1998 Preliminary Injunction Order. However, as Microsoft concedes, the court must look to the present in assessing the propriety of a requested injunction. Opposition at 8. Additionally, Microsoft cannot persuasively argue that it is unfair to measure the balance of hardships according to circumstances resulting from Sun's efforts to enforce the TLDA’s compatibility obligations. Moreover, the harm to Microsoft, even when the current state of Microsoft’s relevant software products is ignored, fails to outweigh the competitive and other harms advanced by Sun. 10 . Sun has demonstrated a reasonable likelihood of success in establishing that the TLDA requires Microsoft to include JNI in its implementations of the Java Virtual Machine. See Sun, 21 F.Supp.2d at 1119-22; Sun, 188 F.3d at 1120 (<HOLDING>). 11 . The exclusion of JNI does not benefit
holding that a court may issue injunctive relief only when the movant demonstrates four factors substantial likelihood of success on the merits irreparable harm no substantial injury to the other party and furtherance of the public interest holding that the evidence that the defendant violated a probation condition was not competent and substantial because the state presented only hearsay evidence holding that the burden is on the appellant to bring forth a record that demonstrates error holding that substantial evidence demonstrates that microsoft violated the tlda holding that a stay of execution is only appropriate where the movant demonstrates substantial grounds upon which relief might be granted