Microsoft says it tried to improve Java computer language

Web posted December 11, 1998

By Eun-Kyung Kim
Associated Press

WASHINGTON -- Microsoft challenged claims Thursday that it illegally tried to ``pollute'' Java, a computer language that threatens its Windows dominance. The company actually was trying to improve Java, Microsoft attorneys said.

During the testimony of a senior executive from Java's developer, Sun Microsystems, U.S. District Judge Thomas Penfield Jackson questioned the witness closely about Microsoft's strategy.

``Didn't what Microsoft do was grasp the significance of the work you were doing, and then run with it and produce a better version of it?'' asked Jackson, who will decide the antitrust case being heard in federal court, because there is no jury. ``They simply couldn't wait for you to catch up.''

In its antitrust lawsuit, the Justice Department contends that Microsoft illegally tried to alter Java because it considered it a threat to Windows. Software written using Java can run on a variety of computers, potentially minimizing the importance of Windows, which is installed on more than 90 percent of the nation's personal computers.

Sun Vice President James Gosling told the judge that Microsoft may have viewed its version of Java as better than Sun's, but ``their version of better is tied to the Windows platform'' and fails to work on other systems.

During its cross-examination, Microsoft confronted Gosling with a string of e-mails suggesting that Sun knew about Microsoft's plan to develop a Windows-based set of technical tools for Java before the two companies signed a licensing agreement over Java.

The documents also suggest that Microsoft offered to work with Sun on ways to make its version of Java interact better with Windows. But Gosling said his company was skeptical about any offer by Microsoft to cooperate.

``Our view was that when Microsoft was often holding out their hand, there was a knife in their hand and they were expecting us to grab the blade,'' he said.

Other companies wanting to use or make changes in Java would first discuss their proposals with Sun and other software developers in a consensus-building strategy, Gosling said.

Microsoft made its alterations to Java more quickly than Sun had expected.

``I don't think we presumed this would cause us to send a nasty-gram from a lawyer,'' Gosling said, adding later, ``We really, really wanted to cooperate with Microsoft.''

The contract dispute also is the focus of a lawsuit between the two companies. Last month, a federal judge in San Jose, Calif., issued a preliminary injunction preventing Microsoft from selling any version of Java incompatible with Sun's so-called ``pure Java.''

Microsoft argues that it never forced software developers to write programs using its altered Java. But programs written using the altered Java can't be run on rival operating systems.

Justice Attorney David Boies, commenting on the judge's statements after court recessed, noted that Microsoft is trying to portray itself as a competitive company aiming to produce better products. But Boies said Microsoft ``had its thumb on the scale'' when competing.

``Nobody wants to hold Microsoft back,'' Boies said. But Microsoft's monopoly power limits the actions of its rival. The case, Boies said, is about ``consumer choice on a level playing field.''

Microsoft lead attorney John Warden said Jackson's comments simply reflect that ``Microsoft competed hard with Java and got ahead of Sun.''

The competition between the two companies ``is strong and vigorous and benefits the public,'' he said.