Supposed possible ban of the Xbox 360 in the USA?

#1 Posted by big_jon (5723 posts) -
#2 Posted by Dagbiker (6964 posts) -

The xbox wont be banned, the judge recommended stopping the sale of the Xbox.

#3 Posted by devilzrule27 (1239 posts) -

It will get settled out of court at some point.

#4 Posted by MariachiMacabre (7076 posts) -

Not a chance in hell anything comes of this.

Online
#5 Posted by Scrawnto (2440 posts) -

If it comes down to it, Microsoft will give Motorola a pile of money to drop the suit or to license the patents, and life will go on. They won't just stop selling the Xbox.

#6 Posted by Silver-Streak (1346 posts) -

@devilzrule27: Possibly. Although people thought the same thing when Motorola pursued it overseas. They pursued it and won in Germany, though, and the only reason it's not fully banned there yet is because the Judge asked Motorola to wait until the Seattle case is settled.

#7 Posted by big_jon (5723 posts) -

@Eujin: Germany has it out for games though.

#8 Posted by Silver-Streak (1346 posts) -

Hmm...after some googling, looks like the patent infringement only has to do with the Slim models. Although, that could just be because they're the only ones in production still.

#9 Posted by McGhee (6094 posts) -

If it forces them to start on the next Xbox, then I'm all for it.

#10 Posted by TentPole (1858 posts) -

Will never happen.

#11 Posted by TooWalrus (13161 posts) -

Don't be stupid.

#12 Posted by WilliamHenry (1202 posts) -

@McGhee said:

If it forces them to start on the next Xbox, then I'm all for it.

Yea, because they totally still haven't started work on the next Xbox right? Its only due out in the next year or two. Whats the rush? Work on the next Xbox has been underway practically since the 360 launched.

#13 Posted by benpicko (2005 posts) -

@TentPole said:

Will never happen.

It got banned in Germany didn't it?

#14 Posted by TentPole (1858 posts) -

@benpicko said:

@TentPole said:

Will never happen.

It got banned in Germany didn't it?

If you think there is a chance of sales being blocked in the states then you are terribly naive.

#15 Posted by MikkaQ (10283 posts) -

Goddamned patents are still the worst things to happen to science and technology.

#16 Posted by big_jon (5723 posts) -

@TentPole said:

@benpicko said:

@TentPole said:

Will never happen.

It got banned in Germany didn't it?

If you think there is a chance of sales being blocked in the states then you are terribly naive.

If you really believe that the unexpected can never happen then you sir are more naive.

#17 Posted by CrazyBagMan (841 posts) -

Jack Thompson is somewhere laughing at how silly this is.

#18 Posted by devilzrule27 (1239 posts) -

@Eujin said:

@devilzrule27: Possibly. Although people thought the same thing when Motorola pursued it overseas. They pursued it and won in Germany, though, and the only reason it's not fully banned there yet is because the Judge asked Motorola to wait until the Seattle case is settled.

Except the small German market isn't as valuable as the entire US market. It's just like when Sony was threatened with a suspension of sales in all of the EU when they were in the middle of their legal battle with LG.

#19 Posted by Count_Zero (301 posts) -

@Scrawnto said:

If it comes down to it, Microsoft will give Motorola a pile of money to drop the suit or to license the patents, and life will go on. They won't just stop selling the Xbox.

I dunno - I'm getting the distinct impression that Motorola isn't inclined to either drop the suit or license the patents - they're out for blood. Anyway, this law blog went more in depth, and apparently there are three layers of appeal left - there's the ITC commission recommendation. There's then a 60 day opportunity for the President to consider it, and if all else fails, it can be sent to the Federal Court of Appeals. I don't know if the Supreme Court can hear cases like this one.

#20 Posted by beej (1674 posts) -

@Count_Zero said:

I don't know if the Supreme Court can hear cases like this one.

No.

Even if they could they'd never actually agree to hear it, this is just more squabbling between businesses.

#21 Posted by Scrawnto (2440 posts) -

@Count_Zero: What would Motorola gain from killing a seven year old game console? I don't see how that would be a better option for them then licensing the patents. If they were trying to kill Windows Phones or another competing product, that might make more sense, but I don't see what motivation they have to refuse to settle out of court.

#22 Posted by Count_Zero (301 posts) -

@Scrawnto said:

@Count_Zero: What would Motorola gain from killing a seven year old game console? I don't see how that would be a better option for them then licensing the patents. If they were trying to kill Windows Phones or another competing product, that might make more sense, but I don't see what motivation they have to refuse to settle out of court.

I don't know. There may be something that Motorola knows that we don't. Maybe they're making an example out of Microsoft to force everyone else who uses the H.264 codec to pay them large sums of cash.

However, going from the damages Motorola was pushing for - particularly 100% of the value of all unsold Xbox 360s (which the judge scaled back to 7%), I think they're not inclined to settle. If they were, blocking the sale of all Xbox 360s (essentially giving Microsoft's game division - if not Microsoft as a whole - a sucking chest wound) in the US is enough damage to push Microsoft for a settlement on its own, without twisting the knife over any percentage of the value of unsold 360s.

#23 Edited by yoshisaur (2701 posts) -

I seriously fucking hate patents, they cause so much headache it's ridiculous.

#24 Posted by Count_Zero (301 posts) -

@ck1nd said:

@Scrawnto said:

If it comes down to it, Microsoft will give Motorola a pile of money to drop the suit or to license the patents, and life will go on. They won't just stop selling the Xbox.

^^

I think it would be kind of silly to think the juggernaut of Microsoft would just let this happen.

Oh, and one of the thing that popped into my head - Microsoft and Motorola have several other lawsuits going on over Windows 7, Internet Explorer, and Windows Mobile - Motorola might refuse to go for the kill on the 360 to gain better leverage on the OS, Browser, and Mobile Fronts - in terms of settlement agreements ("I already killed your games division, agree to my terms or I'll kill your mobile division next.")

#25 Posted by Dad_Is_A_Zombie (1225 posts) -

This is just a pissing contest. Microsoft just won an injunction against Motorola recently. Turnabout is fair play. I imagine that both will say you drop your suit and I'll drop mine.

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