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Motorola wins Xbox and Windows 7 ban in Germany

D

Dead Man

Member
derFeef said:
It got answered already and you quoted the answer already, so why ask again? It's all in this very small thread.
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I find a correction with a guide to the source or even the post does more good than just saying 'No, your wrong'. But hey, I guess discussion is a dying art.

And if I quoted the answer, I am not seeing it, other than 'LOL, read more'.
 
D

dragonelite

Member
Dead Man said:
I find a correction with a guide to the source or even the post does more good than just saying 'No, your wrong'. But hey, I guess discussion is a dying art.

And if I quoted the answer, I am not seeing it, other than 'LOL, read more'.
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Not sure but it is all in the op's link..
 
C

Cipherr

Member
Jesus Christ stop linking to biased studd like FOSS patents and Groklaw for anything pertaining too, or even loosely related to Google/Apple etc. Terrible terrible bias on those sites, there have got to be better outlets to get information on these things from. At least I hope there is.
 
D

Dead Man

Member
AzureJericho said:
How dos a US court overrule a ruling in another country? This I am fascinated to hear more about.
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Haunted explained it earlier:
Haunted said:
I'm pretty much a layman, but from what I understand, there are requirements to be met before Motorola can enforce this ban. One of these requirements is that a bond is posted in a local (in Motorola's case, US) court. MS anticipated this and won a case in the US that now prevents Motorola from meeting the requirements necessary to enforce the German ruling.


As to why these requirements are the way they are, that's better left to the guys who actually know what they're talking about like Phisheep. :p
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And with that, I'm off to bed. I hope this makes more sense in the morning, 'cause right now my head hurts.
 
E

EGM1966

Member
AzureJericho said:
How dos a US court overrule a ruling in another country? This I am fascinated to hear more about.
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They didn't overrule it (don't believe they can). The US court forbade Motorola from excercising the ban until they rule on a seperate case from MS alleging Motorola is dicking about.

So the German ruling stands but Motorola can't execute the ruling without falling foul of a US ruling against them in US.
 
D

dragonelite

Member
Dead Man said:
Maybe I am an idiot (don't answer that) but I am not seeing anything in the article linked in the OP that invalidates the claim made by the poster they were claiming was wrong. Ugh, what an ugly sentence.
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I think this is it if not im stupid.
However, Motorola cannot enforce the ruling until a Seattle-based judge lifts a restraining order.

The restriction was put in place after Microsoft claimed that Motorola was abusing its Frand-commitments - a promise to licence innovations deemed critical to widely-used technologies under "fair, reasonable and non-discriminatory" terms.
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They are asking like 4 billion for two H.264 coding and playback patents. Which is a widely used video standard and they are discriminating against microsoft haven't heard of other companies paying such a high fees for those patents anually.
 
W

watership

Member
markot said:
Its the same as microsoft getting 5 bucks an android phone... just because the scale is larger doesnt change anything, itsbecause microsoft is infringing on so many products. They clearly didnt have an agreement with microsoft before. And most importantly, these are actual important patents not the bs microsoft shakes down others with.
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It's incredible how you're twisting truths here. The reason Microsoft gets money from Android phones is because so many manufacturers jumped on the Android bandwagon with shortcuts and violated loads of patents. MS isn't suing, they signed agreements. Many, MANY companies go this path. You'd be blown away by how many similar patent license agreements are out there.

edit: cuz I cant spell gud.
 
N

Noshino

Member
NemesisPrime said:
No they didn't. FFS people should really read the stuff that came before.
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derFeef said:
This is not true at all. No offense but I hate it when people make up their own stories of how things went based on thread titles and headlines.
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My apologies if mistaken, but the article that is being linked around in this thread seems to imply that Microsoft still used said patents. Do you mind pointing out where it says that Microsoft didnt? because as far as I can see no one seems to be claiming otherwise.

dragonelite said:
I think this is it if not im stupid.


They are asking like 4 billion for two H.264 coding and playback patents. Which is a widely used video standard and they are discriminating against microsoft haven't heard of other companies paying such a high fees for those patents anually.
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Im not saying anything about Motorola's request, I do think that it was far too high.

Once again, what I said was that Microsoft used the technology after not agreeing to Motorola's terms (with the likely intent to hope to fix it afterwards). What you pointed out doesn't seem to refute that.
 
B

bj00rn_

Banned
Not saying MS isn't profiting on patents, but ffs the patent-madness is on a roll these days.. What a huge fail the software patents has become. And onsumers are the real losers in all of this IMO.
 
N

Nevasleep

Member
Noshino said:
My apologies if mistaken, but the article that is being linked around in this thread seems to imply that Microsoft still used said patents. Do you mind pointing out where it says that Microsoft didnt? because as far as I can see no one seems to be claiming otherwise.



Im not saying anything about Motorola's request, I do think that it was far too high.

Once again, what I said was that Microsoft used the technology after not agreeing to Motorola's terms (with the likely intent to hope to fix it afterwards). What you pointed out doesn't seem to refute that.
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Isn't the point that Motorola agreed with the standards organisation that the patents would be available under FRAND (Reasonable and non-discriminatory licensing)......which they haven't followed.
 
S

salpa

Banned
The ban will not be enforceable. If a patent is REQUIRED to use a popular mechanic, such as a video codec such as avi or mpeg, the court requires that the patent holder come to some sort of agreement with the company.

This is why Motorola's and Google's patent suits in Germany are failing against Apple. They are not trying to get Apple to pay royalties - they are trying to ban their products. The courts keep giving preliminary injunctions and later overturning them because Motorola's patents are pivotal to certain technologies, and thus Motorola are required to license it to other companies in a non-biased fashion.
 
S

specialguy

Banned
salpa said:
The ban will not be enforceable. If a patent is REQUIRED to use a popular mechanic, such as a video codec such as avi or mpeg, the court requires that the patent holder come to some sort of agreement with the company.

This is why Motorola's and Google's patent suits in Germany are failing against Apple. They are not trying to get Apple to pay royalties - they are trying to ban their products. The courts keep giving preliminary injunctions and later overturning them because Motorola's patents are pivotal to certain technologies, and thus Motorola are required to license it to other companies in a non-biased fashion.
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But why does Apple get to ban everybody else for their patents?
 
M

McLovin

Member
gcubed said:
the title isn't the patent. Read the patent. Nothing vague about it

Gt13d.png




thats 2 paragraphs out 28 pages (some of it is in other languages). There is also 7-8 pages of diagrams of how it works.
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Ok but Blocking windows 7 and Xbox sales is going overboard. Or was that just the court?
 
B

bigtroyjon

Member
Judge issues preliminary injunction barring Motorola from blocking Xbox, Windows sales in Germany
A federal judge in Seattle who last month temporarily prohibited Motorola from enforcing any injunction against the sales of Microsoft products in Germany has converted that temporary restraining order into a preliminary injunction.

Judge James Robart of the U.S. District Court in Western Washington wrote in today's order granting Microsoft's request for a preliminary injunction that:

Based on the evidence before it, the court finds that Microsoft has shown that a German injunction enjoining the sale of Microsoft Software and the Microsoft Xbox in the country of Germany will result [in] irreparable harm. Microsoft has provided this court with convincing evidence that it will lose market share, which will be difficult to regain, and suffer harm to its business reputation.
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