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Microsoft countersues Sun
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October 27, 1997: 1:36 p.m. ET
Countersuit accuses Sun of breach of contract and unfair competition
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NEW YORK (CNNfn) - Microsoft Corp. filed a countersuit Monday against Sun Microsystems Inc. for breach of contract and good faith and unfair competition in their continuing battle over confidential Java contracts.
"Sun apparently decided that it no longer likes the deal it made more than a year and a half ago. Sun's suit may make for good PR, but its claims are not grounded in fact or law. We are disappointed that it has come to this, but we have upheld our end of the bargain. Sun has not," said Tom Burt, Microsoft Corp.'s associate general counsel.
Earlier this month, Sun filed a breach of contract lawsuit against Microsoft, seeking unspecified damages and an injunction. About two weeks ago it also asked a San Jose, Calif., federal court to award it $35 million in damages.
Sun said Microsoft illegally distributed Java source code, the code in which the programs are written, on its Web site.
In addition to monetary damages, Sun also seeks to have the court dissolve a 1996 agreement between the two rivals. Sun also wants Microsoft to cease using the "Java compatible" logo in its Internet Explorer Web browser and other products using Java.
In Monday's countersuit, Microsoft alleges that Sun failed to deliver technology that passed the compatibility standards agreed to by both companies. Microsoft said Sun has provided the company with inferior technology and has not supplied testing programs stipulated in the agreement. Microsoft also accuses Sun of not treating it as fairly as it does other Java licensees.
Microsoft also said Sun intentionally made false statements about the compatibility of Microsoft's products and its rights under the agreement.
--From staff writer Cyrus Afzali
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