Guerrillas in the Mist
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(05-02-2012, 12:03 PM)

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Motorola wins Xbox and Windows 7 ban in Germany #1

Shiiiiit:

BBC

Originally Posted by BBC:
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.
Aru
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(05-02-2012, 12:04 PM)

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#2

V_Ben
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(05-02-2012, 12:04 PM)

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#3

Whoa. That's sort of insane.
Danielsan
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(05-02-2012, 12:05 PM)

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#4

Won't take effect any time soon. Verdict apparently has limited value.
Krev
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(05-02-2012, 12:05 PM)

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#5

Holy shit. No way Microsoft won't be able to turn that around with enough money...right?
Blunt
Banned
(05-02-2012, 12:05 PM)
#6

GOTT IN HIMMEL

Wait, didn't Germany pull this shit with the PS3 a couple of years back?
Bluemercury
Member
(05-02-2012, 12:05 PM)
#7

Take that MS....
bigtroyjon
Member
(05-02-2012, 12:06 PM)
#8

Ariticle on it

Not much to this, Motorola can't enforce it and Microsoft will be appealing anyways. All the real action is going to be in the US proceedings.
FliXFantatier
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(05-02-2012, 12:06 PM)

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#9

Originally Posted by Danielsan: View Post
Won't take effect any time soon. Verdict apparently has limited value.
thats what i am wondering, if i go into town today, will no shops be selling xboxes and laptops... unlikely...
Riposte
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(05-02-2012, 12:08 PM)

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#10

Year of the PS3
Majine
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(05-02-2012, 12:10 PM)

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#11

Originally Posted by Riposte: View Post
Year of the PS3
Well, it's the best selling console in the world YTD if I recall right.
murderofMonkey
Banned
(05-02-2012, 12:10 PM)
#12

Originally Posted by Blunt: View Post
GOTT IN HIMMEL

Wait, didn't Germany pull this shit with the PS3 a couple of years back?
i remember that the samung galaxy tab was banned in europe
reptilescorpio
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(05-02-2012, 12:11 PM)

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#13

That seems pretty huge if the courts follow through with the consideration.
Baller, PhD
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(05-02-2012, 12:12 PM)

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#14

Motorola:

Jacobi
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(05-02-2012, 12:13 PM)

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#15

Germany has all kinds of ridiculous court decision recently regarding software patents... This isn't America, goddammit!
Mithos
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(05-02-2012, 12:13 PM)

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#16

Wait!

An American court have banned Motorola from enforcing this in Germany!?!?!
A Human Becoming
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(05-02-2012, 12:15 PM)

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#17

Originally Posted by bbc:
The handset maker is in the process of being taken over by Google.
I was not aware of this. Interesting acquisition.
Originally Posted by Mithos: View Post
Wait!

An American court have banned Motorola from enforcing this in Germany!?!?!
America: The Empire.
Zeouterlimits
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(05-02-2012, 12:16 PM)

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#18

Originally Posted by bigtroyjon: View Post
Ariticle on it

Not much to this, Motorola can't enforce it and Microsoft will be appealing anyways. All the real action is going to be in the US proceedings.
So nothing happens till the US one then?
Gowans
(05-02-2012, 12:28 PM)

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#19

How is this not on Page one, WOW!

Patents are the worst now.
red731
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(05-02-2012, 12:28 PM)

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#20

Shiiii-

Game changer.
TheBioLover
Member
(05-02-2012, 12:28 PM)
#21

Sony later announces they secretly bought Motorola a month before.
subversus
I've done nothing with my life except eat and fap
(05-02-2012, 12:29 PM)

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#22

lol nice
Shiggy
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(05-02-2012, 12:29 PM)

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#23

It won't have any Xbox 360-related effects after all. Xbox 360 consoles aren't sold in Germany.
CrunchinJelly
formerly cjelly
(05-02-2012, 12:30 PM)

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#24

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.
Muchi Muchi Pink
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(05-02-2012, 12:31 PM)

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#25

Originally Posted by Blunt: View Post
GOTT IN HIMMEL

Wait, didn't Germany pull this shit with the PS3 a couple of years back?
GOTT IM HIMMEL.

No problem.
Majanew
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(05-02-2012, 12:32 PM)

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#26

Originally Posted by TheBioLover: View Post
Sony later announces they secretly bought Motorola a month before.
So Google is buying Sony? Interesting. The Google PlayStation Orbis. Epic E3 announcement.
Unregistered007
Banned
(05-02-2012, 12:33 PM)
#27

News @ 10

Major Nelson upcoming Deal of the Week: EVERYTHING...

/sarcasm
Raist
(05-02-2012, 12:34 PM)
#28

How the fuck can a US court can override a German court, in Germany.
Sn4ke_911
If I ever post something in Japanese which I don't understand, please BAN me.
(05-02-2012, 12:34 PM)

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#29

Originally Posted by Blunt: View Post
GOTT IM HIMMEL

Wait, didn't Germany pull this shit with the PS3 a couple of years back?

nice try and fixed.
Sephiroth503
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(05-02-2012, 12:37 PM)

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#30

Originally Posted by Raist: View Post
How the fuck can a US court can override a German court, in Germany.
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?
ZoddGutts
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(05-02-2012, 12:38 PM)

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#31

Originally Posted by Riposte: View Post
Year of the Mac/ipad
Fixed
Muchi Muchi Pink
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(05-02-2012, 12:39 PM)

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#32

Originally Posted by Sephiroth503: View Post
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?
I guess there are some special agreements between the countries.
walking fiend
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(05-02-2012, 12:42 PM)

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#33

Originally Posted by Sephiroth503: View Post
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?
maybe it is because both of them are actually american companies?
Syril
Member
(05-02-2012, 12:42 PM)
#34

Originally Posted by Sephiroth503: View Post
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?
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.
GeoramA
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(05-02-2012, 12:43 PM)

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#35

Originally Posted by Majine: View Post
Well, it's the best selling console in the world YTD if I recall right.
Don't tell Sony that. I don't want to hear sales talk at E3.
Alastor
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(05-02-2012, 12:43 PM)

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#36

Originally Posted by Muchi Muchi Pink: View Post
GOTT IM HIMMEL.

No problem.
This comment + Asuka avatar = awesome
gofreak
GAF's Bob Woodward
(05-02-2012, 12:43 PM)

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#37

Originally Posted by Muchi Muchi Pink: View Post
I guess there are some special agreements between the countries.
And probably in particular re. patent suits and stuff.
Risk Breaker
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(05-02-2012, 12:43 PM)

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#38

Originally Posted by Raist: View Post
How the fuck can a US court can override a German court, in Germany.
Because MS. They don't want the "country" to lose money so they'll do whatever it takes, including "losing" money.
Nibel
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(05-02-2012, 12:44 PM)

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#39

Ach du heilige Scheiße

Kann nicht wahr sein
TheOGB
Shots Shots Shots
(05-02-2012, 12:44 PM)

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#40

Originally Posted by Mithos: View Post
Wait!

An American court have banned Motorola from enforcing this in Germany!?!?!
Originally Posted by Raist: View Post
How the fuck can a US court can override a German court, in Germany.
Originally Posted by Muchi Muchi Pink: View Post
I guess there are some special agreements between the countries.
America: "WOAH GUYS, HOLD THE FUCK UP!

We're makin' money off this shit, you can't do that!"

EDIT: Beaten by a serious response
Raist
(05-02-2012, 12:45 PM)
#41

Originally Posted by Risk Breaker: View Post
Because MS. They don't want the "country" to lose money so they'll do whatever it takes, including "losing" money.
I'm not asking why, but how.
MarshMellow96
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(05-02-2012, 12:46 PM)

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#42

So this is what they meant when they said they weren't showing a new Xbox at E3.
Hypertrooper
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(05-02-2012, 12:46 PM)

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#43

Does Motorola only have the patents in Germany or what?
Sephiroth503
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(05-02-2012, 12:52 PM)

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#44

Originally Posted by walking fiend: View Post
maybe it is because both of them are actually american companies?
Yeah I guess that makes sense.
Shiggy
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(05-02-2012, 12:53 PM)

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#45

Originally Posted by Hypertrooper: View Post
Does Motorola only have the patents in Germany or what?
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.
EGM1966
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(05-02-2012, 12:55 PM)

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#46

Originally Posted by Raist: View Post
How the fuck can a US court can override a German court, in Germany.
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!
ShinobiFist
El Fabio Speaks Wu-Tang
(05-02-2012, 12:55 PM)

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#47

You know MS is going to settle in the end.
Raist
(05-02-2012, 12:59 PM)
#48

Originally Posted by EGM1966: View Post
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!
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
(05-02-2012, 01:03 PM)

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#49

Originally Posted by EGM1966: View Post
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!
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.
Last edited by Haunted; 05-02-2012 at 01:23 PM.
erpg
GAF parliamentarian
(05-02-2012, 01:07 PM)

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#50

I am honestly surprised any court could back Motorola on this.