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Print 27 comment(s) - last by superstition.. on May 29 at 4:33 AM

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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Guess it's time to roll out
By leviathan05 on 5/25/2012 11:51:12 AM , Rating: 2
the Xbox 720 without the infringed patents that can then later be patched in. Pretty please Microsoft?




RE: Guess it's time to roll out
By The Raven on 5/25/2012 12:10:19 PM , Rating: 2
720? They can just do that on the 360.


RE: Guess it's time to roll out
By JasonMick (blog) on 5/25/2012 5:05:38 PM , Rating: 5
quote:
the Xbox 720 without the infringed patents that can then later be patched in. Pretty please Microsoft?
The Xbox 720 is infringing on my patents on "an oblong console with user interface and surface finish" and "color creating electric luminescent chemi-compounds". I'm filing an ITC complaint.

Your post is also in infringement. I have notified the ITC. I expect an import ban shortly.


RE: Guess it's time to roll out
By Trisped on 5/25/2012 5:22:53 PM , Rating: 1
quote:
Your post is also in infringement. I have notified the ITC. I expect an import ban shortly.
Since his post is "produced" by a US server, and the ITC is concerned with International Trade, I doubt the ITC will care.


RE: Guess it's time to roll out
By JasonMick (blog) on 5/25/2012 5:29:58 PM , Rating: 5
quote:
Since his post is "produced" by a US server, and the ITC is concerned with International Trade, I doubt the ITC will care.
Clearly you missed my patent on sarcasm.

Or maybe you are enforcing a patent on super-serious?


RE: Guess it's time to roll out
By TSS on 5/25/2012 6:32:57 PM , Rating: 2
I'm sorry, but my lawyer just informed me i just recieved the patent on patents and patenting.

As your new overlord, i expect fresh food and women be brought daily. To please the people, i shall hold regular gladiator games, run by Dick Cheney (so you know it'll be brutal).


RE: Guess it's time to roll out
By Helbore on 5/26/2012 9:36:08 AM , Rating: 2
Your lawyer lied to you. That patent was granted to Apple many years ago.


RE: Guess it's time to roll out
By SilthDraeth on 5/28/2012 9:53:41 AM , Rating: 2
I love how you emphasize that the food must be fresh, but give no such qualification for the women.

I guess you only plan to use the women to serve the food. For that, I would at least emphasize sanitary.


RE: Guess it's time to roll out
By ARoyalF on 5/26/2012 12:02:27 AM , Rating: 2
And I'm notifying the ITC that Microsoft is infringing on my patent of two concentric rings illuminated in red to signify said device is no longer operable.

I cant wait to patent consonants!


Teach M$ a lesson
By anactoraaron on 5/25/12, Rating: 0
RE: Teach M$ a lesson
By Lonyo on 5/25/2012 12:03:51 PM , Rating: 2
Except .wma and .h264 aren't comparable, so your point is idiotic.

.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.

h.264 is a standards based "open" codec, which in theory is supposed to be licensable on a FRAND basis. The MS argument is that Motorola have got their patents into a widely adopted standard, and are now refusing to license them on FRAND terms.
Last I knew, MS never did that with their .wma codec.


RE: Teach M$ a lesson
By Lonyo on 5/25/2012 12:06:00 PM , Rating: 4
To clarify:
MS doesn't want h264 to be "open". They want to be able to license it at a reasonable cost, which is what is required by the terms of the whole h.264 patent pool, of which Motorola's patents are part.
If Motorola hadn't agreed to license its patents on a FRAND basis, then those particular things wouldn't have been included in the final h.264 spec, because no one would be happy about licensing it.

If Motorola are trying to renege on their FRAND terms, then a complaint should be made, because they basically set up something on a false premise to then screw over anyone they wanted who adopted the standard, which leaves pretty much everyone open to being screwed over by them.


RE: Teach M$ a lesson
By mcnabney on 5/25/12, Rating: -1
RE: Teach M$ a lesson
By anactoraaron on 5/25/12, Rating: -1
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.


RE: Teach M$ a lesson
By kingmotley on 5/25/2012 2:06:34 PM , Rating: 2
Actually Motorola agreed their patents would be available on a FRAND basis, and now they are back peddling on them. The ban is only temporary until Microsoft (and everyone else) gets a judge to slap Motorola across the face.


RE: Teach M$ a lesson
By WalksTheWalk on 5/25/2012 3:31:53 PM , Rating: 2
Yes, in my view Moto is in the wrong here after committing to FRAND'ing the codec then charging more than what has historically been considered FRAND for licensing it.

Microsoft is definitely no angel, but Moto is kicking sand in their face.


RE: Teach M$ a lesson
By Reclaimer77 on 5/25/2012 5:05:56 PM , Rating: 2
Inflation buddy. At some point the amount that is "historically" considered to be reasonable FRAND has to go up. Might as well be now.

Microsoft really hoodwinked Moto and others with their licensing scheme, $10-20 per headset is just absurd. Especially given how they refused to even tell them what patents they "infringed" on until they agreed to the licensing payments.

Moto is just trying to even the score. I'm all for it.


I'm willing to bet...
By MrBlastman on 5/25/2012 11:54:21 AM , Rating: 4
That somewhere out there is a dialysis patent that every single living, human being is in violation of. That or blood pumping, urine processing, oxygen->CO2 conversion. Something.

I know it is out there, and because of this, we are all guilty of slighting. Thus, because of this, all humans must be banned from Earth and propelled into space riding a massive galactic aeroplane... which, in itself, is probably a violation of some other patent, making if unfeasible, thus leading us to be in double slight of patent law. Because of this development, research will need to be conducted into an alternate solution, which, unto itself, the research techniques alone will be in violation of yet another patent.

We might as well give the dolphins all our fish and let our planet be bulldozed. The superhighway can't get here fast enough. ;)




RE: I'm willing to bet...
By Trisped on 5/25/2012 5:20:45 PM , Rating: 2
Funny, but you forgot about prior art.


Ridiculous
By sprockkets on 5/25/2012 12:08:11 PM , Rating: 2
Moto gets their xbox and windows ban in germany. MS got their ban of Moto android headsets on get this, the patent on making SMS messages that were split up be combined on the other end. I tested this out: If I sent a SMS over 160 characters via google voice, it split it up and sent both to the phone. I did it on my HTC sensation, and it was all in one.

Patent wars are such MAD.




Sounds like time for a political favor
By wookie1 on 5/25/2012 12:18:53 PM , Rating: 2
"...before any type of legal documents can be approved by Pres. Obama’s administration to finalize the ban."

Hmmm, maybe Bill Gates should come out again and advocate for taxing the "rich" for Obama. It would definitely help persuade Obama to not approve the ban. I bet Bill will be asked to help this way just like Warren Buffet.




RE: Sounds like time for a political favor
By mcnabney on 5/25/12, Rating: -1
By superstition on 5/29/2012 4:33:38 AM , Rating: 2
Bill Gates Sr. opposed the Bush tax cuts for the rich, fyi.


By Trisped on 5/25/2012 5:37:06 PM , Rating: 2
This is why most companies negotiate the use of patents, panent wars hurt everyone.




leave it to Obama
By talikarni on 5/28/2012 5:58:59 PM , Rating: 2
http://beforeitsnews.com/story/2090/841/Obama_Sign...

Considering the many international security agreements the traitors occupying our highest seats of power have entered into, this latest executive order can absolutely be used to institute gun confiscation laws/regulations, without any consent by our Congress or our Judicial. And once these foreign laws are brought to the United States under the various security agreements, foreign troops will be brought in to enforce the foreign laws upon the people of the United States.




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