If the lawyer can prove or make BG admits JAVA is a threat then BG's actions against JAVA can be seen as deliberate rather than accidental or unfortunate.
Because the "Oops I didn't think tweaking JAVA API so it works only on Windows would hurt SUN that is trying to sell a JAVA thingie that works everywhere" card wouldn't work that well and it would established deliberate questionable practice.
In this case it might or might not be something like that.
If the lawyer can prove or make BG admits JAVA is a threat then BG's actions against JAVA can be seen as deliberate rather than accidental or unfortunate.
Because the "Oops I didn't think tweaking JAVA API so it works only on Windows would hurt SUN that is trying to sell a JAVA thingie that works everywhere" card wouldn't work that well and it would established deliberate questionable practice.
In this case it might or might not be something like that.