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Microsoft money "waivers" Sun contract breach suit

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Microsoft has come up with a novel defence in the Java breach of contract suit launched by Sun Microsystems. It argues that Sun took $3.75 million as a licensing fee for Java from Microsoft - and so the company can't claim that Microsoft breached a contract that enabled it to use Java in its products. "Acceptance of performance (including the payment) constitutes a waiver of the innocent party's right to complain," Microsoft argues. The company claims it met Sun's contract terms because its Java flavour passed compatibility tests. It offers an alternative defence that - even if it did breach the contract - it did not infringe Sun's copyright. "We have fully complied with the contract and have delivered real choice to developers and offered consumers the best and fastest Java implementation in the marketplace," Microsoft spokesman Jim Cullinan told Bloomberg. Sun's legal action against Microsoft has been trundling through the US courts since October. In March , it obtained a preliminary injunction to bar Microsoft from using the Java Compatible logo with its products. The company accuses Microsoft of modifying Java - in breach of its contract terms - to work better with Windows. ®

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