A judge in the US has recommended that the Xbox 360 be banned as part of a ruling that says Microsoft’s console infringes upon Motorola patents. He also wants the software giant to make a payout equal to seven per cent of the value of unsold consoles in the US.
Microsoft’s counter argument to this demand is that it wouldn’t be fair on consumers, since it would leave them with only two console options. The judge seems happy that Sony and Nintendo could pick up the slack – seemingly assuming that everyone can afford to just buy another console, whether they like the Xbox experience or not.
As far as the judge is concerned intellectual property rights are more important.
In terms of the bond payment, Microsoft wants to reduce it from 7 per cent to 2.5 per cent. In contrast, Motorola is recommending it be increased to 100 per cent of unsold Xbox consoles.
Outside Judge, James Robart, said both sides were clearly “driven by an attempt to secure commercial advantage. To an outsider looking at it, it has been arbitrary, it has been arrogant and frankly it has been based on hubris.”
Motorola has already won its case in Germany, leading to a block order on Xbox consoles. Funnily enough though, Microsoft was able to use US legislation to prevent the ban taking place.
The global legal system is confusing.