Peter Kaplan
WASHINGTON: A Sun Microsystems Inc. executive warned a federal judge on
Tuesday that archrival Microsoft Corp. could use its .NET Web-based services
strategy to thwart competition and extend its monopoly power to the Internet.
Sun's chief strategy officer, Jonathan Schwartz, said that unless tough
antitrust restrictions are imposed on Microsoft it can use its Windows operating
system monopoly and dominant Internet Explorer Web browser to promote .NET over
competitors like Sun's Java programming language.
"The Internet is largely built on open standards, but Microsoft's
control of the ubiquitous operating system combined with its ownership of the
dominant browser and promotion of .NET Passport means that it could lock end
users in to a Microsoft-controlled world," Schwartz said in written
testimony to US District Judge Colleen Kollar-Kotelly.
The judge turned down a Microsoft request that she throw out Schwartz's
testimony about Web services because it was based on predictions of future
Microsoft behavior.
Kollar-Kotelly initially expressed concern about testimony at the remedy
hearings that covers technology not raised at the original trial. But recently,
she has been inclined to allow the material under the caution that she may
ultimately decide it is not relevant.
On Tuesday she quoted a Supreme Court ruling that "drafting an antitrust
decree involves predictions," in turning down Microsoft. Schwartz was the
13th witness called by nine states seeking tough antitrust remedies against
Microsoft for illegally maintaining its Windows monopoly.
The nine states have rejected a proposed settlement of the case reached
between Microsoft and the US Justice Department in November.
Bitter rivals
Sun, a fierce rival of Microsoft, has long accused the world's biggest software
company of trying to sabotage Java. Microsoft, in turn, accuses Sun of promoting
the government antitrust suit to gain a commercial advantage. Microsoft
maintains Java is a product threatened by its own shortcomings rather than any
anti-competitive behavior by Microsoft.
Spokesmen for Microsoft released a statement Tuesday accusing Sun of trying
to slow down the .NET initiative because the company is "late to the game
on Web services." The states want antitrust sanctions requiring Microsoft
sell a "modular" version of Windows with add-on "middleware"
features that are removable. They argue the requirement would give computer
makers have a free-hand to customize the machines they sell.
After Schwartz, Princeton University computer science professor Andrew Appel
took the witness stand and told Kollar- Kotelly it was "technically
feasible" for Microsoft to create a modular version of Windows. Microsoft
has argued that it is impossible for the company to make a modular version of
Windows and says the states' sanctions would force it to withdraw the operating
system from the market.
The states' remedy would be a boon to Sun in particular because it would
require Microsoft to include Java in the Windows operating system. Microsoft
eliminated Java from Windows for the first time last year when it rolled out the
new Windows XP operating system.
Schwartz said the so-called "must-carry" Java provision would
ensure that computer users and developers have an alternative to Microsoft's
.NET service. The states' proposed remedy also would ensure that Microsoft fully
discloses information on .NET so that competitor's services can work well with
it, he said.
Microsoft contends remedies in the case cannot go beyond specific wrongdoing
upheld by a federal appeals court last year, mainly that Microsoft tried to
crush Netscape's Internet browser in an effort to preserve the Windows monopoly.
Passport feature
Schwartz reiterated complaints from other Microsoft competitors that the company
is using the Passport security software in .NET to exclude potential
competitors. The Passport service is designed to allow computer users to sign in
once and then move among participating Web sites without doing so again.
Schwartz said Microsoft has been withholding information about the inner
workings of Passport and other .NET software so that competitors cannot work
well with servers that run on Microsoft software. Microsoft attorney Steve
Holley tried to show that Schwartz was biased against Microsoft, quoting a
series of news interviews in which he was sharply critical of the company.
"Part of your job responsibilities at Sun are to make critical
statements about Microsoft and Passport," Holley said. "My boss would
disagree with that job description," Schwartz replied. Holley also cited a
letter Sun wrote to the Justice Department last year suggesting a long list of
sanctions against Microsoft, some of which were similar to those the states have
proposed.