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..."

[Paradicia]

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.

[RedDragan]

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.

[Montrealien]

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

[Kurylo3d]

"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.

[pixelsword]

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...

[BitbyDeath]

"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.

[MadMen]

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."

[KMCROC54]

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.

[miyamoto]

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

[Montrealien]

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...

[r1sh12]

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.

[IaMs12]

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.

[honkyjesus]

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

[ChrisW]

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.

[aviator189]

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.

[Letros]

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.

[DivineHand125]

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_Pride]

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.

[catfrog]

source?

[glopez]

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."

[TheLyonKing]

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

[Fishy Fingers]

Finally there is justice? LOL... dramatics.

[TheLyonKing]

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.

[Pekolie]

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

I will never get bored of American dad...

[NastyLeftHook0]

agreed lyon

[Fishy Fingers]

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

[RedDragan]

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!

[aviator189]

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.

[LightofDarkness]

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 Fingers]

"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.

[Letros]

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

[mewhy32]

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.

[KMCROC54]

if not that much then you pay it .

[Britainz-Fin3st]

Xbox IS big in Eu.. Its the fan boys that think none of us here have herd of it..

Xbox is Huge.
Playstation is huge.

Micrsoft are the the second biggest tech company on the planet.
They will not be banned from Germany, both Germany and MS will miss out of ££££.

They will come to an agreement, MS are stating what Moto are asking for is unexceptable, and thats most likely because if they keep losing money they will go bust.

[PixL]

"Xbox IS big in Eu"

This is a joke, right?

[OmniSlashPT]

1 - Germany uses Euros, not pounds
2 - Germany is probably the second most wealthy and powerful economy in the world right after China. It controls Europa as of right now.
3 - The PlayStation brand is and has always been much more popular in Europa than the Xbox.
4 - Either MS will pay and accept the terms or Motorola will quit. It's impossible for a company like MS to drop such an important market as the german one.

[maniactadpole]

List of countries by GDP (nominal)
1.US 2.China 3.Japan 4.Germany 5.France

List of countries by GDP (PPP)
1.US 2.China 3.India 4.Japan 5.Germany

[Britainz-Fin3st]

ALSO
Could the US turn around and say if we cant sell our product in germany, Motorola cannot sell their product in US.

[Fishy Fingers]

LOL... What? The US wouldnt ban Motorola products because MS (a public ltd compnay) night have to pay a heavy settlement.

This is Motorola Vs MS. Not Germany Vs USA :/

[Britainz-Fin3st]

If you actualy really what i said,

"Could"

Forgive me for missing the question mark

[Jihaad_cpt]

yes they can just claim WMDs. Why would the American government get involved with a patent claim? Government intervention?

[Les-Grossman]

I guess no Console makers will be using anything from Motorola next generation

[SilentNegotiator]

Blech....patent wars.

"HERP DE DERP, I patented two way communication, gives me money for your phone business!"
"doi...I patented a piece in the lever of your cancer curing device! Give me billion dollars, now!!"

[LightofDarkness]

It's getting beyond the point of childish ridiculousness and greed now. Patent laws need some serious updating, they're basically running off of laws drawn up at the turn of the 20th century. It's time to drag patent, IP and consumer law kicking and screaming into the 21st century.

[jessupj]

Apart from the family court, the patent system is the most retarded bit of law making.

Some little shit should not be able to patent an idea with the intention of never actually developing it, but instead just wait until another company does all the hard work and sue them when they get big enough to afford a multimillion dollar payout.

[Emilio_Estevez]

Wow, didn't think that would happen. That's bad for MS.

[NiteX]

Well that's great news for Sony in Germany!

[cstyle]

I don't think this will affect xbox as much as some think or hope.

[Emilio_Estevez]

Right now no, but this could be a precedent for other countries to follow, which would be really bad. More so for Windows 7 than Xbox though.

[aviator189]

This is bigger than xbox vs ps3 and all you can do is think about the console wars?

[NastyLeftHook0]

agreed

[Ares90]

it's not like xbox is a beast in Germany, but at least the few bacteria left will be wiped out :)

[M1chl]

I just can't believe that some people are happy because of this news. It was the same situation, when LG sued Sony. Its really hard to call yourself a gamer, when almost everybody on gaming pages think like that...
---
I don't say, that Ms shouldn't pay some reasonable amount of money to Motorola, by the way, but peoples pure joy over some company loosing sh*tload of money, thats just sad...

[GillHarrison]

It's weird that people forgot that incident. The ban didn't last long at all.

[dark-hollow]

what did you expect? i love my ps3 but their fanboys in n4g are ridiculous!

serously! who get happy that a console THEY dont own is banned in a country?

ps3 fanboys (here on n4g) are the worst!
YES i called it. am so fed up with their bullshit!
and the worst part is the bubble system is controlled by the community, so you have to constantly suck sonys dick or else your bubbles are going to oblivion. i never seen such butthurt, biased, angry, paranoid, hypocrite fanboys like here on n4g!

bubble down or disagree to your hearts contents! am done with this shitty biased site.

[ExCest]

You have gotta be s******* me. I don't care about the Xbox part since I don't know how popular it is in Germany but Windows 7? How can they ban that amazing OS?!? I Demand Retribution!

[Dlacy13g]

Sony had a similar situation not so long ago and their emargo of ps3 had little effect for them as things got resolved pretty quickly... All this really is at the end of the day is an elevated / aggressive negotiation tactic from Motorola trying to force MS to pay the price point they want. If you read up on the back story of this you will see that is the case. Fueding over part costs is the real bottom line here.

[mr_badhand]

The media is definitely biased against MS.

Also, jokes about Germans are the wurst.

:D

[Outside_ofthe_Box]

And you are definitely biased toward MS... or is it you are definitely against Sony... or maybe definitely against N4G?

Surely one or more those is correct...

=D

[mr_badhand]

We want to be free! We want to be free to do what we want to do! We want to be free to ride. And we want to be free to ride our machines without being hassled by The Man.
And we want to get loaded!

*que mudhoney*

[Lilioups]

hell yea
even more sales for sony

[jonli1]

for those who r happy with this news Fck you everyone prefer other contry take over america but wont support america based company trying to compete with others fck u if u pefer sony I remember when sony didnt care at one time how much PS3 cost like they say we make it u buy it is like sayin we dont care what the fan say their idiots they buy anything we make

[LOL_WUT]

What does this have to do with America? Jeez chill out.

[honkyjesus]

Windows Media Player on Windows 7 is terrible, it recreates your music library anytime you open it to the way it wants it. It is a continuous loop of updating the media library. MS hasn't cared for the past two or three years. Terrible.

Hope this is retroactive for USA users, take this crap off PC.

[Skateboard]

Motorola needs to hop off.

[Sarobi]

That's business folks.

[Saryk]

Who cares, won't affect or effect any games!

[bradleejones]

no one in Germany plays xbox anyhow.

[PixL]

That's not true. They probably have like 15% of the market.

[galmi]

i feel sorry for germans really, \

[chukamachine]

Hitler won't be able to get any more xbox's now.

http://www.youtube.com/watc...

[busytoad]

Germany is smart. They know the 360 will red ring and stupid kids will have their parents buy another one thus putting more money into microshit.

[OSIRUSSS]

I hate Moto. I have a Xoom and that clunky P.O.S is the worst tablet on the market. After my Contract is up I'm getting a Galaxy Tab.