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An ITC judge recommends a U.S. ban for the Xbox 360, even though that seems highly unlikely

The Microsoft Xbox 360 game console should not be imported, and units on store shelves should be pulled, according to an International Trade Commission judge.

Last month, ITC Administrative Law Judge David Shaw found both the 4GB and 250GB editions of the Xbox 360 infringe on four Motorola patents. Specifically, the issue surrounds the H.264 codec which Motorola holds patents dealing with the video codec. However, Microsoft argues that H.264 should be more openly licensed.

Before the Xbox 360 can be banned, however, the ITC Board of Commissioners will double-check the ruling before a final decision is made. A deadline of August 23 has been scheduled, before any type of legal documents can be approved by Pres. Obama’s administration to finalize the ban.

Meanwhile, Microsoft looks forward to the six-member commission ruling in August, and believes its product can continue to be available in the US.

In addition to being unfair to consumers, there is another major factor that needs to be considered after Shaw’s ruling:

“Unlike judges at courts, ITC judges don’t make the decisions: they merely recommend them. Their recommendations are very frequently not adopted by the Commission, the six-member decision-making body at the top of the ITC. Not only does the Commission overrule those judges with respect to the actual violations but the Commission also has the final say on remedies.”

Furthermore, game studios and other companies reliant on the Xbox 360 can chime in to help persuade the commission from physically banning the Xbox 360.

Motorola had the Windows 7 OS and Xbox 360 banned in Germany, which set a precedent that some analysts believed would lead to additional global crackdowns. In addition to this ongoing legal saga, Microsoft can celebrate knowing it helped contribute to the ban of Motorola Android-powered phones to the US consumer market.

Source: IGN



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RE: Teach M$ a lesson
By anactoraaron on 5/25/2012 12:19:14 PM , Rating: -1
Exactly.

quote:
.wma isn't and wasn't positioned as a generally widely adopted standard, it was Microsoft's own audio format that they did and do license.


What? Tell that to any average user that rips music on their windows pc. Default setting in the default media player is wma. 90% of Desktop PC's are windows pc's. The majority of people who rip music on those pc's have their music ripped as .wma. That to you apparently doesn't qualify as a widely adopted standard. Most people don't even realize .wma isn't a standard format until they buy a device that can't play it. M$ wants to license at a "reasonable cost" for M$.


RE: Teach M$ a lesson
By Varun on 5/25/2012 1:06:55 PM , Rating: 3
Holy cow.

OK, that doesn't make something a standard. What makes it a standard, is a large group of people in the industry sit down together and come up with a standard.

By your logic, Chrome and Firefox are NOT standards compliant because they don't support IE6 rendering and Active X controls. You can't have it both ways.


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