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Sun, Microsoft file dueling motions

Sun Microsystems asks the judge in the Java lawsuit to decide the case in its favor. Microsoft does the same.

Lawyers for Sun Microsystems and Microsoft today filed dueling motions arguing that a federal judge should settle a dispute over the Java programming language in each side's respective favor.

The motions for summary judgment followed a ruling last November holding that Sun is likely to show at trial that Microsoft had competed unfairly and violated Sun's copyrights. The preliminary injunction, issued by U.S. District Judge Ronald Whyte of San Jose, California, ordered Microsoft to alter Java features in its Windows and Internet Explorer offerings so that they are compatible with a compatibility test mandated by Microsoft's license.

Sun's motion argues that Whyte's November order and a separate ruling issued last March should be made permanent. For now, the orders are in effect only as long as the case is pending. Sun's four summary judgment motions argue that undisputed facts in the case show that Microsoft has breached its contract with Sun, competed unfairly against Java, misused Sun's Java logo, and violated Sun's copyrights by failing to return Java source code.

Microsoft's motion, in part, urges Whyte to dismiss damage claims Sun has brought, arguing that the Java license bars the relief Sun is seeking.

Portions of both filings were filed under seal. As of this afternoon, attorneys for both sides were in the process of redacting the documents so they could be posted online. Summary judgment motions ask the cases be settled "as a matter of law," without proceeding through a lengthy trial.