Motorola wins Xbox and Windows 7 ban in Germany

[pete_1967]

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.

The rest: http://www.bbc.co.uk/news/technology-17924190

[stevea]

As much as I love seeing any M$ beaten down (can you say 'schadenfreude' ?), this is just another miserable decision in the IP wars the big companies are playing. Motorola sues M$FT for using their compression algorithm, M$FT shakes-down all the Asian Android makers for unspecified infringements. Apple sues Samsung for using their clever display idea ...

IP law was *supposed* to make it profitable to invent something truly new and innovative - not to put up fences to prevent using obvious ideas.

I can't speak to the value of Motorola's IP in this case - maybe it was some brilliant-innovative compression algorithm that has never been thought of before. More likely it's just some one of a thousand ways to solve the same-old problem.

As a software developer - you can't sneeze anymore w/o someone claiming IP infringement.

[nonamedotc]

I think this will only lead more law suits on copyright infringement all over the world now! I hope it does not go down the tit-for-tat road between companies.

Originally Posted by stevea

IP law was *supposed* to make it profitable to invent something truly new and innovative - not to put up fences to prevent using obvious ideas.

Beautifully said!

Sadly enough, this is NOT the way things seem to work in the current market anywhere in the world. In fact, it seems like patents are used more for lawsuits than licensing.

[Fenrin]

Originally Posted by stevea

[...] (can you say 'schadenfreude' ?), [...]

yes you can say that. If you don't know how to pronounce it: http://www.duden.de/rechtschreibung/Schadenfreude

Before Motorola filed a lawsuit against Microsoft, Microsoft did the same against Motorola in the US at the federal court Seattle. Microsoft Files Patent Infringement Action Against Motorola

Microsoft will still sell Xbox and Windows 7 in Germany. One reason is because of this: U.S. judge orders Motorola not to enforce Microsoft injunction in Germany
And they can also file an appeal at the higher regional court.

[bonedome]

Blimey
first DVD playback now H264 they're really selling it to me

[pete_1967]

Most of these issues would go away if they simply applied similar principle to trademark protection: once registered, you are responsible for actively defending it from the word go. If you don't, you lose the right to it. But as long as companies can choose who, when and where they sue for patent infringement, the situation will never change.

What comes to software patents themselves, I'm rather neutral, I can see both sides of the argument. Just nice to see some of the most vile companies getting a bloody nose every now and then too.

[Gareth Jones]

All I hope is that if crazy antiquated and misapplied IP laws start to really bite the larger tech companies, we might finally start a chance of getting them changed.

Obviously wishful thinking, and if the change were driven by huge companies it probably wouldn't benefit FOSS much.