Sun Microsystems, Inc. v. Microsoft Corp.

ORDER RE SUN’S MOTIONS FOR PRELIMINARY INJUNCTION AGAINST MICROSOFT

Plaintiffs motions for preliminary injunc-tive relief based on 17 U.S.C. section 502 and section 17200 of the California Business and Professions Code were heard on September 8-10, 1998. The court has read the moving and responding papers, considered the witness testimony and heard the oral argument of counsel. For the reasons set forth below, the court grants in part plaintiffs motions for preliminary injunctive relief.

I. BACKGROUND

According to Sun Microsystems, Inc. (“Sun”), Microsoft Corporation’s (“Microsoft”) Internet Explorer 4.0 (“IE 4.0”), Software Development Kit for Java (“SDKJ”) versions 2.0 and 3.0, Visual J+ + 6.0 (“VJ 6.0”) and Windows98 products infringe Sun’s copyrights for the source code embodying the Java Technology. More specifically, Sun asserts that Microsoft’s license to distribute products which use Sun’s copyrighted source code depends on compliance with Sun’s applicable test suite for the version of the technology which Microsoft’s products incorporate. Sun submits that the above-mentioned products fail to pass the applicable compatibility test suite and that, therefore, Microsoft’s…