java development if we so choose."

Ms. Poulson, Sun's spokeswoman, stressed the language in Whyte's order that prohibits Microsoft from distributing any product that used computer program code derived from any Sun copyrighted program code or documentation for Java.

"I think we've got some strong protections and we're pleased to have them," she said.