Judge Gives Microsoft 120 Days To Ship Java In Windows XPJudge Gives Microsoft 120 Days To Ship Java In Windows XP

A federal judge has given Microsoft 120 days to start shipping Java with Windows XP.

U.S. District Court Judge Frederick Motz ruled on Wednesday, in a session that extended into the night, on Sun Microsystems' private antitrust lawsuit against Microsoft. In addition to setting a deadline for Java support, the judge overruled himself and said that Sun can proceed with all 16 of its claims against Microsoft.

Last Friday, Motz granted a Microsoft motion to dismiss two of the claims, but he said Wednesday that he misunderstood the scope of the claims earlier.

Motz granted Microsoft's motion to delay the Java order so the company can appeal. He stayed his order two weeks, so that the U.S. Court of Appeals, Fourth Circuit, can review the decision.

In setting the 120-day deadline, Motz denied a Microsoft request to be able to phase in Java support over 180 days.

Microsoft suggested it be allowed to comply with Motz's order in phases: First, Microsoft would offer Java for download from the Web within 30 days; then, within 60 days, Microsoft would deliver Java to PC vendors for incorporation in their systems; and then it would deliver the technology in a service pack within 180 days.

But Sun said it is losing ground to Microsoft .Net even while Microsoft seeks delays; it asked for an order requiring Microsoft to distribute Sun's Java within 90 days.

Motz granted a preliminary injunction to Sun on Dec. 23, ordering Microsoft to bundle the latest version of Java in Windows and Internet Explorer. Sun is charging that Microsoft has used its monopoly power to poison the Java market, and one of the tactics Sun claims Microsoft used was to bundle an obsolete version of Java with Windows.

The preliminary injunction will be in place until the trial concludes, at which point Motz will make it permanent, modify it, or lift it.