Thursday, May 24th 2012

Judge Recommends US Xbox 360 Ban in Motorola Dispute

Microsoft's legal battle with Motorola has taken another large step towards a console ban, but the company could still narrowly avoid that fate. Judge David Shaw recommended to the International Trade Commission (ITC) that Microsoft be given a cease-and-desist order on sales of the Xbox 360 slim model in the US. He also recommended ceasing Chinese imports of the systems, and a payment of 7% of the value of unsold systems in stores. Courthouse News Service (via Develop) reports that the ITC can now choose to let that determination stand, in which case it becomes the official stance of the ITC. Alternately, the commission could amend some terms, or send it back for a rewrite. If it does adopt Shaw's recommendation, President Barack Obama will have 60 days to review the decision, after which it would have to be appealed to the Court of Appeals for the Federal Circuit. This follows a one-two punch against Microsoft in this case, after Motorola won its patent ruling, and was subsequently hit with a German sales injunction -- which won't go into effect until the US case is settled. Motorola claims a technology used across several Microsoft devices, but Microsoft alleges that Motorola demanded an unreasonable licensing fee for the patents.

Microsoft has argued that banning consoles would not serve the public interest, but Shaw claimed that enforcing property rights takes precedence. Though Microsoft could still potentially appeal, the threat of a ban is more real now. Either way, this likely isn't something Microsoft wants hanging over its head as we approach E3.Source: Shacknews
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25 Comments on Judge Recommends US Xbox 360 Ban in Motorola Dispute

#2
TheMailMan78
Big Member
It would be funny if this happen. I know it won't but it would be funny as hell. I think Bumble Bees head would explode.
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#3
FordGT90Concept
"I go fast!1!11!1!"
If Google didn't own Motorola, Microsoft and Motorola probably would have settled this out of court dropping the charges against each other. Google's involvement is turning this into a blood match.

Looking over some of details, both claims look ludicrous. It's a Google v. Microsoft grudge match. Everyone is going to lose if the courts don't throw it out. Both are thriving companies (Google moreso than Microsoft) so enforcing either patents essentially enforces a court-ordered monopoly. I hope the judge realizes that.
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#4
JrRacinFan
Served 5k and counting ...
Holy ****! Boloney fudge n mustard! I am at a loss for words.....
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#5
Boomstick777
I hate all this let's just file lawsuits and sue for the rights.. People should stop trying to make a profit by ripping each other off and settle these things out of court. All money grabbing, Motorola are just the latest money grabbers.. Maybe there phones aren't selling to well so they decided to make money by suing... Bad times lol .. Hope Microsoft come out of this unscathed and don't lose to much money to Motorola gold diggers..
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#6
MikeMurphy
I'm really sick and tired of software patents.
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#7
Boomstick777
Bill Gates has given $28 Billion to charity, wtf have Motorola done? Leave Micorsoft alone lol..
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#8
JrRacinFan
Served 5k and counting ...
by: Boomstick777
Motorola gold diggers
I see this as opposite, as MS being gold diggers and trying to monopolize(almost being successful) the PC OS forefront. I see it as serving them their own cake....
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#9
Steevo
Just because MS made operating systems for the masses instead of an eliteist ideopogy like apple or anyone else doesnt make them bad. I think they need to implement a 12 month time period for legal action for this sort of thing to prevent companies waiting.
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#10
THE_EGG
Wow although I find this personally funny, and probably a whole heap funnier if it does happen with reaction videos on youtube (next version of angry german kid?). I think this will have a HUGE impact on MS, that I think it might put it in financial troubles.
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#11
remixedcat
ok, this stems from MS trying to get Motorola phones banned in Germany...

The whole thing is just a buncha kindergartners on the playground fighting....
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#13
Delta6326
Just realese the 720 already you don't have to worry about it...
Lol
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#14
Mistral
by: Delta6326
Just realese the 720 already you don't have to worry about it...
Lol
My thoughts exactly, more or less...

Still, from the whole ordeal, lawyers win again.
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#15
theubersmurf
Good idea, ban the sale of the Xbox 360 close to the end of it's lifecycle. What value is that to anyone?
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#16
newtekie1
Semi-Retired Folder
by: FordGT90Concept
If Google didn't own Motorola, Microsoft and Motorola probably would have settled this out of court dropping the charges against each other. Google's involvement is turning this into a blood match.

Looking over some of details, both claims look ludicrous. It's a Google v. Microsoft grudge match. Everyone is going to lose if the courts don't throw it out. Both are thriving companies (Google moreso than Microsoft) so enforcing either patents essentially enforces a court-ordered monopoly. I hope the judge realizes that.
Not likely, this whole thing dates back to early 2010, about a year before Google bought Motorola. It looks like Microsoft and Moto have had their eyes set on a court grudge match long before Google was involved.

by: Delta6326
Just realese the 720 already you don't have to worry about it...
Lol
The 720 will likely have the same issues, unless of course Microsoft plans on not including WiFi and Video playback...
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#17
atlblackops
by: Chaitanya
Interesting development.
So Microsoft if Whining that industry players are being unfair!?! I'm loving this grudge match and hope Google/Motorola triumphs in the end.
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#18
Jacez44
Motorola claims that enforcing property rights take precedence over public good?!

:banghead:

THIS is why the copyright/patent system/perception is fucked beyond fixing.
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#19
AsRock
TPU addict
LMAO
Motorola claims a technology used across several Microsoft devices, but Microsoft alleges that Motorola demanded an unreasonable licensing fee for the patents.
So we just took it hoping it be free. Becouse they were asking to much OMG i hope MS get screwed big time but i am sure it be more like a slap like always hence why they did it.
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#20
Kantastic
Why Microsoft even has a case is beyond my understanding, especially when the XBox 360 is nothing but an entertainment system. There are a plethora of alternatives, so all this crap about public interest reeks of manure. They should just come right out and say that our shareholders would reign hell on us, because that's who they really care about.
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#21
AsRock
TPU addict
by: Kantastic
Why Microsoft even has a case is beyond my understanding, especially when the XBox 360 is nothing but an entertainment system. There are a plethora of alternatives, so all this crap about public interest reeks of manure. They should just come right out and say that our shareholders would reign hell on us, because that's who they really care about.
Yes because MS never would do the same to them would they now ?.
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#22
Solaris17
Creator Solaris Utility DVD
i can honestly say im going to have a wide grin if the console stares at an import ban on release.
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#23
jigar2speed
This will teach microsoft to stop fighting proxy for Apple against the Android gang.

EDIT: If you don't trust me, search for Rockstar that bought up Nortel, you will know what i am saying.

EDIT 2: For the lazy folks - Rockstar Consortium, made up of Apple, Microsoft, RIM, Ericsson and Sony purchased Nortel patents so that they could use the arsenal against Android. Ever wonder why Sony was never sued by Apple for making Android phone ?
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#24
FordGT90Concept
"I go fast!1!11!1!"
by: newtekie1
Not likely, this whole thing dates back to early 2010, about a year before Google bought Motorola. It looks like Microsoft and Moto have had their eyes set on a court grudge match long before Google was involved.
They were in talks in 2010. It wasn't announced until 2011 and the purchase finished in 2012.
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#25
newtekie1
Semi-Retired Folder
by: FordGT90Concept
They were in talks in 2010. It wasn't announced until 2011 and the purchase finished in 2012.
Good point, and it is also highly likely that Moto started the grudge match to make their potential buyer, Google, happy. However, the point is that the grudge match was initially Moto's doing, not Googles. Google just might have had some influence on Moto's decisions.
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