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Motorola wins Xbox and Windows 7 ban in Germany

G

Guerrillas in the Mist

Member
Shiiiiit:

BBC

BBC said:
Motorola Mobility has been granted an injunction against the distribution of key Microsoft products in Germany.

The sales ban covers the Xbox 360 games console, Windows 7 system software, Internet Explorer and Windows Media Player.

It follows a ruling that Microsoft had infringed two patents necessary to offer H.264 video coding and playback.

A US court has banned Motorola from enforcing the action until it considers the matter next week.

The handset maker is in the process of being taken over by Google.
Click to expand...
 
A

Aru

Member
image.php
 
K

Krev

Unconfirmed Member
Holy shit. No way Microsoft won't be able to turn that around with enough money...right?
 
J

Jacobi

Banned
Germany has all kinds of ridiculous court decision recently regarding software patents... This isn't America, goddammit!
 
C

CrunchinJelly

formerly cjelly
It seems a lot of people missed this bit:

A US court has banned Motorola from enforcing the action until it considers the matter next week.
 
S

Syril

Member
Sephiroth503 said:
America: World Police ;)

But seriously, not a clue. Can any court just overrule a court in another country? If so, what's the point of anything then?
Click to expand...

Motorola is an American company, so I guess it's subject to US court rulings over those of other countries? I never understood this stuff too well.
 
S

Shiggy

Member
Hypertrooper said:
Does Motorola only have the patents in Germany or what?
Click to expand...

German courts often judge in favour of the patent holder as seen with various bans, e.g. of the Samsung tablets.


Btw, the American court decision is completely unrelated to the ruling in Germany.
 
E

EGM1966

Member
Raist said:
How the fuck can a US court can override a German court, in Germany.
Click to expand...

It can't. However the way Motorola is set up (so far as I understand it) allows the US court to tell them what to do. So basically the US court isn't telling the German Court what to do nor is it overriding it, it's telling Motorola not to use the ruling. So basically Motorola could force the ban in Germany but it's been told not to by US Court.

I have no idea what would happen if Motorola went ahead though. I guess there must be some ability for US court to punish them although the couldn't stop the ban being executed.

Clear? I fear not!
 
R

Raist

Banned
EGM1966 said:
It can't. However the way Motorola is set up (so far as I understand it) allows the US court to tell them what to do. So basically the US court isn't telling the German Court what to do nor is it overriding it, it's telling Motorola not to use the ruling. So basically Motorola could force the ban in Germany but it's been told not to by US Court.

I have no idea what would happen if Motorola went ahead though. I guess there must be some ability for US court to punish them although the couldn't stop the ban being executed.

Clear? I fear not!
Click to expand...

But they can't forbid them to do something in a country not under their jurisdiction. Plus, it's quite dodgy. Does the american judge have MS shares or what.
 
Haunted

Haunted

Member
EGM1966 said:
It can't. However the way Motorola is set up (so far as I understand it) allows the US court to tell them what to do. So basically the US court isn't telling the German Court what to do nor is it overriding it, it's telling Motorola not to use the ruling. So basically Motorola could force the ban in Germany but it's been told not to by US Court.

I have no idea what would happen if Motorola went ahead though. I guess there must be some ability for US court to punish them although the couldn't stop the ban being executed.

Clear? I fear not!
Click to expand...
Motorola can't go ahead because MS is appealing and enforcement during an ongoing appeal requires posting a bond at a local (in this case, US) court, and that's what MS prevented by winning that Seattle court case.

Additionally, Mannheim isn't the highest level court for this, so even if they lose the appeal, MS will just go to the next higher one, dragging this out longer.

As you said, the US court ruling has no bearing on the German court ruling or German courts.
 
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