XBox 360 should be banned in US, says judge

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Metamania

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#1 Metamania
Member since 2002 • 12035 Posts

Link

The ongoing legal dispute between Motorola Mobility and Microsoft could see some versions of the Xbox 360 banned in the United States. International Trade Commission judge David Shaw has recommended that the trade group ban the import of 4GB and 250GB Xbox 360 S consoles, reports Courthouse News. These consoles are manufactured in China.

Sales of consoles already in the United States should be banned by a cease-and-desist order, Shaw says. On top of this, the judge recommends Microsoft pay Motorola 7 percent of the value of any unsold consoles in the U.S.

Microsoft argues that Shaw's order to ban the import of Xbox 360 consoles would hurt consumers, as it would leave interested buyers with only two options: the PlayStation 3 or the Nintendo Wii. Shaw rejected this assertion, noting the public interest in enforcing intellectual property rights trumps any "economical impact" on console buyers.

Should ITC commissioners agree with Shaw's recommendation, President Barack Obama and advisors will have 60 days to review the decision, the site reports. After this time, whatever is decided can be appealed.

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.

Gamespot

Any thoughts?

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dotWithShoes

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#2 dotWithShoes
Member since 2006 • 5596 Posts
Not likely to happen.
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CarnageHeart

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#3 CarnageHeart
Member since 2002 • 18316 Posts
If worst comes to worst, MS will cut a check.
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branketra

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#4 branketra
Member since 2006 • 51726 Posts
Shaw rejected this assertion, noting the public interest in enforcing intellectual property rights trumps any "economical impact" on console buyers.
He has a point, there.
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Shame-usBlackley

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#5 Shame-usBlackley
Member since 2002 • 18266 Posts

Xbox 360 should be banned for releasing Kinect in US, says judge.

Now it makes a lot more sense. ;)

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JohnF111

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#6 JohnF111
Member since 2010 • 14190 Posts
If worst comes to worst, MS will cut a check.CarnageHeart
This. Microsoft would rather burn $12 billion in court fees and watch Motorola go bankrupt from legal fees than cut a cheque for $100 million. If it turns out Motorola will win then suddenly the case will drop and Motorola will be awarded I don know.. 30% of all sales of Xbox 360 and a fat cheque to accompany it. Sales will not be stopped by a judge I could pretty much bet on it.
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Archangel3371

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#7 Archangel3371  Online
Member since 2004 • 46826 Posts
If worst comes to worst, MS will cut a check.CarnageHeart
Yeah I would agree with this right here.
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tjricardo089

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#8 tjricardo089
Member since 2010 • 7429 Posts

Lol, people are stupid.

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Jbul

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#9 Jbul
Member since 2007 • 4838 Posts

It's true that Microsoft will not let this happen, but at what cost? I see a prolonged legal deliberation, followed by either Microsoft cutting a check, or agreeing to give Motorola a share of the profit on those boxes until NextBox rolls around.

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S0lidSnake

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#10 S0lidSnake
Member since 2002 • 29001 Posts

Good Riddance.

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almasdeathchild

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#11 almasdeathchild
Member since 2011 • 8922 Posts

yea good luck with that butt dumpling

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Zeviander

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#12 Zeviander
Member since 2011 • 9503 Posts
Consumers care about intellectual property rights?
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deactivated-57ad0e5285d73

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#13 deactivated-57ad0e5285d73
Member since 2009 • 21398 Posts
[QUOTE="CarnageHeart"]If worst comes to worst, MS will cut a check.JohnF111
This. Microsoft would rather burn $12 billion in court fees and watch Motorola go bankrupt from legal fees than cut a cheque for $100 million. If it turns out Motorola will win then suddenly the case will drop and Motorola will be awarded I don know.. 30% of all sales of Xbox 360 and a fat cheque to accompany it. Sales will not be stopped by a judge I could pretty much bet on it.

Google just bought Motorola for 12.5 billion, supposedly, specifically for the patents.
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Allicrombie

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#14 Allicrombie
Member since 2005 • 26223 Posts
I say we ban all consoles. so people can get back to what is important in life, playing Diablo 3. >.>
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Jbul

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#15 Jbul
Member since 2007 • 4838 Posts

I say we ban all consoles. so people can get back to what is important in life, playing Diablo 3. >.>Allicrombie

Jbul dislikes this comment. :(

Or maybe he's just jealous he doesn't have a gaming PC! :P

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Metamania

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#16 Metamania
Member since 2002 • 12035 Posts

[QUOTE="JohnF111"][QUOTE="CarnageHeart"]If worst comes to worst, MS will cut a check.Heirren
This. Microsoft would rather burn $12 billion in court fees and watch Motorola go bankrupt from legal fees than cut a cheque for $100 million. If it turns out Motorola will win then suddenly the case will drop and Motorola will be awarded I don know.. 30% of all sales of Xbox 360 and a fat cheque to accompany it. Sales will not be stopped by a judge I could pretty much bet on it.

Google just bought Motorola for 12.5 billion, supposedly, specifically for the patents.

That still isn't going to stop Motorola from going after Microsoft.

I do agree with you all though; I honestly doubt anyone is going to let this happen. The 360 is an important gaming system to a lot of people, so I definitely see Microsoft cutting a HUGE check to Motorola and maybe even letting them earn profits from the sales that they make out of the system.

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sukraj

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#17 sukraj
Member since 2008 • 27859 Posts

It will never happen.

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branketra

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#18 branketra
Member since 2006 • 51726 Posts
I say we ban all consoles. so people can get back to what is important in life, playing Diablo 3. >.>Allicrombie
Sacrilege.
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AgentRaven77

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#19 AgentRaven77
Member since 2010 • 84 Posts
They are banning the 250GB and 4GB models, most people brought those and are they forcing us to hand over our system. For one I can't buy another Xbox 360 if this happen because I just brought the 250GB last year. Pulse the Xbox 360 cost $299.99 and Mircosoft know that it will hurt the gamers. If this happen then it could leave a door open for Sony and Nintedno. nintedno is release the Wii U around this year but it could cost $299.99 which is over $300.00 and most parent aren't going to buy the kids a $300.00 system and Sony could us this to help iwth the sale of PS3 which is $249.99.
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branketra

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#20 branketra
Member since 2006 • 51726 Posts
They are banning the 250GB and 4GB models, most people brought those and are they forcing us to hand over our system. For one I can't buy another Xbox 360 if this happen because I just brought the 250GB last year. Pulse the Xbox 360 cost $299.99 and Mircosoft know that it will hurt the gamers. If this happen then it could leave a door open for Sony and Nintedno. nintedno is release the Wii U around this year but it could cost $299.99 which is over $300.00 and most parent aren't going to buy the kids a $300.00 system and Sony could us this to help iwth the sale of PS3 which is $249.99. AgentRaven77
Who is forcing you and how do they have the authority? I'm assuming your a consumer and not working at a game store.
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#21 tribalTox
Member since 2006 • 803 Posts

they forcing us to hand over our system. AgentRaven77

Who's forcing us? I think the ban, if it happens (which i doubt), is only going to affect systems on store shelves.

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#22 HAMMERCLAW
Member since 2011 • 55 Posts

This is just more "patent" foolishness. Microsoft has been awarded a ban on most Android phones imported to the states and Germany, too. I foresee a lengthy bout of horsetrading in their futures.

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#23 shadowdisciple
Member since 2011 • 45 Posts

I agree with the check cutting assessment. Last year Sony was being sued by LG and a country in Europe (I forget which one) not only banned the sale of PS3's but also ordered all PS3's be destroyed. I think Sony got a three day injunction and within those three days a settlement was reached, PS3's were still being sold at stores and none were destroyed.

Microsoft will take this battle as far as they can and once they realize they can't win will cut a check to Motorola.