U.S. Judge Shoots Down Xbox 360 Ban

[Andy Chalk]

U.S. Judge Shoots Down Xbox 360 Ban

Motorola's effort to impose a ban on the Xbox 360 over a patent dispute with Microsoft has ended in failure.

Despite victories at a Frand [http://www.escapistmagazine.com/news/view/117394-Judge-Recommends-Banning-Xbox-Imports-to-the-US]-type innovations" and should therefore be licensed on fair, reasonable and non-discriminatory - hence "Frand" - terms.

Microsoft doesn't dispute that some sort of licensing fee should be paid, but the two companies are miles apart in what they consider fair and reasonable terms for the technologies in question. Motorola is seeking $4 billion per year in licensing fees, while Microsoft claims they're worth just $1 million. A court case to determine a fair licensing rate is currently underway; the judge also ruled that Microsoft will have to pay any outstanding fees determined by the jury once the case was complete.

Robart had previously criticized [http://www.escapistmagazine.com/news/view/117145-U-S-Judge-Delays-German-Xbox-Injunction] both Microsoft and Motorola for using the courts "as a pawn in a global, industry-wide business negotiation," adding, "To an outsider looking at it, it has been arbitrary, it has been arrogant and, frankly, it has been based on hubris."

Source: BBC [http://www.bbc.co.uk/news/technology-20594775]


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[Erttheking]

"Bows to the judge" thank you very much your honor.

 

[1337mokro]

I wonder how much Microsoft paid him to put it down.

It is the American legal system after all so corruption comes fairly cheap. Like that one rich guy who got dismissed for stabbing someone because the victim had kept on to the knife after the stabbing.

 

[bladester1]

This should have been the ruling with that Apple case against Samsung...

 

[Absolutionis]

$4 billion a year? Who do they think they are? George Lucas?

It's a new currency.

Motorola demands one Lucas per year for licensing.
Microsoft clearly thinks their XBox is only worth 0.25 milliLucas per year.

This should have been the ruling with that Apple case against Samsung...

Disagree.

Motorola is in the right here and the judge and Microsoft agree. The judge simply states that outright banning the XBox is unreasonable. Microsoft agrees towards licensing, but the disagreement is how much.

Apple is simply suing Samsung because their stuff looks vaguely similar, and Samsung just wants to be left alone.

 

[Bob_F_It]

$4 billion a year? Who do they think they are? George Lucas?

For $4B, I'd expect to own the technology, since that's kinda how much investment it takes to make it.

 

[gardian06]

$4 billion a year? Who do they think they are? George Lucas?

It's a new currency.

Motorola demands one Lucas per year for licensing.
Microsoft clearly thinks their XBox is only worth 0.25 milliLucas per year.

This should have been the ruling with that Apple case against Samsung...

Disagree.

Motorola is in the right here and the judge and Microsoft agree. The judge simply states that outright banning the XBox is unreasonable. Microsoft agrees towards licensing, but the disagreement is how much.

Apple is simply suing Samsung because their stuff looks vaguely similar, and Samsung just wants to be left alone.

on the last part yes, and no. Apple wants to shut Samsung down on the grounds of patent violation because every time Apple comes out and says "Hey we got this cool new feature" a Samsung phone can either already do it, or makes it look like a joke fairly quickly. not to mention that Apple only filed the case after Samsung reported that sales of their phones were not only gaining, but surpassing IPhone Sales.

This should have been the ruling with that Apple case against Samsung...

noooooooooooo.
Apple is just Patent trolling hardcore because "Samsung makes us look foolish"

 

[Shadow-Phoenix]

While I do agree with licensing and what not this has a good side to it because it means the console gets to stay around and it not being banned means less gloating from the supposed master race that likes to hang around these parts a lot.

 

[grigjd3]

This should have been the ruling with that Apple case against Samsung...

Disagree.

Motorola is in the right here and the judge and Microsoft agree. The judge simply states that outright banning the XBox is unreasonable. Microsoft agrees towards licensing, but the disagreement is how much.

I don't know that Motorola is being entirely reasonable here. The file format is a small part of the technology that has gone into the 360 and they are asking for a quantity of money that would put the 360 division into the red. I am also not entirely convinced that Motorola's patent on wifi connectivity would be considered valid when placed under full review. Anyhow, 4 billion is a clear case of price discrimination. They don't charge nearly that much in licencing fees to other companies that use the technology so the higher price for Microsoft represents an obvious grudge - much like Apple's assault on Samsung.

 

[RicoADF]

"Bows to the judge" thank you very much your honor.

Funny how they let Microsoft steal codecs but Samsung can be banned for looking the same as an Apple product. Seriously the double standards in the US are rediculas.

 

[Strazdas]

Once again US courts fails us. How is that relevant though. ITC and german court already done its ruling, the best US court is make xboxs unbanned in US only.

 

[Akisa]

Darn I was hoping there would be a ban to help push for new console.

 

[RoonMian]

Once again US courts fails us. How is that relevant though. ITC and german court already done its ruling, the best US court is make xboxs unbanned in US only.

Not exactly... Microsoft with the help of a US court used a loophole in German law to make the German court decision meaningless. Simplified a little: German court bans the XBox. US court prohibits Motorola from getting the German administration to actually enforce the ban. You can still get XBoxes over here in spite of the ruling.

 

[Lazy Kitty]

Well, it's not like Microsoft doesn't have enough money.

The captcha: "case closed", seems awefully fitting.

 

[Andy of Comix Inc]

"Judge shoots down..." Judge Dredd! Judge Dredd!!

"...Xbox 360 ban!"

Oh.

I'm sad now.

 

[Vault101]

While I do agree with licensing and what not this has a good side to it because it means the console gets to stay around and it not being banned means less gloating from the supposed master race that likes to hang around these parts a lot.

this has nothing to do with the infereiority of consoles as a gaming platform

its a legal issue

 

[dystopiaINC]

seems about right Microsoft has to pay to use the codec, that's fair. but Motorola is singling out Microsoft for way to much to license the codec. $4 Billion a year? how long has the xbox been out out, 8 years? so that would mean xbox would owe what $32 billion? and counting? that is unreasonable and other companies use the same codec for much less in licensing so why is Microsoft so expensive? that's the issue now and the courts are gonna look at it and decide.

 

[Steve the Pocket]

"Bows to the judge" thank you very much your honor.

Funny how they let Microsoft steal codecs but Samsung can be banned for looking the same as an Apple product. Seriously the double standards in the US are rediculas.

It's not a double standard; it's different judges making different rulings. Or do you want the entire country to be ruled by a single top-down system where one person makes every decision (a system you may know better as a "dictatorship") just for the sake of consistency?