Shacks
The legal battle between Microsoft and Motorola has taken another big step toward the Xbox 360 being banned. Judge David Shaw recommended to the International Trade Commission (ITC) that Microsoft be given a cease-and-desist order on the sales of Xbox 360 slim versions in the United States. The judge also recommended ceasing Chinese imports of Xbox 360’s and a payment of 7% of the value of unsold consoles in stores.
News comes in that the ITC can now let that decision stand and in which case will become the official stance of the ITC. An alternative is the commission could amend some terms or possibly send it back for a complete rewrite. If the ITC does adopt Judge Shaw’s recommendations, President Barack Obama will have 60 days to review the decision and from there it would have to be appealed to the Court of Appeals for the Federal Circuit.
This comes after a huge blow to Microsoft after Motorola won its patent ruling causing a sales injunction in Germany, although that will not go into effect until the US case is settled. Motorola claims a technology that has been used in many Microsoft devices. Microsoft has made claims that Motorola has asked for outrages licences fees for their patents, which apparently makes it okay for Microsoft to use them with out permission (at least in their eyes).
Microsoft has argued that banning the console would not serve the public’s interest or what it really is, Microsoft would not make money off the public. However, Shaw says enforcing property rights takes precedence. Microsoft can appeal and most likely will, but the fact is the ban of Xbox 360 consoles in the US is even more real at this point.
WTF!!!!!!!!!!!!!!!