Sun vs. Microsoft: Harding vs. Kerrigan Revisited
Judge Paul Niemeyer took control early in the hearing in which Microsoft sought to appeal a federal district court ruling that it must ship Java with every copy of Windows the software giant sells. Niemeyer challenged Sun's lead attorney, Lloyd "Rusty" Day, almost immediately when he stood to argue for Sun's right to the "must-carry" Java provision, noting that that the remedy Sun is seeking is not suited to the claim it made in the courts.


Niemeyer said Sun laid its claim of existing harm by Microsoft on the issue of Microsoft's illegal maintenance of its monopoly position in the PC operating system market, yet the preliminary injunction ordered by U.S. District Judge J. Frederick Motz addresses potential harm Sun would face from Microsoft in the middleware market, an "emerging" market where Sun's Java competes with Microsoft's .Net platform.

"If your concern is about the PC operating system market and your client is not in that market, why do you care?" Niemeyer asked Day after setting the tone with two initial questions about Sun's claims.

"First of all, we are in that market," Day claimed, saying that Sun sells Solaris on the Intel platform.

"Well, the district court judge got it wrong, right?" Niemeyer asked, driving in.
http://www.eweek.com/article2/0,3959,997305,00.asp