Judge Recommends Banning Xbox Imports to the US

[vxicepickxv]

The problem with patenting widely used formula's- you end up with ridiculous rulings like this. Hell, Microsoft patented x86, so maybe it's about time they got what was coming to them.

Microsoft also patented graphics processing. Now, the reason why Microsoft did both of those is not to protect consumers, but to protect the manufacturers of said processors and video cards.

I'm hoping that Motorola's new owner will take a look at the lawsuit and be reasonable, and not expect too much hate when it comes to their stuff on a Microsoft system.

 

[RicoADF]

Haha, that judge is retarded. They all are. IP is more important than consumer rights... WRONG! IP's exist to protect the consumer as much as they do the person who came up with an idea. I mean, lets face facts though, Microsoft is making that argument for them and not the consumer. If you are familiar with MS outside the realm of Xbox systems, you know this already. Enforcing this restriction would only increase the cost of the system. As others have said, better get ready for the new Xbox.

M$ infringed Motorola's patent, thus IP. So, the consumers, whose rights are to be "protected" by the IP - as per your logic - are Motorola's consumers, not Microsoft's ... Therefore, the judge's reasoning of Motorola's IP being more important than Microsoft's consumers is perfectly valid.

IP's protect consumers by not allowing cheap knockoffs to be sold to a consumer that bear the name of the original creation. Inhibiting the production of a device does not protect consumers at all in this case. Especially since, from a consumer perspective, MS is not laying claim to the creation of a device as much as they are simply using a device. It's one of those catch 22's of IP laws. In this case it's not in the consumers interest for the device to not be sold. It's probably one of the few times MS and consumer values are in perfect alignment. Furthermore, Motorola's consumers are not harmed by the use of the Xbox360. People are not choosing to pick either the Motorola or MS version of a product.

Really, the problems is that no one should be trying to inhibit sales or productions of a device. That will only serve to harm the consumer, create artificial shortages, and drive prices up. Everyone should just learn to be adults about this kind of thing. MS should admit their shortcomings and offer Motorola money for the use of their IP. Motorola in turn should not be trying to force MS to stop production and sales of Xbox360's.

So you think that because the Xbox is popular and loved then MS should be allowed to break the law? I don't care how you spin it, the court has determined that they used the codec illegally and now their crying fowl for being caught out and punished for it. The IP laws are there for a reason, and while they can be anoying at times this is an example of why they are there, to stop a big company like MS from making money off someone elses work (Motorola). That boys and girls, is called stealing.

 

[Grey Day for Elcia]

In the ongoing dispute between Motorola and Microsoft, Obama may be the Xbox 360's only hope.

Allow me to rephrase that for you:

Microsoft (wearing that bizarre hair-style): "Help us Obama-Wan Kenobi, you're our only hope!"

Sorry, couldn't resist

Lol. Mental image is strange.

OT: people are still buying those things?

 

[KeyMaster45]

I groan every time I hear "intellectual property" because it's usually followed up by some corporate asshattery and further evidence that copyright laws are just freaking broken.

 

[LostintheWick]

Haha, that judge is retarded. They all are. IP is more important than consumer rights... WRONG! IP's exist to protect the consumer as much as they do the person who came up with an idea. I mean, lets face facts though, Microsoft is making that argument for them and not the consumer. If you are familiar with MS outside the realm of Xbox systems, you know this already. Enforcing this restriction would only increase the cost of the system. As others have said, better get ready for the new Xbox.

M$ infringed Motorola's patent, thus IP. So, the consumers, whose rights are to be "protected" by the IP - as per your logic - are Motorola's consumers, not Microsoft's ... Therefore, the judge's reasoning of Motorola's IP being more important than Microsoft's consumers is perfectly valid.

IP's protect consumers by not allowing cheap knockoffs to be sold to a consumer that bear the name of the original creation. Inhibiting the production of a device does not protect consumers at all in this case. Especially since, from a consumer perspective, MS is not laying claim to the creation of a device as much as they are simply using a device. It's one of those catch 22's of IP laws. In this case it's not in the consumers interest for the device to not be sold. It's probably one of the few times MS and consumer values are in perfect alignment. Furthermore, Motorola's consumers are not harmed by the use of the Xbox360. People are not choosing to pick either the Motorola or MS version of a product.

Really, the problems is that no one should be trying to inhibit sales or productions of a device. That will only serve to harm the consumer, create artificial shortages, and drive prices up. Everyone should just learn to be adults about this kind of thing. MS should admit their shortcomings and offer Motorola money for the use of their IP. Motorola in turn should not be trying to force MS to stop production and sales of Xbox360's.

So you think that because the Xbox is popular and loved then MS should be allowed to break the law? I don't care how you spin it, the court has determined that they used the codec illegally and now their crying fowl for being caught out and punished for it. The IP laws are there for a reason, and while they can be anoying at times this is an example of why they are there, to stop a big company like MS from making money off someone elses work (Motorola). That boys and girls, is called stealing.

Gotta jump in here: I think what is being said is that stopping the sales of the console is unnecessary. There are better ways of setting this straight and making things right. Ways that wont hurt the consumer.

 

[Alandoril]

Upset about blocking the import of the console to America? Yeah, well then they should stop being such greedy profit-mongers and have the console built in the States.

The manufacturing sectors of 1st world countries need all the help they can get.

 

[bootz]

wow I never new Microsoft stole technology. It's only ok to steal if you have monies

 

[Nuke_em_05]

It's funny how Microsoft is against copyright infringement when it comes to games, but has been the #1 example of that in the computer tech industry since, well, there has been a "computer tech" industry.

It doesn't make Microsoft or "pirates" "right", it's just funny.

For those who think IP/copyright/patents etc are about the consumer: nope. In this case, it is about: Motorola spent money, who knows how much, to research and develop the tech behind these components. IP gives them the right to sell that tech exclusively so they can recover the cost of developing it; not just the cost of units of production. When Microsoft uses that tech, without having incurred the cost of developing it, and without licensing it from Motorola, they are cheating Motorola out of recovering the cost of developing that tech.

The idea behind it is to keep innovation going. What incentive would developers have to spend resources on developing new tech if they couldn't recover that cost? If someone could just use that tech as soon as it was developed without compensating the original developer, they couldn't recover that cost. Hence, IP law.

 

[RicoADF]

Haha, that judge is retarded. They all are. IP is more important than consumer rights... WRONG! IP's exist to protect the consumer as much as they do the person who came up with an idea. I mean, lets face facts though, Microsoft is making that argument for them and not the consumer. If you are familiar with MS outside the realm of Xbox systems, you know this already. Enforcing this restriction would only increase the cost of the system. As others have said, better get ready for the new Xbox.

M$ infringed Motorola's patent, thus IP. So, the consumers, whose rights are to be "protected" by the IP - as per your logic - are Motorola's consumers, not Microsoft's ... Therefore, the judge's reasoning of Motorola's IP being more important than Microsoft's consumers is perfectly valid.

IP's protect consumers by not allowing cheap knockoffs to be sold to a consumer that bear the name of the original creation. Inhibiting the production of a device does not protect consumers at all in this case. Especially since, from a consumer perspective, MS is not laying claim to the creation of a device as much as they are simply using a device. It's one of those catch 22's of IP laws. In this case it's not in the consumers interest for the device to not be sold. It's probably one of the few times MS and consumer values are in perfect alignment. Furthermore, Motorola's consumers are not harmed by the use of the Xbox360. People are not choosing to pick either the Motorola or MS version of a product.

Really, the problems is that no one should be trying to inhibit sales or productions of a device. That will only serve to harm the consumer, create artificial shortages, and drive prices up. Everyone should just learn to be adults about this kind of thing. MS should admit their shortcomings and offer Motorola money for the use of their IP. Motorola in turn should not be trying to force MS to stop production and sales of Xbox360's.

So you think that because the Xbox is popular and loved then MS should be allowed to break the law? I don't care how you spin it, the court has determined that they used the codec illegally and now their crying fowl for being caught out and punished for it. The IP laws are there for a reason, and while they can be anoying at times this is an example of why they are there, to stop a big company like MS from making money off someone elses work (Motorola). That boys and girls, is called stealing.

Gotta jump in here: I think what is being said is that stopping the sales of the console is unnecessary. There are better ways of setting this straight and making things right. Ways that wont hurt the consumer.

I retract my statement if that's the case. Although stopping the sale of the offending item is standard proceedure, so as anoying as it is, I still stand by the fact that the courts have done the right thing, anything less would be letting MS off easier than the rest.

 

[Aardvark Soup]

God this is stupid. Copyrights held on widely used formats only hurt the consumer and limits the format's distribution itself.

I groan every time I hear "intellectual property" because it's usually followed up by some corporate asshattery and further evidence that copyright laws are just freaking broken.

This isn't about copyrights but about patents. These two are actually pretty different: copyright is something you gain automatically when creating a 'creative work' and gives you the right to determine how that work is distributed. A patent, on the other hand, is something you buy to temporarily protect (or, more accurately, prevent anyone from using or making) an invention which you don't even have to have made yet.

At least this is the case under European (more specifically, Dutch) law; but I assume the distinction is similar in the US.

 

[alj]

See this is why you should not be allowed to patient software. Microsoft are the worst at this kind of practice, now they will see how stupid this practice is.

As soon as we get rid of software patients the better.

Whist we are at it corporations that buy up patients simply to try to extract money form other should be illegal.

 

[Kurt Cristal]

Gov't infringing on the free market? SHOCKING.

 

[=y]

Spoiler: I've got popcorn

This is fun to watch. Would Microsoft have to alter the 360 dramatically if the ban was made in effect in North America?

 

[The Funslinger]

"You can't stop us from doing what we like, it's bad for the consumer"

"Do you actually think I'm going to fall for that?"


Also now that this is over does that mean that they can let the German injunction go through?

Just because Microsoft fucked up doesn't mean we should all suffer the fallout.

They've started paying 33 cents to Motorolla per unit. Surely just add a big cash payout on top of that, and everybody wins, without taking xbox away.

 

[Baresark]

snip

snip

IP's protect consumers by not allowing cheap knockoffs to be sold to a consumer that bear the name of the original creation. Inhibiting the production of a device does not protect consumers at all in this case. Especially since, from a consumer perspective, MS is not laying claim to the creation of a device as much as they are simply using a device. It's one of those catch 22's of IP laws. In this case it's not in the consumers interest for the device to not be sold. It's probably one of the few times MS and consumer values are in perfect alignment. Furthermore, Motorola's consumers are not harmed by the use of the Xbox360. People are not choosing to pick either the Motorola or MS version of a product.

Really, the problems is that no one should be trying to inhibit sales or productions of a device. That will only serve to harm the consumer, create artificial shortages, and drive prices up. Everyone should just learn to be adults about this kind of thing. MS should admit their shortcomings and offer Motorola money for the use of their IP. Motorola in turn should not be trying to force MS to stop production and sales of Xbox360's.

So you think that because the Xbox is popular and loved then MS should be allowed to break the law? I don't care how you spin it, the court has determined that they used the codec illegally and now their crying fowl for being caught out and punished for it. The IP laws are there for a reason, and while they can be anoying at times this is an example of why they are there, to stop a big company like MS from making money off someone elses work (Motorola). That boys and girls, is called stealing.

I have never said that is my position at all. My position is that this is not an action that protects any consumers, but in facts can harm the consumers of potentially both companies. My official position is that MS should pay them money for use of their product, and in turn Motorola should stop trying to mess with MS ability to produce and distribute their game system.

Also, while the judge has given his recommendation, what no one seems to realize is that a judge does not make laws. He is confined by the letter of the laws he passes judgement on. So, it is this judges opinion that the people who determine these things should carry out a certain action. He is not the deciding factor on this. The reason I said he and so many of his ilk are "retarded" is because judges often times confuse a moral issue for a legal one. In this case, the Judge has clearly looked at this case with blinders on and is looking at this in the narrowest possible way.

Also, for the record, I do not even own a 360. And if I did, this wouldn't affect me at all. But as a potential future purchaser of an Xbox360 (though it's not very likely), it benefits me to have this available to me. I of course want to see things taken care of properly though. I want Motorola to get what they need in this, which is of course some kind of monetary reparation. I also would hate to see MS inhibited from distributing their products because of this. And contrary to what people like to believe, this case has not been decided yet. A judge gave his recommendation is all.

One thing that drives me nuts about these forums is that people seem to think what they read here is definitive. I almost feel like this isn't even a worthwhile update since it resolves nothing. We know from previous articles that this judge already sides with Motorola.

/end rant

 

[octafish]

"You can't stop us from doing what we like, it's bad for the consumer"

"Do you actually think I'm going to fall for that?"


Also now that this is over does that mean that they can let the German injunction go through?

Just because Microsoft fucked up doesn't mean we should all suffer the fallout.

They've started paying 33 cents to Motorolla per unit. Surely just add a big cash payout on top of that, and everybody wins, without taking xbox away.

Obviously 33 cent per unit is not enough for Motorolla. Fair enough considering the amount of units sold already and the massive decline in sales over the last few years. I figure the payment will come before the consumer is too badly affected.

Is anyone elso doubtful that MS have developed new codecs for their next gen console?

 

[Bloodysoldier]

Nothing surprises me with M$. Did we forget how M$ started? Theft is one of they're biggest main pillars that keeps it afloat.

 

[blackrave]

Oh, no
How will I live with this tragedy
Wait a minute- I'm one of the glorious PC master race, so it doesn't affect me
A good day to be playing PC