Microsoft spokesman Jim Desler spoke exclusively to JDJ-IN News Desk today, confirming that Microsoft does plan to appeal Judge Motz' ruling.

"We intend to appeal the court ruling in this case once the case is entered," said Desler. The formal order is anticipated to go into place on Monday. Motz also said he would grant a two-week stay after he issues the order, to allow Microsoft time for the appeal.

Desler explained that on December 23, 2002, Judge Motz issued his opinion, but Sun and Microsoft needed to confer to figure out what shape compliance would take. The session this past Wednesday was a part of the determination of how the parties would comply with the judge's opinion.

"Sun's proposed response to the December 23rd order was ambiguous, overly broad, and would mandate unreasonable objectives," commented Desler. "The big issue is in the scope of the compliance. For the most part, we feel that the court has sided with Microsoft, in that only a few products will be affected instead of the thousands that could have been included." "Between now [Friday afternoon, Ed.] and Monday, Sun and Microsoft will be working together to craft language to shape the preliminary injunction order that is responsive to the court's instructions. Shortly thereafter, we expect the judge will stay the order, and Microsoft will appeal."

"We believe it's important to have a clear approach without adverse consequences to the industry and to the consumer," said Desler.

And if the 120-day deadline to incorporate Sun Java into Windows XP stands? "We will make every effort we can to comply with the court's order," asserted Microsoft's Desler.