Judge David Shaw has recommended that the International Trade Commission (ITC) should ban the importing of the Xbox in the US because of the ongoing licensing case between Motorola and Microsoft.
This again? You bet.As mentioned in my previous posts, Motorola and Microsoft have something of a dispute going on. Motorola, quite rightly, want some money because of the fact the Microsoft have used some of their work in the Xbox.
Xbox, quite rightly, don’t want to pay the ridicuolous amounts of money that Motorola are asking for. This has led to a game of ‘chicken’ in the court-room, where each company waits to see who blinks first. Wait, I said ‘chicken’, so that should really be ‘which company swerves out of the way first to avoid a really big mess’.
No one swerved out of the way. We have a big mess.
With neither side willing to budge in their demands, we’re at something of an impasse. Whilst these matters are being dealt with in the court some people want to focus on the fact (and IT IS a fact) that Microsoft are using un-licensed product. This, technically, means that the selling and production of such an unlawful product (the Xbox 360) could be stopped.
Until now, common sense has precided as everyone waits for the deadlock to end, but Germany were keen last month to make some noise and now David Shaw has thrown his hat into the ‘ban it’ ring. He states;
“Enforcing intellectual property rights outweighs any potential economic impact on video game console buyers…”
It seems that his support of banning the Xbox is to merely promote a speedier resolution to this dispute as he claims that the US District Court has been used as “a pawn in a global, industry-wide business negotiation.”
Yet again it seems that the headline is much worse than the facts. The facts are that this court case needs to be resolved and Mr Shaw is looking to speed up this progress by provoking a reaction from either side.