Xbox 360: ITC Judge recommends U.S. Ban

[CAG CheechDogg]

So here it is what many people have been fearing about the 360. Microsoft's battle with Motorola is turning uglier by the day, now the possibility of XBOX 360's being banned from being sold in the U.S. is greater than ever.

Xbox 360: ITC Judge recommends U.S. Ban

May 24, 2012 10:03 AM EDT




Patent wars are getting dirtier day by day. Not only they result in loss of thousands of dollars for companies, but also result in frustration for consumers. Earlier Microsoft was successful in banning Motorola smartphones. Now Motorola is punching back with Xbox 360 ban in U.S. and the gaming console might get pulled away from shelves in upcoming few months.

A judge at International Trade Commission (ITC) has issued a recommendation for import ban on Xbox 360 gaming console. The ban is limited to 4GB and 250GB edition of Xbox 360. The ban is a part of Motorola's complaint filed with ITC in November 2010. Motorola claimed that Microsoft has been utilizing Motorola-developed technology that allows the gaming console to initiate secure connection between the set-top box and its controller.

The ruling follows Administrative law judge David Shaw's last month decision that 4GB and 250GB variants of Xbox 360 infringe four Motorola patents related to H.264 video compression codec and wireless technology. The administrative law judge also ordered Microsoft to post a bond equal to 7 percent of the declared value of unsold Xbox inventory already in the country. Shaw suggested a cease and desist order to prevent sales of Xbox 360.

Microsoft argued with the decision, claiming for exclusion order contrary to public interest. With Xbox 360 gone, only Nintendo Wii and Sony Playstation 3 will be available gaming consoles in the market. Judge Shaw disagreed with Microsoft, pointing out that the company failed to respond to ITC's request in November 2010.

Motorola and Microsoft have been wrestling in patent wars for past few years. Earlier this month, Motorola was able to place ban on Window 7 and Xbox 360 in Germany.

As the next step, the recommendation will go to Board of Commissioners at ITC. If the recommendation is approved, it will be sent to President's desk where he will have to review and sign it within 60 days. So, there is still some time for Microsoft to arrange a settlement with Motorola.

[CAG CheechDogg]

Here is some more information about this bullshit ruling by judge David Shaw. Wtf does this guy think he is?

Xbox 360 Should Be Banned from U.S. for Violating Patents, Judge Says

By Jared Newman | @OneJaredNewman | May 23, 2012 | 29


Microsoft, Techland Illustration




Microsoft’s Xbox 360 should be banned from import and sales in the United States for violating Motorola patents, a U.S. International Trade Commission judge ruled.


The Xbox 360 violates four Motorola patents, according to ITC Administrative Law Judge David Shaw, Wired reports. Shaw made his initial ruling against Microsoft in April, and now recommends a ban on sales and import of the game console.


But don’t expect the Xbox 360 to vanish from store shelves anytime soon. Shaw’s ruling still faces approval or modifications by the ITC’s board of commissioners–with a deadline of August 23–and even if they agree completely with Shaw, they must still get a sign off from the Obama administration within 60 days.


The patent battle between Microsoft and Motorola spills beyond the ITC as well, and involves more than just the Xbox 360. Motorola successfully sued Microsoft for patent infringement in Germany, but a separate Microsoft lawsuit against Motorola in Seattle prevents Motorola from enforcing a sales ban there, at least temporarily. That’s because Motorola’s patents deal with the H.264 codec for online video, which is a standard that Microsoft says should be licensed on fair and reasonable terms. (Here’s a post at FOSS Patents if you want to bury yourself in the technicalities.) Meanwhile, Microsoft has won its own import ban against 18 Android phones by Motorola, in a separate patent infringement ruling by the ITC.


In other words, it’s a big, sloppy mess that isn’t going to be resolved without a heap of time, money and lawyers. The ideal outcome for consumers would be a broad cross-licensing agreement that would allow the Xbox 360 and Motorola phones to co-exist. But Microsoft is already getting hefty patent ransoms from other Android phone makers, and likely doesn’t want to let Motorola off the hook too easily, especially now that it’s owned by Google.


In the meantime, keep enjoying your tech products as usual–and maybe pray that the patent gods don’t take them away.



Read more: http://techland.time.com/2012/05/23/...#ixzz1vrcolyMr

[CAG CheechDogg]

This is an update given to GameSpot after they published this story.

[UPDATE] Following the publication of this story, a Microsoft representative told GameSpot that it is confident the ITC will rule in favor of Microsoft.

"The recommendation by the Administrative Law Judge is the first step in the process leading to the Commission's final ruling and has no immediate effect on the availability of Xbox 360 in the U.S.," reads a line from the statement. "We remain confident the Commission will ultimately rule in Microsoft's favor in this case and that Motorola will be held to its promise to make its standard essential patents available on fair and reasonable terms."


Last month, Shaw ruled that the Xbox 360 violated a string of patents Motorola holds for video decoding, Wi-Fi connection, and console-to-accessory connections. And earlier this month, a German court decision banned the sale of Xbox 360 consoles in that country, though it had no immediate effect, because Microsoft was granted a preliminary injunction.


The ITC is expected to conclude its investigation by August 23.

[lesster6]

what patent are they fighting for?

[OuttaTime]

This is interesting as hell, I wonder if this would effect us owners now?

[OuttaTime]

what patent are they fighting for?

It was like the sync system thats used between the xbox and the controller

[lesster6]

ah ok so basically there being pathetic

[OuttaTime]

ah ok so basically there being pathetic

yea basically its all bullshit, xbox fired a law suit at them years ago over some stuff and motorola is just being sad.

[CAG CheechDogg]

Yeep, Motorola got sued by MS and now they just want payback. I really doubt this is going to hold up in court, but knowing how many people hate Bill Gates this could actually turn really ugly.

I don't know how this would affect us that already have the systems and I sure hope they don't try to band connection to the internet to us users who use the affected models of that lawsuit. It's just total bs, similar to what the NFL and NFLPA are doing now over their bullshit about collusion with the salary cap. It's so easy to sue here for anything in the States, I can sue both of you for looking at me bad and I claim it has made me afraid to be around you. It's just pathetic!

[StormySGT ELIAS]

So dont look at Cheech any ways he isn't much of a looker besides you will turn to stone.