Sci/Tech Xbox 360 and Windows 7 banned in Germany

[MrBrooks]

Motorola has won an injunction in the German courts against Microsoft, banning the sale of the Xbox 360, Windows 7, Internet Explorer and Windows Media Player. The mobile company, which was acquired by Google in mid-2011, had argued that Microsoft had infringed two patents in offering encoding and playback of H.264 video. The court agreed, though Microsoft has said that it plans to appeal the decision.

Motorola has been on the warpath for some time over its patent portfolio, and this case is just one of many that the company has brought against Microsoft. Microsoft, for its part, says that to comply with all of Motorola's demands would mean an annual bill of £2.5 billion, though Motorola says the real figure is lower. The European Commission is currently investigating whether Motorola has breached antitrust rules for charging too much for patent licensing, following complaints from other technology companies.

Read more here.

 

[Accname]

Sounds funny.

 

[MrBrooks]

I find it to be quite ridiculous, on both parties ends' to be honest.

 

[xPass]

charging too much for patent licensing

not again -.-

 

[Bloodcount]

LOL they are fucking up Germany more and more... I do wonder if I should have studied french instead

 

[Bribe]

The software used by public transportation is Microsoft-ware. So are we to expect the public transit system to instantly tank for a stupid patent? LOL?

Tens of thousands of electronic strores would be ordered to send their product back to Microsoft/uninstall Windows/destroy their inventory. A bajillion euros will be lost.

Consumers around the country would be using "illegal" software.

Businesses around the country would lose one of their most fundamental products.

Would Microsoft need to reimburse the people who have an "illegal" product? LOL?

...

German bureaucracy is among the worst I've ever seen. The fact that they have considered a PATENT with this much priority without considering the ramifications is a serious time for all of us to LOL? Or to throw out the government.

Seriously believing this is for show, or a vapor ruling that no one can enforce.

 

[Accname]

Nope, microsoft is only forbidden to further sell these.
The consumers do not need to do anything.
At worst microsoft would need to pay Motorola for every piece of software they sold which uses the patented material.

 

[Bribe]

I read on BBC that they could require to recall & destroy affected product. http://www.bbc.com/news/technology-17924190

Obviously would cost Microsoft less to pay off the patent, but the patent prices are GROSSLY extortionate. Patents in general are extortionate. For example Windows DirectX monopoly prevents many games from coming over to Mac or to Linux. In a philosophical sense, Microsoft deserves whatever patent attack is coming at them. In a realistic sense, Microsoft needs to pay them (and suffer a HUGE deficit) or somehow win the ruling that says that Motorola is being extortionate.

 

[s3rius]

German bureaucracy is among the worst I've ever seen. The fact that they have considered a PATENT with this much priority without considering the ramifications is a serious time for all of us to LOL? Or to throw out the government.

Kicking out the current political government would indeed be a great idea. Alas, everyone else is just as fucked up.
But that was a court decision, not a political one.

Anyway, patent is patent. And law is law. Our law is already turning a blind eye to the industry. No need for another one.

To say that MS should be treated less harsh than some random patent-infringing schmok feels to me like saying that big drug cartels should get off the hook because so many people "depend" on them and the police should rather go after the small fish.

Stupid analogy but still.

I hate all that patent and IP fanatism, but it's mostly big companies like MS who are eager to enforce them, so they should be hit with the same force when they do wrong.

If, SOMEHOW, they pull through to get a recall & destroy order out for Win7 then Microsoft will just buy the patents. No way they'd actually destroy Windows 7.

 

[FireCat]

I find this Just hilarious and :nuts: at the same time

 

[Bribe]

Basically Motorola wants to charge $20 per device to Microsoft when other companies are getting charged pennies. That's extortionate and that's why the ban was banned in Seattle.

 

[Slapshot136]

so Microsoft is being sued over a h.264 codec? I believe they deserve it - there are open-source alternatives, and not only that they use crappy video formats (.wmv) and allow THAT priority bandwidth streaming to the xbox? - this is exactly what MS deserves for not using open standards

 

[Hatebreeder]

German laws arn't as stupid as Bribe mentioned. These laws hinder poor copies and unauthorized use of other peoples stuff. Sure, it's pretty stupid to charge that much and yes, it is ridiculous that they're trying to ban Windows 7. However, if they'd soften up the laws for a few cases, that'd mean that the laws are not doing what they're supposed to. In this regard, that'd also mean that the laws are not transparent - I am very certain that a few companies would take advantage of the laws if they wouldn't be as consequent and the general public would have distrust in German bureaucracy.

That being said, I havn't seen any plagiates or poor copies of trademarked and patented stuff in any store here in Germany, not even in no-name shops in the past 5 years or so. So thats a good thing.

My arguments don't mean that I think Germany is doing the right thing, but I think they didn't have another choice. I'm very suprised about this because Germany is breaking their own rules already. For instance, if a German person would drive over to Holland to buy weed, he wouldn't be able to buy any there, because since the 1st of May, Germans are prohibited of buying weed in Holland. European laws state, that one country may not exclude another country if one of the countries gain a priviliage based on the state they belong to. The same issue is with Data privacy. German laws state, that the country will not save Data of a Person without them agreeing to it. However, European laws state that every country that belongs to the EU must save any Data into the so-called "Lager Speicher", where all phone calls and internet activity are saved for 30 days on a server. Germany has to give in to this to stay in the EU, but at the same time they have to break their own laws.

German bureaucracy is strict, but it's strict for a reason. I still feel sad for Microsoft though.

I'm on a horse.

 

[Bribe]

Pretty retarded that we can upload a video to Youtube here in Germany, our own video, and be banned from watching it because we live in Germany (because of the GEMA). However, the video is still up, and watchable from every other country we've visited. Pathetic.

 

[Slapshot136]

and.. windows 8 won't have the ability to natively play DVD's due to this - hopefully MS just removes windows media center/player/maker completely

 

[FireCat]

and.. windows 8 won't have the ability to natively play DVD's due to this - hopefully MS just removes windows media center/player/maker completely

That's Just insane. Well, windows 8 garbage will die quicker than DVD's!

 

[sqrage]

The software used by public transportation is Microsoft-ware. So are we to expect the public transit system to instantly tank for a stupid patent? LOL?

They definitely don't use Win7 in transportation systems.

 

[Bribe]

I think it is xp or 2000.

 

[Slapshot136]

That's Just insane. Well, windows 8 garbage will die quicker than DVD's!

why is it insane? there are better free programs that have been available for years, but MS uses it's OS to push it's own crappy programs instead - it isn't insane to want something different, like in Europe where they are obligated to offer alternative internet browser choices to stop that abuse of power

 

[FireCat]

there are better free programs that have been available for years, but MS uses it's OS to push it's own crappy programs instead - it isn't insane to want something different, like in Europe where they are obligated to offer alternative internet browser choices to stop that abuse of power

Well, I guess you're right.