Sun brief restates Java case

In the latest chapter of the rancorous court dispute, Sun reiterates why the Java logo should be removed from Microsoft's products.

SAN JOSE, California--Sun Microsystems (SUNW) reiterated its reasons today why the logo for its Java programming language should be removed from Microsoft's (MSFT) products.

In a brief filed in U.S. District Court here, Sun also asked that Judge Ronald Whyte deny Microsoft's request to throw out evidence Sun submitted earlier in the rancorous dispute.

The filing is part of a suit Sun filed in October claiming Microsoft's implementation of Java does not pass a compatibility test imposed on all licensees of the language, which Sun says will run on any platform. Sun alleges that as long as Microsoft fails the test, the software giant is in breach of the licensing contract.

Sun also has asked the court to forbid Microsoft from displaying the Java-compatible logo on the Internet Explorer browser and the Software Developer Kit for Java.

Today's brief was filed under seal and not available to the public, and a Sun spokeswoman declined to discuss the filing. Included in the filing were numerous declarations from Sun employees--including one from Alan Baratz, president of Sun's JavaSoft unit.

The filing responds to briefs submitted last week, in which Microsoft opposed Sun's motion for a preliminary injunction. In one declaration, a Redmond senior vice president argued that Microsoft's Java license gave the company "the freedom to implement Java in the way we thought best for our Windows platform." Microsoft also argued that the issuance of a preliminary injunction would provide "serious injury" to its business.