Datel Gets Green Light for Microsoft Lawsuit

[Logan Westbrook]

Datel Gets Green Light for Microsoft Lawsuit

Third-party peripheral developer Datel's lawsuit against Microsoft will be allowed to proceed, after Microsoft tried to have it dismissed.

UK-based peripheral manufacturer Datel has been cleared to proceed with its lawsuit against Microsoft, after a US District Court denied Microsoft's motion to have the case dismissed.

The case centers on Datel's claim that Microsoft's decision to prevent unlicensed, third-party memory cards from working with the Xbox 360 was monopolistic, and prevented customers from exercising their freedom of choice.

The judge seemed to agree, and the case is going ahead. "We're gratified that the case will proceed and Datel looks forward to re-establishing the benefits of competition in the accessory market for all Xbox 360 users," said Daniel Asimow, a litigation director at Howard Rice acting on Datel's behalf.

Microsoft is suing Datel separately for allegedly infriging on a number of the company's game controller patents.

Source: Edge [http://www.edge-online.com/news/datel-free-to-push-ahead-with-microsoft-lawsuit]

(image [http://www.flickr.com/photos/minebilder/98391540])



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[drkchmst]

GOOD! Microsoft has gone too far by saying what one can and can't do with personal property and still expect to use their Live service. Datel was a legitimate company producing quality product, quality enough that it worked at least. I for one look forward to being able to by a cheap 50 dollar 250gig hard drive from Datel some day.

 

[KiruTheMant]

HELL YES.
This man deserves the best Prosecution Lawyer we can find.
...CALL EDGEWORTH.

 

[FactualSquirrel]

I disagree with that being monopolistic, it's their product, and it's their right to choose what peripherals are allowed for it (if that's the right word).

That's not to say I think Microsoft should, just that they can.

 

[Awexsome]

Best of luck to Datel. I pretty much whole-heartedly agree with the judge's/Datel's view on the whole matter. It's just a way to force people to only buy their own products and totally does create a monopoly with that kind of restriction.

 

[asinann]

Sweet, if this one makes it through we'll be getting 3rd party systems! If you can make peripherals, you should be able to make the system or you're monopolizing the money from selling the systems too.

 

[drkchmst]

There is a huge separation between peripherals and the heart of the system. The actual system is legitimate patented property that puts various IPs together to make it work. a controller is simply buttons and antennae. A memory card is not integral. Microsoft f'ed up when they pushed Datel out of the 3rd party memory market (which has been around since...oh when was the first memory card used?) simply bc it didn't have a Msoft stamp on it. Well excuse me Msoft for trying to sell FLASH MEMORY (which costs practically nothing these days) at a price point that makes sense. Not a 250 GB hard drive for over a hundred dollars GET REAL!

 

[duchaked]

I disagree with that being monopolistic, it's their product, and it's their right to choose what peripherals are allowed for it (if that's the right word).

That's not to say I think Microsoft should, just that they can.

I think I agree...I'd prefer to just get the Microsoft made controllers anyway
I have a Gamestop controller and it's pretty crappy

what really bothers me about Microsoft is just how creepy they are with taking our money
nothing new to any of y'all I'm sure
but a first rate experience is 1) purchasing a one month subscription through Xbox.com 2) trying to remove your credit card from your account

there's no one month option, only a monthly subscription that renews itself (it's cheaper to just buy in bulk like 3 months or 13 months one time). first you gotta FIND where to go (Google shows lotsa people having trouble with this part) and then go through several pages of propaganda to convince you not to turn off auto renewal lol

and removing your credit card well...hold on working on it

 

[PedroSteckecilo]

Oh good a REAL lawsuit. I thought Datel was suing Microsoft over something dumb involving Project Natal.

 

[Delusibeta]

I disagree with that being monopolistic, it's their product, and it's their right to choose what peripherals are allowed for it (if that's the right word).

That's not to say I think Microsoft should, just that they can.

The problem is that, in terms of the 360 memory card market, it is monopolostic. You have one choice: Microsoft. If you tried to use anyone else's memory cards, it won't work. This is monopolistic. This may also be why they discourage using an external hard drive of the spinning disc sort (claiming due to speed issues. According to a video by Rooster Teeth, this is BS. Haven't got a link right now, however.) and the 16Gb limit to the USB hard drives.

Plus, AFAIK the 360 is the only console actively block mainstream unofficial accessories.

 

[FactualSquirrel]

I disagree with that being monopolistic, it's their product, and it's their right to choose what peripherals are allowed for it (if that's the right word).

That's not to say I think Microsoft should, just that they can.

The problem is that, in terms of the 360 memory card market, it is monopolostic. You have one choice: Microsoft. If you tried to use anyone else's memory cards, it won't work. This is monopolistic. This may also be why they discourage using an external hard drive of the spinning disc sort (claiming due to speed issues. According to a video by Rooster Teeth, this is BS. Haven't got a link right now, however.) and the 16Gb limit to the USB hard drives.

Plus, AFAIK the 360 is the only console actively block mainstream unofficial accessories.

Yes, but, in my opinion, they created that market, and it is their product that the accesory is for, so they should have the right to choose. It's like, if you made a totally new instrument, that required a never before seen reed type thing that would have to be created for your instrument, then I think it should be your right to stop others from making it.

I would just like to again stress that I do not at all agree with Microsoft's blocking of other companies, I just think they should be allowed to if they want.

 

[Jared]

Will be intresting to see if they can break the monopoly which MS has...

 

[Dogstile]

Its really weird. On one hand i love the fact that many company's can make things for one console and breed competition. On the other hand, they MADE the console, letting others get money even indirectly through something you made is kinda like a dropkick to the face.

 

[Always_Remain]

Rah rah Microsoft deserves it. Rah rah go Datel. Whatever. They both are acting childish.

"Nooo I dun wan anyone making stuff for my system! I want all the monies!"

"Waaah that's unfair! You can't do that! Big judge man help me! Baaah!"

 

[Schneizel]

If these guys have a right to produce (and charge for) shit for the 360, doesn't that make the concept of intellectual property academic? For example, if Datel wins, doesn't that mean I have the right to write (and sell) a sequel to Harry Potter if I feel like it?

 

[Danpascooch]

HELL YES.
This man deserves the best Prosecution Lawyer we can find.
...CALL EDGEWORTH.

Are you kidding me?

Edgeworth ALWAYS loses. Microsoft will just get Wright, then he's screwed, (and Datel will somehow be convicted of murder)

But seriously, this lawsuit is for a great cause, but didn't Microsoft just update 360's so that 3rd party memory can be used again? Which means this whole case is now pointless?

 

[Danpascooch]

If these guys have a right to produce (and charge for) shit for the 360, doesn't that make the concept of intellectual property academic? For example, if Datel wins, doesn't that mean I have the right to write (and sell) a sequel to Harry Potter if I feel like it?

Not at all, you're analogy is so far off, I seriously can't figure out how to tell you whats wrong with it.

 

[Danpascooch]

Rah rah Microsoft deserves it. Rah rah go Datel. Whatever. They both are acting childish.

"Nooo I dun wan anyone making stuff for my system! I want all the monies!"

"Waaah that's unfair! You can't do that! Big judge man help me! Baaah!"

"Big judge man help me!"?

sounds like you have a problem with lawsuits in general, not this specific one, also, that's a pretty immature attitude.

 

[Danpascooch]

I disagree with that being monopolistic, it's their product, and it's their right to choose what peripherals are allowed for it (if that's the right word).

That's not to say I think Microsoft should, just that they can.

The problem is that, in terms of the 360 memory card market, it is monopolostic. You have one choice: Microsoft. If you tried to use anyone else's memory cards, it won't work. This is monopolistic. This may also be why they discourage using an external hard drive of the spinning disc sort (claiming due to speed issues. According to a video by Rooster Teeth, this is BS. Haven't got a link right now, however.) and the 16Gb limit to the USB hard drives.

Plus, AFAIK the 360 is the only console actively block mainstream unofficial accessories.

Yes, but, in my opinion, they created that market, and it is their product that the accesory is for, so they should have the right to choose. It's like, if you made a totally new instrument, that required a never before seen reed type thing that would have to be created for your instrument, then I think it should be your right to stop others from making it.

I would just like to again stress that I do not at all agree with Microsoft's blocking of other companies, I just think they should be allowed to if they want.

The thing is, when the console came out it didn't have those restrictions, so it's not them controlling the market on memory usage for the 360 from the start, it makes it look as though they got rid of it in order to kill all of the existing competition (which they totally did)

so it's monopolistic.