Motorola wins injunction: Xbox 360 and Windows 7 sales banned in Germany

By Leeky
May 3, 2012
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  1. Microsoft was dealt a huge blow by Motorola Mobility after the latter was granted an injunction by the Mannheim Courts in Germany, preventing the Redmond-based software giant from selling online or...

    Read the whole story
  2. Wow German courts just allow anything now don't they?
    It's bad enough they gave an injunction to Apple for patents on technologies originally patened as far back as 1982, yeesh.
    This one seems legit though, M$ saying "We're not paying for licensing because it costs us money" is pretty ridiculous. So they're pirating the use of the product since they didn't pay for it? If this happens in North America, I'll laugh beyond belief (bad enough x360 owners got sucked into paid yearly memberships and HDDVD upgrades, $50 cables to transfer data from one to another, etc etc).
  3. Thing is tho now microsoft are getting asked for money they are saying its not right but when its microsoft asking for money they think its ok, is it me or does microsoft just want to be extremely greedy?
  4. stewi0001

    stewi0001 TechSpot Enthusiast Posts: 307   +18

    All of this patent drama makes me not want to invent anything...
  5. LNCPapa

    LNCPapa TS Special Forces Posts: 4,284   +262

    Amen to that. This is going to retard creativity.
  6. TJGeezer

    TJGeezer TechSpot Enthusiast Posts: 385   +10

    Let's all pause and give thanks to our various countries' legislating lawyers that the patent system is all fixed now.

    As for Microsoft, of course it's greedy: It's a corporation. No worse than Apple, though, and arguably better since they stopped stealing directly from ISVs. At least I heard they're actually, honestly encouraging independent developers now, plus they're not soaking them for 30% like Apple or promising partnerships and then hobbling their own ecosystem "partners" like some other big software corporations.

    Germany used to have well enforced restraint of trade laws. Did the lawyers fix those, too?
  7. Ranger1st

    Ranger1st TechSpot Enthusiast Posts: 265   +77

    Germany is going to become a tech wasteland if they keep going this way.. no one will bother to sell product there for fear of running afoul of the what can best be described as libertarian patent law policy.
  8. please explain what that prejudiced bullshit means Mr Ranger sir, because in Europe we don't have Libertarianism, and nothing in wikipedia's entry on the philosophy makes any sense in the context of patent law or this ruling
  9. fimbles

    fimbles TechSpot Evangelist Posts: 1,241   +125

    Anti-Libertarianism

    Against freedom of thought, expression, etc.

    Libertarianism being the opposite.

    Ps: im european :)
  10. What goes around, comes around, Microsoft... They've demanded a royalty on every Android device that's reportedly more than they make on their own Windows Phone 7, this is simply their payback. Gotta love their excuse - "we didn't pay because it would have cost us too much". Wonder how they'd have reacted if they got the same answer from some of the Android manufacturers.
  11. m4a4

    m4a4 TechSpot Addict Posts: 515   +137

    I'm with MS on this one. Sure they can be seen as greedy, but Motorola promised MS (and many others) that the patents would be useable based on FRAND terms and they are going against their word. Who cares if they "demanded a royalty on every Android device", they can do that because they didn't promise otherwise...
     
  12. Night Hacker

    Night Hacker TechSpot Enthusiast Posts: 112   +12

    I can't stand patents, the concept of owning an idea is absurd.
  13. Finaly, its time for Microsoft to pay.... they love the concept of ideia theft .. I hope to live enough to see MS fall !!
  14. Germany is really becoming a festering turd of a country.
  15. Chazz

    Chazz TechSpot Enthusiast Posts: 629   +59

    As far as I understand, this ruling is meaningless. Microsoft won the case in USA which prohibits Motorola from enforcing this ban.
  16. cookiedude

    cookiedude TechSpot Booster Posts: 230

    Different countries, different legal systems... last time I checked American law doesn't govern the whole planet ;) I don't know enough about this to criticise or support, however, if Motorolla have gone against what was promised under FRAND then I can see why MS (or any other company in such a situation) would feel aggrieved.
  17. Chazz

    Chazz TechSpot Enthusiast Posts: 629   +59

    Yes, but Motorola is USA company and as such is bound by USA rulings. Yes, officials in germany ruled in favor of Motorola but I think they will face legal troubles here if they act upon it.
  18. Chazz

    Chazz TechSpot Enthusiast Posts: 629   +59

    http://news.yahoo.com/court-bans-microsoft-products-german-market-083739330--sector.html\

    And to the people supporting Motorola, as the guest above said, this isn't about Microsoft. What Motorola is doing is wrong. If everyone that owned patents in h.264 did the same as motorola things would get out of hand. Add another 22+ thousand dollars to the price of your new phone and that's just to allow it to do h.264. The prices of our devices would get outrageous if things went this way. Standards would die, there would be no GSM, no HDMI, no wifi. Every company would come up with their own implimentations of these technologies. Imagine going to a friends house and not being able to use their wifi because you have a samsung phone/laptop instead of a nokia one. I think Techspot should educate their readers about this.
  19. rculver9056

    rculver9056 Newcomer, in training Posts: 28   +7

    Tosh!
    Microsoft tries to put codecs in Windows so people don't have to download these codec packs with all the associated crap you get with them, and look where it gets them.

    Perhaps you should have a go at the patent trolls instead...
  20. Chazz

    Chazz TechSpot Enthusiast Posts: 629   +59

    I'm not sure if that was in regards to what I said. I'm not talking about normal patent trolling or the patent system it self necessarily. I'm focused on companies using standards essential patents in litigation. These standards only became standards because the rights holders promised to be fair and reasonable with their terms. It has nothing to do with what codec's Microsoft puts in their software. The issue is bigger than that. Microsoft has patents as well for h.264 so they could take part in these same shady tactics if they wanted to. And they'd be wrong as well, imo.
  21. Microsoft are just as much to blame. They send lawyers all over the place to get other mobile companies to pay the royalities for using android! They all do it - so development of IT can be slowed down and cost us all more!


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