Windows, Xbox 360 Could be Banned in Germany as Patent War Continues
May 2, 2012 3:20 PM
comment(s) - last by
The ban-happy EU giant is making no friends in the electronics industry
The patent war has claimed another victim -- Microsoft Corp. (
). As bad as things are in the U.S. with respect to abusive,
, Germany is much worse.
I. Microsoft vs. Motorola: The Pot and the Kettle
The nation has been a focal point in the three-way fracas between Microsoft, the Android alliance led by Google, Inc. (
), and Apple, Inc. (
). The players in the battle have targeted Germany with an abundance of lawsuits as the top European Union market has a policy of
banning first and asking questions later
Microsoft vs. Motorola Mobility, Inc. (
) (and by proxy its
) has been a war with plenty of dirt flung by both sides. Microsoft is accused of
threatening Android manufacturers
with an undisclosed large portfolio of operating system patents.
Just how good or bad those patents are was illustrated by a recent Barnes & Nobles, Inc. (
) case. Microsoft approached Barnes & Nobles, an Android tablet maker, with licensing demands. It agreed. Once it had caved, Microsoft shared information about the patents with it. Barnes & Noble was shocked to discover that the patents were mostly trivial or seemingly invalid. In other words, Microsoft's Android extortion was all bluff and no bite.
Barnes & Noble responded by
breaking the embargo
on Microsoft's secret portfolio and terminating the licensing arrangement. In hopes of gaining an upper hand in the inevitable legal abuse to follow, the company wrote a letter to the
U.S. Department of Justice
U.S. International Trade Commission
(ITC) highlighting its complaints about Microsoft's Mafioso-esque tribute scheme.
Motorola and Microsoft are fighting over 100 patents, but the German case focused on only two, involving the h.264 codec. [Image Source: Joker Blog]
Motorola faced similar licensing demands from Microsoft, and refused to back down. It's currently being sued in the U.S. and Germany by the operating system giant, which hopes to terminate EU and U.S. sales of the third-place Android phonemaker.
hardly been angelic
in its response to Microsoft's demands, though. It has seemingly violated legally enforceable "fair, reasonable, and non-discriminatory" rules by refusing to license its standards patents to Microsoft, including those pertaining to the h.264 video codec, at a reasonable rate.
Microsoft complains that Motorola has
sought a preposterous sum
for the h.264 patent -- over $20 -- compared to the typical licensing rate of a couple of pennies per device.
II. Germany is Condoning Destructive International Patent War
In the U.S. the companies' mutual belligerence and patent mongering has been met largely with indifference from the courts, which have refused to implement sweeping preliminary injunctions (product bans) in either direction.
In Germany, though the court has been perfectly happy to go on a banning spree. The latest casualty is Microsoft's Xbox 360 and Windows 7.
Both products may
soon be banned
in Germany, after a Mannheim Regional Court judge ruled them to be in violation of Motorola's h.264 patents --
, a patent on an "adaptive motion compensation using a plurality of motion compensators" (filed in 1992), and
a patent on an "adaptive compression of digital video data" (filed in 1994).
Germany says "No Windows for you!" [Image Source:Columbia Pictures]
Microsoft still has some hope of avoiding the ban. It is appealing the ruling to Oberlandesgericht Karlsruhe (Karlsruhe Higher Regional Court). That court can suspend the ban if it thinks Microsoft will win an appeal on the infringement claims (e.g. if it thinks Motorola's FRAND abuse is overly egregious). Likewise the EU could step in, given that Motorola is
under antitrust investigation
by EU inquisitors regarding FRAND abuse.
Of course it's also entirely possible that the ban may be allowed to stick, as with Motorola's recent
ban the iCloud
While a ban on Windows and Xbox sounds bizarre by American standards, it's an example of just how different German intellectual property laws are versus American laws. In Germany, infringement and validity proceedings are carried out on separate tracks, so it's easy to ban products using patents that are later ruled invalid. As companies increasingly look to abuse this overly trusting architecture, one must wonder how far things must go before Germans demand their government make drastic changes.
Appeal is one of Microsoft's last routes available to avoid a costly ban.
[Image Source: Justin Sullivan/Getty Images News]
Motorola also has to deal with a thorny ruling by a Washington state federal judge, who warned Motorola that it could
face stiff fines in the U.S.
if it tried to enforce a ban on Windows sales in Germany.
In the U.S. Motorola is facing the
prospect of a complete ban on its smartphones
after Apple won a key ruling, which indicated that Motorola -- and virtually any other Android device for that matter -- infringed on one of Apple's mobile patents. The decision will likely be appealed meaning that it is unknown when or if a ban might actually materialize in the U.S.
This article is over a month old, voting and posting comments is disabled
world war 3
5/2/2012 6:25:47 PM
And these lawsuits will be the catalyst for World War 3. Once again with Germany in the middle of all of it. /sigh
RE: world war 3
5/2/2012 6:41:09 PM
That takes the prize for the most stupid remark in a long time on this forum (and that says a lot).
RE: world war 3
5/2/2012 9:51:34 PM
Doesn't have to be. Big wars are often preceded by big trade wars, and with governments today being or coming under the palm of corperate entities, this patent war might just be a precursor.
And germany would be in the middle again since they basically are the euro at this point, so they represent a big power block. The US and China would be the other power blocks.
Just cause germany's involved doesn't mean they start it or they're "the bad guys". Hell to be honest, if they wheren't involved in some way it wouldn't really feel like a world war now would it :p
RE: world war 3
5/2/2012 10:44:52 PM
Microsoft blamed China for hacking a memory leak. The FCC was to investigate the accusations, because China declined the remark and wanted to see the evidence.
China then makes a massive firewall, blocking a lot of outside traffic. China has only done that to protect their people and their government system, from any other accusing.
Now Germany is attacking Microsoft and again USA is defending them.
Why should the USA defend a corporation that is obviously doing things the company should not?
"A politician stumbles over himself... Then they pick it out. They edit it. He runs the clip, and then he makes a funny face, and the whole audience has a Pavlovian response." -- Joe Scarborough on John Stewart over Jim Cramer
German Court Upholds Apple iCloud, MobileMe Ban
April 13, 2012, 2:31 PM
Washington Federal Judge Denies Germany's Right to Ban Windows
April 12, 2012, 4:08 PM
Apple Inserts Foot in Mouth, is Blasted for Complaining About U.S. Victory
April 4, 2012, 3:30 PM
EU Kicks Motorola While It's Down, Opens Official Antitrust Proceedings
April 3, 2012, 9:10 AM
Judge's Ruling Upholds Apple Patent, Could Jeopardize Android's Future in the U.S.
April 2, 2012, 9:32 PM
Free Windows 10 offer ends July 29th, 2016: 10 Reasons to Upgrade Immediately
July 22, 2016, 9:19 PM
Quick Note: Whoops, Microsoft Pushed Unwanted Windows 10 to Some Users
October 15, 2015, 9:04 PM
Quick Note: Windows 10 Insider Preview Build 10565 Fixes Boot Camp 6.0 Issues
October 13, 2015, 11:39 AM
Microsoft's HD-500 ("Display Dock"), the Magic Sauce Behind Continuum
October 6, 2015, 5:30 PM
Quick Note: Windows 10 Hits 110 Million Devices, VMs
October 6, 2015, 4:30 PM
Windows 10 on Raspberry Pi, IoT Devices Sees Developer Debut
August 12, 2015, 2:41 PM
Most Popular Articles
Say Goodbye to Data Plans - Sprint and T-Mobile offer Unlimited Data
August 22, 2016, 6:12 AM
Lenovo vs. Asus vs. HP - Best Laptop Under $500.00
August 19, 2016, 4:00 AM
Get Ready to wait in line – iPhone 7 due September.
August 18, 2016, 7:15 AM
5 Healthy and Creative ways to add Fiber to your Diet By Monique C. Bethell, Ph.D.
August 18, 2016, 7:43 AM
Uber - Everyone's Autonomous Car Driver?
August 20, 2016, 6:01 AM
Latest Blog Posts
Coming Soon - Drones and Airports
Aug 24, 2016, 12:40 PM
SolarCity’s Gigafactory: A Milesone in Emerging Technology by Lily Emamian - 15 August 2016
Aug 15, 2016, 6:30 AM
Sceptre Airs 27", 120 Hz. 1080p Monitor/HDTV w/ 5 ms Response Time for $220
Dec 3, 2014, 10:32 PM
Costco Gives Employees Thanksgiving Off; Wal-Mart Leads "Black Thursday" Charge
Oct 29, 2014, 9:57 PM
"Bear Selfies" Fad Could Turn Deadly, Warn Nevada Wildlife Officials
Oct 28, 2014, 12:00 PM
More Blog Posts
Copyright 2016 DailyTech LLC. -
Terms, Conditions & Privacy Information