Wednesday, May 23, 2012
Is the X-Box 360 doomed to an early grave?
The X-Box 360 lately has been enjoying a nice success the Wii had early this generation. But it seems Motorola's lawsuit against Microsoft's X-Box 360 over a patent violation may end up shaking Microsoft. But what patent?
A judge has recommended that the Xbox 360 be banned in the US.
Courthouse News reports that Judge David Shaw said the International Trade Commission should use a cease and desist order to ban imports of the Xbox 360 Slim 4GB and 250GB models into the US because, in his view, they infringe on four patents owned by Motorola.
He also wants Microsoft to post a bond equal to seven per cent of the value of unsold Xbox 360s in the US.
The patents at the heart of the dispute revolve around how the Xbox 360 decodes video content. Motorola claims ownership on the tech powering this.
Video Content. It's all about Video Content. Besides, who plays a video game system for video games nowadays? But here is Microsoft's rebuttal.
Reacting to this latest decision, Microsoft argued the ban would not serve the public interest because it would leave consumers with only two home console options: the PlayStation 3 and the Nintendo Wii. But the judge rejected the claim, saying it was more important to enforce intellectual property rights. Plus, he wasn't convinced Sony and Nintendo wouldn't be able to meet increased demand.
Come on David Shaw. What are you doing getting in the way of the free market principle? Microsoft has a clear excuse and you chose to feed it to your pet bear. But it seems there's more to Motorola's lawsuit than meets the eye. As it stands, Motorola is suing another client: Apple over its iPhone systems.
Microsoft said the suggested seven per cent bond was unnecessary, and recommended it be reduced to 2.5 per cent. Motorola wants it increased to a whopping 100 per cent of the value of the unsold Xbox 360s.
100 Per Cent? What is this, the Motorola X-Box 360? I thought it was done by Good Ol Microsoft. Next thing you'll know, Windows will become a Motorola product.
So, it seems a Judge's ruling says that "Microsoft is under a violation and must be banned in America for the sake of Motorola. Now what?
So what happens next in this long-running, complex patent dispute? If the ITC makes the judge's recommendation final, President Barack Obama will then have 60 days to review the decision. After that period expires, the next step is the Court of Appeals for the Federal Circuit.
NOOOO! Not Obama. Anyone but Obama.
Finally, one other Judge had this to say.
Earlier this month a US judge accused the warring factions of using the US District Court as "a pawn in a global, industry-wide business negotiation".
Judge James Robart said both sides were clearly "driven by an attempt to secure commercial advantage". "To an outsider looking at it, it has been arbitrary, it has been arrogant and frankly it has been based on hubris," he said.
Aww come on now. That's no way to treat the Free Market.
Works Cited:
Eurogamer
Apparently, there was a lawsuit against Apple by Motorola. You can rea some info on why it was sued at Foss Patents
And although Apple countered with its lawsuit
They're firing again with an even bigger lawsuit. Boy, aren't Lawsuits grand?
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