Appeals court says Microsoft does not have to use Java

Microsoft Corp does not have to include a rival's software in its Windows operating system, an appeals court ruled Thursday in overturning a judge's order.

Though the court upheld a preliminary injunction barring Microsoft from distributing its own version of Java from Sun Microsystems Inc, that requirement will have limited effect because Microsoft already has started phasing it out under a previous settlement with Sun.

The unanimous decision by the three-judge appeals panel represents an overall victory for Microsoft in its legal battle with Sun over Java. It vacates a ruling by US District Judge J. Frederick Motz in Baltimore.

"It validates the notion that they do not have to use their operating system as a springboard platform for other companies' initiatives like Java," said Michael Gartenberg, research director for Jupiter Research.