U.S. Judge Delays German Xbox Injunction

U.S. Judge Delays German Xbox Injunction

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A U.S. judge says the lawsuit between Microsoft and Motorola is driven by "arrogance" and "hubris."

The legal dispute between Microsoft and Motorola, which is in the midst of being acquired by software giant Google, is getting ugly. The two companies have been locked in a battle over patent rights owned by Motorola and used in mainstream Microsoft products including the Xbox 360 and Windows 7 operating system; Microsoft alleges that Motorola is demanding unreasonable licensing fees for its patents on technologies that have become industry standards that could reach as much as $4 billion per year, while Motorola says Microsoft gave up its right to those patents on reasonable terms when it skipped the negotiation process and went straight to the courtroom.

Motorola scored big last week when a German court granted an injunction against the distribution of "key Microsoft products," including the Xbox 360, in Germany last week, but Microsoft landed a solid counterpunch yesterday when a U.S. judge declined to issue a ruling on motions filed by both Microsoft and Motorola, saying he needs more time to consider the arguments. That's good news for Microsoft because until the U.S. case is resolved, the injunction against Microsoft in Germany will not be enforced.

How can a U.S. court overrule a German ruling? That little twist, as explained by phoneArena, comes thanks to a "procedural anomaly" in German law that requires any company winning an injunction against another to meet other requirements, which often includes the posting of a bond, before the injunction can be enforced. The U.S. court cannot override the German ruling but it can, and apparently did, issue a restraining order preventing Motorola from seeking enforcement of the injunction.

The judge chided both sides in the case for behaving badly, however, noting that both companies are "driven by an attempt to secure commercial advantage."

"The court is well aware it is being used as a pawn in a global, industry-wide business negotiation," Judge James Robart said at the end of the hearing. "To an outsider looking at it, it has been arbitrary, it has been arrogant and, frankly, it has been based on hubris." He added that the legal fees in the dispute "could finance a small country."

The case has far greater implications than simply whether or not Microsoft can sell its products in Germany. The U.S. International Trade Commission recently declared that Microsoft is infringing upon Motorola's patents and in August will decide whether or not to issue an injunction preventing Microsoft from importing Xbox consoles from China, where production costs are significantly lower than other parts of the world.

Source: Seattle Times

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I'm sorry, but at first reading, the legal explanation made my brain evacuate to avoid the pain, but then the legal fees comments made me giggle, especially considering what's going on in the Eurozone right now. Wasn't aware Google was buying Motorola though, that's an interesting development.

Shouldn't it be

The U.S. court cannot override the German ruling but it can, and apparently did, issue a restraining order preventing Motorola from seeking enforcement of the injunction.

Steve Jobs must be rolling in his grave. From laughter

We want a small commercial advantage over another company, and we are determined to spend hundreds of millions of dollars to achieve it!

Solid business practice from the School of Copyright Assholery(Trademarked)

I find it weird that the U.S. somehow has a hand in this, but apparently it's Germany's fault for having convoluted laws, so fair play to them.

Korzack:
Wasn't aware Google was buying Motorola though, that's an interesting development.

Technically, Google's only buying Motorola's mobile division. That's what their known for, but Motorola will still exist as an independent company afterwards. Really, Google's just after ownership of Motorola's patents so they can improve on Android.

Also, this is really getting ridiculous. I'm with the judge on this one. It's clearly just a retardedly huge business negotiation that's raping the judicial system in multiple countries because the companies in question are behaving like children. If I was in charge, I'd ban both companies from moving their products in the US for a year, for wasting the court's time and being such unreasonable fuckheads.

DVS BSTrD:
Shouldn't it be

I think so. Maybe. I'm kind of confused at this point, to be honest. But I changed it anyway. Thanks for the heads-up.

The copyright association really needs to get an overhaul. There are so many cases that can be applied to so many targets when you look at the wording. I doubt any of the paper pushers have looked at a chipboard or a line of code; they're all damn near the same thing. Just because your product allows people to communicate, interact, harass, belittle, or be a dick on the internet doesn't mean you have a monopoly on said products. I mean seriously, video decoders for wi-fi and another for how the 360 communicates with peripherals and other devices. I understand it's a big corporation case so the details are going to be kept quiet; but stuff like this just screams greed. I'm interested in how Motorola was able to prove Microsoft infringed on their patents because unless you hold a PhD in electrical engineering or something; I really doubt you'll be able to tell the difference.

Hooray for legal filibusters?

Also known as: this has gotten pretty silly.

Agayek:

Korzack:
Wasn't aware Google was buying Motorola though, that's an interesting development.

Technically, Google's only buying Motorola's mobile division. That's what their known for, but Motorola will still exist as an independent company afterwards. Really, Google's just after ownership of Motorola's patents so they can improve on Android.

Also, this is really getting ridiculous. I'm with the judge on this one. It's clearly just a retardedly huge business negotiation that's raping the judicial system in multiple countries because the companies in question are behaving like children. If I was in charge, I'd ban both companies from moving their products in the US for a year, for wasting the court's time and being such unreasonable fuckheads.

Motorola split into 2 companies in 2011 Motorala mobility the one Google is buying (and if rumors are correct immediatly after then selling to ZTE minus the patents) and Motorola solutions.

Kheapathic:
The copyright association really needs to get an overhaul. There are so many cases that can be applied to so many targets when you look at the wording. I doubt any of the paper pushers have looked at a chipboard or a line of code; they're all damn near the same thing. Just because your product allows people to communicate, interact, harass, belittle, or be a dick on the internet doesn't mean you have a monopoly on said products.

No. That's what the patent does.

I mean seriously, video decoders for wi-fi and another for how the 360 communicates with peripherals and other devices. I understand it's a big corporation case so the details are going to be kept quiet; but stuff like this just screams greed. I'm interested in how Motorola was able to prove Microsoft infringed on their patents because unless you hold a PhD in electrical engineering or something; I really doubt you'll be able to tell the difference.

Motorola has multiple people with PhD's in electrical engineering. It's kinda what they do.

"The judge then proceeded to slap everybody in the courtroom (partly assisted by the bailiff) in order to convey how much contempt he had for their petty dealings, while loudly expressing that the events that transpired would have an overall negligible effect on the advancement of the human race and that they should be ashamed to call themselves sapient beings. He ended his tirade by threatening to call the entire staff to physically eject them from the building if they wasted his time again."

Agayek:

Korzack:
Wasn't aware Google was buying Motorola though, that's an interesting development.

Technically, Google's only buying Motorola's mobile division. That's what their known for, but Motorola will still exist as an independent company afterwards. Really, Google's just after ownership of Motorola's patents so they can improve on Android.

Also, this is really getting ridiculous. I'm with the judge on this one. It's clearly just a retardedly huge business negotiation that's raping the judicial system in multiple countries because the companies in question are behaving like children. If I was in charge, I'd ban both companies from moving their products in the US for a year, for wasting the court's time and being such unreasonable fuckheads.

Don't worry Agayek, I'll let you be high judge in my kangaroo court when the revolution comes, and the first people up against the wall will be corporate copyright trolls. Vive la revolution!

Hero in a half shell:
Don't worry Agayek, I'll let you be high judge in my kangaroo court when the revolution comes, and the first people up against the wall will be corporate copyright trolls. Vive la revolution!

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I shall impose logic and decency on the tireless hoards of lobbyists and corporate fatcats in short order. Preferably via excessive use of explosives.

Man if Motorola wins Microsoft will get seriously pwned!

And the Xbox360 and potentially the 720 will crumble and if there are out of the market imagine the HUGE boost Sony`s PS3 will get :P

YAY

This is bloody stupid.

Each side should sit down over a cup of tea, shake hands and stop all of this at once as its all gone too far...

Copyright law needs a global reform... copyright law in it's current state is fucking stupid.

Well well, US once again putting their opinions above anyone elses. Who didnt saw this happen. Motorola will not win, why? because US will say them not to. Noone dares to go against US politically, because you know, almost half of worlds military belongs to US. And they already proved they cna get away with baseless wars.

Andy Chalk:

DVS BSTrD:
Shouldn't it be

I think so. Maybe. I'm kind of confused at this point, to be honest. But I changed it anyway. Thanks for the heads-up.

Any chance we can know what patents Microsoft is allegedly infringing on, or has that not been released?

The Google association hadn't occurred to me.

So, Motorola... somehow... owns the patent on H.265, the format used for virtually all video anymore including BluRay and YouTube, and Google will own them soon. This could go one of two ways. Either Google could release the format as an open standard, as per their usual stance on such things, or they could withhold the rights to use it from their two main competitors, Apple and Microsoft, thus severely crippling their business. Especially Apple's since it would effectively shut down the iTunes video store until they can come up with a new format of their own.

Or they could do absolutely nothing, I guess.

Azmael Silverlance:
Man if Motorola wins Microsoft will get seriously pwned!

And the Xbox360 and potentially the 720 will crumble and if there are out of the market imagine the HUGE boost Sony`s PS3 will get :P

YAY

I hope that was a joke.

Macgyvercas:

Andy Chalk:

DVS BSTrD:
Shouldn't it be

I think so. Maybe. I'm kind of confused at this point, to be honest. But I changed it anyway. Thanks for the heads-up.

Any chance we can know what patents Microsoft is allegedly infringing on, or has that not been released?

Mainly technicalities involving the decoding of H264 video. A few hundred lines of code at the very most.

 

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