Update: Judge orders Microsoft to ship Sun's Java with Windows, IE

IDG News Service - Microsoft Corp. must distribute Java technology from Sun Microsystems Inc. in every copy of Windows and Internet Explorer that it ships, a U.S. federal judge ruled today.
U.S. District Judge Frederick Motz approved a preliminary injunction sought by Sun that forces Microsoft to upgrade its operating system and browser products with Java software that uses the latest version of the technology.
Microsoft will appeal the ruling, said Jon Murchison, a legal spokesman for Microsoft.
"We are disappointed with today's ruling and still need to review the details of the decision," he said. "After our initial review, we do intend to appeal this injunction and will ask the appeals court to hear it on an expedited basis."
In a 42-page opinion, Motz sided with Sun, noting that if Microsoft doesn't adopt the most recent version of the technology, Java won't be able to compete fairly against Microsoft's emerging .Net initiative.
"Unless Sun is given a fair opportunity to compete in a market untainted by the effects of Microsoft's past antitrust violations, there is a serious risk that in the near future the market will tip in favor of [Microsoft]," Motz wrote in his opinion.
"Sun's potential harm is great if the injunction is not granted. Microsoft's potential harm is slight if the injunction is granted," he continued.
Sun had asked the judge to force Microsoft to distribute a Sun-authorized Java Virtual Machine (JVM) and to discontinue an older Microsoft version currently in use. The preliminary injunction will stand pending the final outcome of a private antitrust lawsuit filed by Sun against Microsoft.
The judge has yet to issue an order on how to enforce his ruling. Lawyers from Sun and Microsoft are expected to meet with Motz over the next two weeks to determine how Microsoft will adhere to the ruling, which is slated to go into effect within 90 days.
The antitrust suit, filed in March, charges that the software maker used its monopoly in the market for PC operating systems to thwart the adoption of Java. That case is expected to go to trial next year and could last as long as two years, according to Sun legal counsel Lee Patch.
Sun applauded the judge's decision in a statement, calling it a "victory for consumers," who will be able to buy Windows machines running the latest Java technology, as well as a boon for Java developers, who can ensure that applications they build will run on Windows PCs.
The ruling is also expected to benefit Sun, which relies on