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ITC Judge Calls For US Xbox Import Ban
symbolset writes "In the long running dispute between Motorola and Microsoft, Judge David Shaw of the ITC recommended Monday an import ban on Xbox 360 S consoles, as they are found to infringe Motorola's patents (PDF). The judge also ordered Microsoft post a bond of 7 percent of the retail price of all unsold U.S. Xbox inventory. The decision will go to the ITC's board of commissioners, who will either uphold the recommendation or overturn it. 'Microsoft argued that Shaw's exclusion order does not serve the public interest because it would leave consumers of video game consoles with only two options to satisfy their needs: the Sony Playstation and the Nintendo Wii. Shaw rejected that argument, finding that the public interest in enforcing intellectual property rights outweighs any potential economic impact on video game console buyers.'"
This follows news last week of Microsoft winning an import ban on Motorola's Android devices.
Both sides are assholes on this one. They seriously need to overhaul the US patent system, the balance has been tipped (for a long time) to where it stifles innovation way, way more than it fosters it.
About the only things that deserve patents are fundamental discoveries and drugs that are unique and cost hundreds of millions to develop and test. And even then, just provide some kind of "formula patent" that only lasts 5-6 years.
Most patents are fundamentally flawed because they rely on a small leap from someone else's existing work. Sure, if you just step outside the box and totally invent zero point energy in your mad scientist lab you should get a patent and make $5 trillion from it. But most "inventions" are just trifling little bullshit extensions of something that exists already.
Well, Microsoft won an import ban against Motorola for a patent on "generating meeting requests", so I'd say turnabout is fair play, in this case.
Although you are right about the damages, in a way: how are all those red-ringed XBOX 360s supposed to get replaced now? *ducks*
Google is evil.
Ah, right. Let me check: timestamp of post matches that of article, 4 post history all on Google/MS discussions (all today). Oh look, a shill!
"None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
Yeah, sure, blame Google. After all they acquired control over Motorola yesterday so they must be responsible for this ruling which came out 2 days ago.
"Microsoft argued that Shaw's exclusion order does not serve the public interest because it would leave consumers of video game consoles with only two options to satisfy their needs"
Bah ha ha ha ha ha ha ha ha ha ha ha.
Microsoft sure has some huge balls.
unfortunately, turnabout play does nothing for the customer or the nation.
It does if it convinces companies that they need to lobby against the patent system instead of for it.
I wonder how long this system will remain viable?
Reminds me of a story concerning the game "MULE" (an excellent little multi-player economy-based game set around the building of a new colony). I liked this game a lot and often played against my brothers and friends. We'd play very competitively, each trying to maximize our own profits. Then I met a friend at college and happened to mention this game. She said, "Oh, I love that game too. What was the richest colony you made?" Until she asked, it hadn't occurred to me that you could play the game a different way: cooperatively, in order to achieve the best good for the colony as a whole.
I wonder when humanity will figure that out too.
(This is not an endorsement of "socialism" or "communism" or anything like that, or even a criticism of competition. It's just a note that we tend to focus too much on little-picture, selfish goals instead of big-picture ones. Compete to make the best thing, rather than compete to kill the competition.)
I think we're seeing some wide cracks in the patent system if a product can be produced right up to EOL before an import ban can be thrown at it.
Looking at it rationally, how could it possibly work any other way?
Given that there are patents, gazillions of them, how can you possibly read thru each and every on to find out if your new product might have run afoul of some clause in some obscure patent, especially when the language of those patents is purposely written to be vague and all inclusive? You would have to spend two years of patent lawyer time researching what it took you two months to breadboard up in the lab.
These things are always going to be discovered after the fact.
While developing your new gizmo, you only look at the obvious competitors. (Some avoid looking at all, due to the risk of idea pollution).
Microsoft does not see Motorola as a competitor in game consoles, so they ignore them. Same for John Deere tractors. No game consoles. Ignore them.
But then they make the mistake of trying to block Motorola phones, and Moto starts digging around in its bag of patents for a club to hit Microsoft with.
Would Moto spend that time and money without the initial provocation? I'm guessing not.
Sig Battery depleted. Reverting to safe mode.