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Microsoft turns antitrust tables on Sun

By John Oates

Published: 4 December 1998 16:07 GMT

The Microsoft antitrust case took another turn yesterday with the software giant accusing Sun Microsystems of doing the very same thing it is accused of. Microsoft lawyers produced a memo from Sun which suggested splitting up the Internet software market with Netscape.

Department of Justice (DoJ) attorney, David Boies was not impressed. "Both as a matter of fact and a matter of law, the 'everybody-else-does-it' defence really does not work here," he said.

Microsoft also claimed Java is an ineffective language, quoting a variety of technical sources to show that Java's promise of 'write once, run everywhere' is untrue.

Boies did not like this either. "Microsoft's argument that says Java would have died anyway is a little bit like saying if somebody shoots you they can defend [themselves] by saying you have cancer," he said at the lunchtime recess.

Gary Barnett, principal analyst at Ovum, commented: "Deals and alliances between companies go to the heart of what competition is. This makes the DoJ's job very difficult. It is far harder to show than simple breach of contract. The DoJ would be far better off looking at the law than these issues."

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