Motz's December 23rd preliminary injunction ruled that Microsoft must include Sun's Java with the Windows OS. He ordered the companies to negotiate a compromise to accomplish his directive.

But the companies were unable to compromise. Microsoft maintained that such a shift would be difficult, and would require up to a year. Sun, which is suing Microsoft for allegedly sabotaging its Java software, asserted that a year was too long.

Time Matters

By ordering Microsoft to comply within 120 days, Motz is signaling his impatience with Microsoft's delaying tactics. "What it shows is [Motz's] determination to get moving on it," said Frank Gillett, principal analyst with Forrester. "Microsoft has always used the clock against enemies. They've tried to run the clock out. And now the judge has put his foot down and said, "Nope, can't do that.""

The judge's 120 ruling, Gillett told NewsFactor, agrees with Sun's contention that "there has been damage done, and that time matters."

Larger Ramifications

"Microsoft is slowly getting backed into a corner," Gillett said. "They've been ruled a monopoly. Now this judge has gone one step further by saying that this monopoly is causing harm." This is significant, because other companies adopt Sun's tactics and succeed in the courtroom against Microsoft.

While the larger antitrust suit was settled with terms that were not too damaging to Microsoft, that may not be the result of further litigation against the software giant. "It'll be really interesting to see if -- despite the broader ruling -- individual vendors can consistently win narrower rulings against the monopoly," said Gillett.

Changing Software Market

If all Windows machines include Sun's Java, it could create what Gillett refers to as a "du-opoly." That is, in contrast to the Microsoft monopoly, the software marketplace will be divided between two major players. "At the OS level, it's Linux and Windows, and at the level of writing software code, it's Java and the .Net platform," Gillett said.

Complying with the judge's order poses something of a pragmatic challenge for Microsoft. "They have to integrate [Sun's Java], test it, get the golden master, get it into manufacturing, etc.," said Gillett. On the other hand, some of the work has already been done, so Microsoft should have a head start.

Microsoft has two different software distribution channels: pre-installed PCs and stand alone software. "The trick will be coordinating with partners," Gillett pointed out, "because all the partners will want to test the software on their hardware. So this will trickle downhill to the likes of Dell and HP."

Innovative Platform

Sun introduced Java in 1995. Often called "middleware," Java provides a common set of application programming interfaces for software developers. Sun widely licensed Java's source code to encourage its adoption.

Microsoft entered into an agreement with Sun to license and distribute products based on Java. But, according to Sun, Microsoft worked to sabotage Java's market acceptance in favor of Microsoft's competing .NET platform.

Microsoft and Sun representatives were not immediately available for comment.