Microsoft Sued for Locking Out Third Party Memory Cards

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KB2A

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Sep 23, 2009
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its dissapointing that microsoft is banning the hardware its really anti competitive
 

Jaqen Hghar

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Feb 11, 2009
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I'm with Microsoft on this all the way. Especially if what Wofiel says about this case is true.
And I bet it is.
If Datel still wants to earn money on the Xbox, I bet all they need to do is to remove the part of their memory cards which makes it work on a computer. Make them identical in use to the ones Microsoft makes themselves, just with a larger capacity. I bet that would fly well with Microsoft, and they would probably make them work again.

But even if they didn't this is fully OK. I hope Microsoft wins the case.
And this is not because I am a massive Microsoft fanboy or something. I just view this as it is. Microsoft have the right to do this. And they should, especially if the cards help piracy and cheating.
 

Cid Silverwing

Paladin of The Light
Jul 27, 2008
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Sparrow said:
Man, is this Lawsuit November or something? Can't people learn to solve their differences the proper way?

Like, a street fight?
Hardly a better solution, even if you were being sarcastic.
 

Samurai Goomba

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Oct 7, 2008
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Microsoft was founded on the idea that if you create something, you can be the sole vendor of that thing for as long as possible and have a near-perfect monopoly.

Now they are just expanding that to cover other electronic devices. What's the big surprise?

It's well-known that third-party cards usually suck, but most other game companies at least allow (tolerate) off-brand companies to develop alternatives for the customer. I don't see how keeping a third-party company from making memory cards affects piracy in ANY way (modders or pirates will use hard drives and writable discs instead of memory cards, anyhow), but this absolutely affects M$' ability to squeeze every last dollar out the consumer by forcing them to shop for cards at Microsoft and nowhere else.
 

Samurai Goomba

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Avykins said:
Treblaine said:
It was THEIR product until they sold it to me. I didn't rent it, I don't have to return it after a certain period, it is MINE. Copyright and patent laws stop me duplicating it but shouldn't stop me doing anything to it.

Now a service like XBL does have reasonable and legal terms of service, but something like memory capacity has nothing directly to do with the proper running of XBL so they have no justification to ban them for using Datel memory cards or anything else.
You have use of the 360 as is. You do not have the right to mod it. If you do they can ban you from their services. Same as if you mod it in any way you void your warranty. It is all in the eula hence why modders are now banned from XBL. Also you are not making money off it. That is why people can make free fan mods and get away with it under fair use. If you try to sell a fan mod then companies can sue the crap out of you.
Datel is making money off of another companies item without written permission.
They do not stand a chance in this lawsuit.
Maybe not, but there's been an unspoken agreement for years now that companies like Datel can make accessories for systems they don't own. None of the main video game companies seem to openly endorse this, but up until now I hadn't heard of any of them being strictly against it. I mean, goodness sakes, I've seen 3rd-party memory cards around since the birth of memory cards themselves!

It's sort of like if all of a sudden anyone who went a mile over the speed limit or jaywalked got a ticket. It's technically illegal, but people have been doing it for years and it's totally commonplace.

Legally they might be in the wrong, but third-party support seems pretty essential (to me) in keeping a system alive. All those useless system decoration options and pointless crap keep shallow people paying attention to the console, and if a company refuses to provide a decent-sized memory card, they should have the decency to allow somebody else to make it and simply charge a small fee.
 

Doug

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Apr 23, 2008
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The_root_of_all_evil said:
Yeah, Microsoft may be able to ban people, but ban third-party hardware? Now that's just getting greedy.
Indeed. They'll have a harder time justifying that, given they have a monopoly over memory card units. And if US law is like UK and EU law, monopolys are a big no-no
 

Brotherofwill

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Jan 25, 2009
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Sparrow said:
shewolf51 said:
Sparrow said:
Man, is this Lawsuit November or something? Can't people learn to solve their differences the proper way?

Like, a street fight?
With knives?
I was thinking more like the end of Rocky 5
I was thinking more like the end of West Side Story.

Oh yeah, I really didn't know the 360 still has memory cards. Why doesn't it save on the hard-drive?
 

Dudeakoff

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Jul 22, 2009
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The "it's there hardware" argument doesn't work because they sent out the message that 3rd party memory cards are allowed by allowing them to work on the hardware in the first place. When a company starts producing those cards (which costs a lot of money) and Microsoft turns around and makes them unusable, that's sabotaging a company.

Oh and piracy? I thought they just burned games onto disks and put them in a modded xbox?

Cheating in online games should be prevented via a very good anti-cheat system (seeing as the option of dedicated servers on Xbox is made out to be stupid for some reason).
 

Volucer

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Sep 4, 2008
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While I don't agree with what Microsoft's done, it is pretty depressing to look at the news forum and see every other story be "this person/group is suing so-and-so", seems to be that suing people is a new trend, and from the looks of it is mostly unfounded (eg. PS3 gamer who tried to sue because he was banned for being a douche online)
 

TZer0

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Jan 22, 2008
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rainman2203 said:
This sounds like something Mac would do, though I can't say I'm surprised Microsoft would as well.
MS has done it before, Apple is doing it at the moment (in a smaller scale).
 

Georgeman

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Mar 2, 2009
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Yay! Monopoly: Microsoft Edition Revision 666!

[sub]and[/sub]

Microsoft: Happily killing competition ever since the 1980s.

It's good to see that Microsoft hasn't changed after all. ^_^
/extreme sarcasm
 

Ben Legend

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Apr 16, 2009
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Sparrow said:
shewolf51 said:
Sparrow said:
Man, is this Lawsuit November or something? Can't people learn to solve their differences the proper way?

Like, a street fight?
With knives?
I was thinking more like the end of Rocky 5
But with lightsabers? =D

On a serious note... what the hell microssoft, I think they're on a road trip to piss off as many people as possible.
 

scarletfox

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Nov 24, 2009
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Dudeakoff said:
Cheating in online games should be prevented via a very good anti-cheat system (seeing as the option of dedicated servers on Xbox is made out to be stupid for some reason).
and yet, you still see cheaters on XBL... watching people with aimbots in FPS games (like cod4, waw, mw2, etc...) is awesome. >.>
 

Wicky_42

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Sep 15, 2008
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Avykins said:
Okay so before I start I must explain. I personally hate this shit. I do think MS are just being assholes for locking out memory cards and 3rd party harddrives too.
However. The 360 is their property right? So if they want to lock out shit that others are making for their product should they not legally be able to?
Is Datel paying them a percentage for sales of their items which is clearly designed for MS's product?
Basically what I am saying is that datel is making money only because of the 360. Why should they be able to get away with that without at least having to pay something to MS?
Dirty Apple said:
I'll be interested to find out how this turns out. I'm not sure what copyright and IP law says, but you'd think that since its their own proprietary system that they can decide what works with it and what doesn't. Please correct me if my asumption is way off.
Aura Guardian said:
scotth266 said:
I'm of two minds here. The first is that monopolies are bad (DUR), but the second is that the code might not have been made strictly for anti-competition purposes: but rather, for some anti-piracy reason.

More info is needed as to the reasons behind the inclusion of the code before I can make any judgments on the matter.
Now if Nintendo did it right, then no more homebrew hackers spoiling my Online gaming.

I'm on Microsoft side.
MS was sued and lost over including anti-virus and web browsers in its operating system, the argument being that it meant the majority of users never even knew there were alternatives and thus stifling competition. It's been a long-standing tradition on consoles that third-party peripherals and the such like are available and accepted by the market - you don't need a license to put dashboard ornaments in your car or upgrade the tyres just as you shouldn't need a license to produce a better memory card than MS does. With all the cash they have I'm surprised MS hasn't made bigger cards already :/

Do savegames affect online play? I doubt it, and even if a minority of gamers are cheating in their games that's no excuse to hit a rival company - I thought that's what the last wave of bans was for. There's basically not enough of a case here to ban a save game storage unit on grounds that it will prevent cheating, especially as I'm sure that it would mostly affect single-player anyway, and who cases how people play a single-player game?

Basically, if MS can loose by reducing competition through bundling its own software with its own OS, then it can loose by actively attacking a competitor's superior hardware. I don't see any valid defence here.
 

Tharwen

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May 7, 2009
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Sparrow said:
Man, is this Lawsuit November or something? Can't people learn to solve their differences the proper way?

Like, a street fight?
Or an epic Modern Warfare team deathmatch!
 

superpoo92

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Sep 10, 2008
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sorry this is off topic but i dont know if this just my xbox being shit but i cant play any of my arcade games unless i'm connected to live which is annoying cause now me and my mates cant play marvel vs capcom, trials etc unless my xbox is in a certin room. Also everytime i want to watch a video i have to watch it on zune which updates everytime i go on it and takes about 2 mins to load.
 

teh_gunslinger

S.T.A.L.K.E.R. did it better.
Dec 6, 2007
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Wofiel said:
teh_gunslinger said:
Yes, but if people want to mess with there own save games I can't see that as a problem. I recently realised that my character in Baldur's Gate had been rolled wrong due to my own stupidity so I took an editor and changed him from one school to another. Hardly a huge issue.
Now it may be that people cheat in their games on 360 but I still can't see the problem. If I wanna cheat I cheat. It's my game after all and my enjoyment. (It should be added that I don't cheat).
Well now with the advent of online play, something not found in your Baldur's Gate example, your savegames are now subject to Xbox Live's Terms of Use, whether on not it actually uses online play.

You may not:
- use or distribute unauthorized cheats, macros, or scripts; or
- exploit a bug, or make an unauthorized modification, to any software or data to gain unfair advantage in a game , contest, or promotion.
Alright. Thanks. As I said, if it had to with XBL it was a different matter. And not having a 360 myself I don't know the terms. Good info.
 

kinky257

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Apr 15, 2009
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The only real difference between this law suit and their previous one they lost over windows being hard to put competitive programs on is the existence of the DMCA. I wonder if they'll invoke it, stating that it aids and abets piracy by allowing easy interface between computers and Xboxes (I was under the impression that it was pretty easy already?). Also isn't this pretty similar to the Nintendo R4i cart lawsuit? Yet every one was lining up behind Nintendo on that one (though i guess the almost expressed use of the R4i is piracy, where as these ones do at least have some legitimate uses).