Even before Microsoft reports to the judge on how it will comply with the injunction issued on November 19, 1998, it is clear that Microsoft will continue to fracture Java as much as it can possibly can.

Microsoft does not want Java to be successful unless it runs solely on Microsoft platforms.  Everywhere else it will do everything it can to sabotage it.  This is an obvious strategy on Microsoft's part.

Despite the fact that Microsoft is being charged in federal court right now with acting with regard to Java in such a way to preclude if possible any Java application from being successful and intentionally harming the intellectual property of other companies just to maintain and strengthen its monopoly power in the consumer OS marketplace, Microsoft maintains its policies.

Only if Microsoft is ordered by the court will it abide by the law.  Otherwise it will flatly ignore all laws.

This obvious attitude by Microsoft may be a big mistake.

1.  Sun may file additional law suits in an effort to protect its property rights in Java.
2.  The judge in the antitrust action is going to understand very plainly that less than a complete remedy in the antitrust actions just will not work.  Microsoft flatly ignored the previous consent decree issued by this same judge.

It may come about that the judge will not approve any resolution acceptable to Microsoft.

Why?

Look at what they do.  Look at their acts.

Once the court realizes that Microsoft will do everything in its power to avoid abiding by the antitrust laws and the laws against unfair competition, it is likely to simply say "What is it going to take to make certain this same defendant does not how up in court again and again regarding the same violations of law?".

When that question is asked, the possible remedies change dramatically.

See the discussion on vertical and/or horizontal splits of Microsoft Corporation.

Lewis A. Mettler, Esq.