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Motorola wins Xbox and Windows 7 ban in Germany

BBC News writes: "Motorola Mobility has been granted an injunction against the distribution of key Microsoft products in Germany.

The sales ban covers the Xbox 360 games console, Windows 7 system software, Internet Explorer and Windows Media Player.

It follows a ruling that Microsoft had infringed two patents necessary to offer H.264 video coding and playback..."

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Paradicia2241d ago (Edited 2241d ago )

Not much to this, Motorola can't enforce it and Microsoft will be appealing anyways. All the real action is going to be in the US proceedings.

Directly from the article: "A US court has banned Motorola from enforcing the action until it considers the matter next week."

Yep.

Edit: @ TCH CELL

Thanks for that pearl of wisdom.

RedDragan2241d ago (Edited 2241d ago )

America has no jurisdiction in Europe, and thus Motorola can enact the ban with immediate effect if they wanted to and because of trade rules, America cannot punish Motorola in any way. Especially since Motorola has a European HQ set up in London which means Mr Obama carries as much influence as a squatted horse **** fly.

There is too much for America to lose to go up against Europe, America needs as much trade as possible and cannot afford any more trade embargo's to be placed upon it by the EU. There are too many of those already and it is hurting America more than Europe.

US Courts are powerless no matter what propaganda it is trying to create, they tried to stop Airbus and didn't work and then they tried to stop american airliners from paying the EU tax and that didn't work.

What makes you think Motorola will buck the trend and listen to the US Courts for this particular case when all other American companies before it stuck two fingers up at Washington and basically said "Europe said it is their land and their rules and we have to abide by it if we want to do business there, so we are doing it"?

And PS. They have already successfully applied the ban in Australia despite America saying no, America did nothing when Motorola enacted that ban there.

Montrealien2241d ago

This is not Aoronautics, this is stupid software patent infringment wars, an it needs to stop, not matter where in the world it is.

Kurylo3d2240d ago

"Motorola is prohibited from acting on today's decision, and our business in Germany will continue as usual while we appeal this decision and pursue the fundamental issue of Motorola's broken promise."

So no... microsoft isnt stopping yet.

pixelsword2240d ago (Edited 2240d ago )

I feel sorry for the players and users, not for any corporation whether it be Motorola or Microsoft.

Granted, some of the people who sued did it for bogus reasons and should be punished, but Sony and Microsoft have been rightly sued many times for blatantly ripping-off people's tech because they figure that it would be less expensive in the long run to steal and settle in court rather than pay up front like a legitimate business. I hate that because it's like some greedy bully beating up some weaker kid on a playground because he figures that the weak kid's very pricey lunch he steals now will be worth the weak payback called detention that he will receive later; that is if the bully can't talk his way out of it or if the bully shares some of the lunch with the principal (bribe, corporate "donations", etc.).

Meanwhile, the weak kid starves even though he rightly had a lunch...

BitbyDeath2240d ago (Edited 2240d ago )

"And PS. They have already successfully applied the ban in Australia despite America saying no, America did nothing when Motorola enacted that ban there."

Got a link to this? I live in Australia and this is news to me.

MadMen2240d ago

You obviously missed the boat reddragan;

READ** - Very key to articles FYI

"Motorola is prohibited from acting on today's decision, and our business in Germany will continue as usual while we appeal this decision and pursue the fundamental issue of Motorola's broken promise."

KMCROC542240d ago

Cause they still have asset on their home sole of America, so meaning thier are laws that can be enforced on them here in the states.besides i don't think Motorola would like to lose all the business they do with athletic teams here like say the NFL, MLB, colleges teams.

miyamoto2240d ago

Yeah, when Microsoft sued Samsung, HTC, Acer, Asus, and every smaller non-American tech Americans say its okay they deserve to be sued.
@ Montrealalien

Montrealien2240d ago

it's just as stupid axel, don't try to turn this into a childish MS vs Sony debate. Software patents suits are out of control, nuf said.

here, read up on it a little...

https://docs.google.com/vie...

+ Show (5) more repliesLast reply 2240d ago
r1sh122241d ago

All of the 'IP wars' are getting stupid now.
Its literally become a free for all for lawsuits.
I mean look at apple and samsung.

The ban on motorola is only for the US, but companies are just buying up patents so they can sue someone who is infringing them.
Oracle Vs Google, this list is getting bigger by the day.
I think the term for it is 'IP squatting'

Although I think recently all the big tech giants signed up to some sort of fair play bill or treaty where they can continue to use the IP's in question under some regulation or use of licence or something.
I cant exactly remember but im sure google can tell you.

IaMs122240d ago

to stop this IP squatting, the buyer of the IP should show proof that it will be used, if they cannot, they shouldnt be able to buy it.

GamingPerson2241d ago ShowReplies(7)
honkyjesus2240d ago

Thank you for your pearl of wisdom/didn't read.

ChrisW2240d ago

MiLKJDO,

"Not much to this..."

Because the ban is only in Germany, where anyone can get anything banned. Just look at the iPhone and also the Samsung Galaxy Tablet situations. People go to German courts because it is easy to dupe the judges with out providing the actual product as proof.

+ Show (2) more repliesLast reply 2240d ago
THC CELL2241d ago ShowReplies(3)
aviator1892241d ago (Edited 2241d ago )

Honestly, I hope Europe finds Motorola abusing their FRAND patents this time, this is getting just ridiculous. Charging nearly 4bn dollars annually for FRAND patents, how could anyone have expected MS to actually comply with those terms.

Sure, they have to pay a dollar figure, but aren't FRAND patents under law to be charged with reasonable terms? 4bn annually does not sound reasonable to me.

Or just reform the damn patent system, it's getting to the point of beyond ridiculous now.

Letros2241d ago (Edited 2241d ago )

Moto just posted another $85 m loss, desperate measures here, EU and DoJ will not allow them to exploit these FRAND patents, that was one of the terms Google had to agree to when purchasing them.

DivineHand1252240d ago

Microsoft was the first one to sue Motorola because they suspected that Motorola was charging them a much higher price than other companies.

http://kotaku.com/5686042/m...

Motorola then counter sued Microsoft because Microsoft was using the technology without paying for it. Hence the reason Motorola requested that the products that were using these Technology be banned until a settlement has been made.

http://kotaku.com/5717310/m...

Patriots_Pride2241d ago (Edited 2241d ago )

The real corp to blame is Google - I know Steve Jobs got alot of hate becuase of Apple sueing everyone but what people do not realise is that Google started this sueing thing and Apple decided to play fire with fire.

I hope to god that the saying Google will one day rule the world does not come through.

glopez2241d ago

Guys, when people here complain about having to pay for Xbox live, what's the consensus? "If you don't like the price don't use the service!" Well Microsoft is just getting its due. Remember karma exists. What goes around comes around. Its just Microsoft's turn to pay up. If they don't like it, " don't use the service."

TheLyonKing2241d ago

Finally there is justice, I can't understand why microsoft thought it was above the law.

Fishy Fingers2241d ago

Finally there is justice? LOL... dramatics.

TheLyonKing2241d ago

Not really its very annoying when a company thinks it can dodge out on payments, I have no quells agaisnt microsoft but what they did was unreasonable.

TekoIie2241d ago

Motorala: dropping red, white and blue turds of JUSTIIIICE.

I will never get bored of American dad...

Fishy Fingers2241d ago

Sure they'll come to some sort of settlement, which, no doubt will hurt MSs pockets, but surely not to the tune of $4b.

RedDragan2241d ago (Edited 2241d ago )

For a company that makes such huge profits, $4B is not all that unreasonable... people need to understand that Microsoft is lining it's pockets using Motorola technology.

So is it right for the technology owner to go backrupt while it's competitor gets a free ride because of FRAND? Should this scenario of Motorola going bust come to fruition it would show that there is something seriously flawed in the way FRAND works.

If I was making billions of someone else's technology I would still think it is right the technology holder be rewarded. Microsoft are just freeloading and nobody likes a freeloader.

EDIT: Looking at the disagree's it would appear Microsoft fans do agree with freeloading. What a shocking revelation that is!

aviator1892241d ago (Edited 2241d ago )

Yes, well, FRAND patents should be licensed at a steady cost to all companies who wish to use the patent. Charging a ridiculous $4 bn annually while others get to pay a reasonable amount more in line with FRAND rules of charging reasonable terms is certainly not fair.

Besides, if Moto wins this one in the US, they surely will go after all others to attain larger fees from all, especially Apple. So, this case just isn't between Moto-Google and MS, it's Moto-Google vs Industry.

Whoa, I never said MS should get a free pass. MS have agreed to pay on reasonable terms. I simply stated that the amount Moto were asking for is such a ridiculous amount. Just because the licensee is able to afford such an amount doesn't give Moto the right to violate FRAND rules and ask others to comply with it.

LightofDarkness2241d ago (Edited 2241d ago )

This is just a case of a declining company desperately trying for cash-grabs. They know that if they can pick a fight with the big kids (MS, Apple) then no matter what the larger company does, it will appear that they are in the wrong.

Charging an exorbitant $4bn annually for licensing offered to other companies at a far reduced cost is crazy, and it was only done to put Motorola in this kind of position. It's not Microsoft fans disagreeing with you, it's everyone who isn't a Sony fan.

Plus, Moto may have just over-played their hand. This will be appealed and there's no way they're getting $4bn now.

Fishy Fingers2241d ago

"Microsoft is lining it's pockets using Motorola technology."

How are they profiting from it exactly? Other than skipping the licensing fee. $4b is roughly 20% of their net income, hardly "reasonable" that should go on a video codec. One we all use whether we know it or not.

Basically, I dont mean to sound rude, but you seem rather ill informed, frankly I think you just see this as MS potentially losing money and there for a good thing without any actual understanding.

Letros2241d ago

They will just not include the video codec on their products, Apple will be next...in the end hurting the consumer.

mewhy322241d ago

Here's yet another company jealous of Microsoft's success and wanting to bleed money from them. This will roll off Microsoft's shoulders and it'll be back to dominating the PC and Console market as usual until the next leach comes along. If anyone should be sued it should be Sony for shamelessly copying the wii-mote. Effectively HDWii. A class-action law suit from gamers who actually thought they could do whatever they wanted with the console the purchased with their money, only to be hunted down by Sony whey they tried to modify it. Or maybe Sony should be sued by the 75 million subscribers that got their account information released onto the web by hackers and didnt inform the users for days.

KMCROC542240d ago

if not that much then you pay it .

+ Show (3) more repliesLast reply 2240d ago