Xbox 360 should be banned in US, says judge

[UPDATE] ITC judge recommends US import ban on 4GB and 250GB Xbox 360 slim consoles amid ongoing patent dispute with Motorola; Microsoft confident board will rule in its favor.

The ongoing legal dispute between Motorola Mobility and Microsoft could see some versions of the Xbox 360 banned in the United States. International Trade Commission judge David Shaw has recommended that the trade group ban the import of 4GB and 250GB Xbox 360 S consoles, reports Courthouse News. These consoles are manufactured in China.

Shaw wants Xbox 360s banned from import to the United States.

Sales of consoles already in the United States should be banned by a cease-and-desist order, Shaw says. On top of this, the judge recommends Microsoft pay Motorola 7 percent of the value of any unsold consoles in the US.

Microsoft argues that Shaw's order to ban the import of Xbox 360 consoles would hurt consumers, as it would leave interested buyers with only two options: the PlayStation 3 or the Nintendo Wii. Shaw rejected this assertion, noting the public interest in enforcing intellectual property rights trumps any "economical impact" on console buyers.

Should ITC commissioners agree with Shaw's recommendation, President Barack Obama and advisors will have 60 days to review the decision, the site reports. After this time, whatever is decided can be appealed.

[UPDATE] Following the publication of this story, a Microsoft representative told GameSpot that it is confident the ITC will rule in favor of Microsoft.

"The recommendation by the Administrative Law Judge is the first step in the process leading to the Commission's final ruling and has no immediate effect on the availability of Xbox 360 in the U.S.," reads a line from the statement. "We remain confident the Commission will ultimately rule in Microsoft's favor in this case and that Motorola will be held to its promise to make its standard essential patents available on fair and reasonable terms."

Last month, Shaw ruled that the Xbox 360 violated a string of patents Motorola holds for video decoding, Wi-Fi connection, and console-to-accessory connections. And earlier this month, a German court decision banned the sale of Xbox 360 consoles in that country, though it had no immediate effect, because Microsoft was granted a preliminary injunction.

The ITC is expected to conclude its investigation by August 23.

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Discussion

990 comments
rialvarado83
rialvarado83

It appears to be that it's google who is behind all this same thing as going on against apple luckily google didn't got its way and now Samsung got banned from making their galaxy, note so on and so forth. The only thing my guess and correct me if I am wrong, my guess is that google may be trying to get a platform in mind and is trying to destroy all major consoles to have its own way and path in consumerism.

Suikogaiden
Suikogaiden

Wow look at all the stupid comments here.

An_Ethiopian
An_Ethiopian

It should've been banned from the start for charging people to play online. I mean really? You're asking me to use money I could get pizza and McDonalds with just so I can use my internet connection to play my games?

jstone97
jstone97

I hate the PS3 so if they ban Xbox then I guess I'm not playing games anymore

dicegamer
dicegamer

i going to buy first 10 games for the xbox 360 and i be done buy games for it

PS3 is my favorite system right now

xXEpicPwner13Xx
xXEpicPwner13Xx

Finally, this is what us PS3 users have been waiting for. Finally, more people will buy a PS3 and find out that it was always better than the 360. Go Judge, Go! As for the Windows 7 thing, this is the only way that I would dislike the ban because Microsoft and Windows make such great computers and OS, just not consoles.

liljamie93
liljamie93

i want my money back then if yall goin to ban xbox 360

Kornelious7
Kornelious7

FINNALY! Things will be much better without the 360 around!

Lynnea
Lynnea

It's the number 1 selling console nationally and globally. Good luck banning it.

Spiderwiz08
Spiderwiz08

First of all, Bill Gates is one of the richest people in the world, he will buy himself some of the best lawyers, all he has to do is tap into his personal reserves.

acidrain1976
acidrain1976

*sighs* 38 Studios' CEO and VP bail (with all the money I'm sure) and doesn't pay employees... Microsoft is getting sued for patent fraud? ROFL! What is happening to the video game industry? Every empire eventually crumbles, eh!

No_Intelligence
No_Intelligence

Who cares, like people who actually want the 360 still haven't bought one yet?  get them on Craigslist, or other models are still available to you.

Customarycloth
Customarycloth

Ah yes the tech industry with their patents! How much they bicker...

By the way 360 WILL NEVER be banned in the U.S. Microsoft is bigger and besides, the public uproar will engulf us all.

Mozuckint
Mozuckint

As stated in the article, These are FRAND patents. If MS and Moto can't agree, the government will FORCE them both to agree to a licensing term regardless of.

Kane04
Kane04

Is it just me who's thinking this is MS own doing to ditch support on the 360 like they did on the original Xbox?

 

When I got my original Xbox in 2004, I didn't expected it to last for ever but sure as hell didn't expected it to me ignored all together like that, at the end I got less than 10 games for it which admittedly is not brilliant.

 

Haven't bough a 360 yet, pretty sure I won't ever, but seriously they only remember this now when the Xbox4Live is about to come out?

NoelXYeul
NoelXYeul

"Microsoft argues that Shaw's order to ban the import of Xbox 360 consoles would hurt consumers, as it would leave interested buyers with only two options: the PlayStation 3 or the Nintendo Wii."

 

That made me laugh so loud, my window was open and the people outside must have thought I was crazy. Isn't Microsoft's goal to get rid of Sony and Nintendo and be the only console in the market?

digi-demon
digi-demon

Motorola? are'nt they owned by google? funny that....

Earthen80
Earthen80

Microsoft oh Microsoft... You brought this upon yourself Microsoft. You've always seemed like a big, obnoxious company that puts profit first and consumers later. Xbox 360 has degenerated quite a bit over the last two years, no new exclusive I.P's, only kinect stuff.

 

They clearly pay off Activision so that they get first dibs on everything COD related (COD makes a lot of money) and they don't invest in the development of new 360 exclusives to be made by their in-house developers. Third party games and XBL subscriptions have kept them afloat and made them a lot of money. They released the Xbox 360 before the PS3 in an attempt to undercut Sony, but what they released was an incomplete and unreliable console that broke down regularly and didn't have a hard drive as a standard, but it was cheap and has nice graphics at the time so people clamoured for one.

 

I'm no Sony fanboy but I respect them a lot more for all the trust and investment that they've put into the development companies they own, and it's paid off with great PS3 exclusives coming out every year.  The fact that their online services are free is also a big plus in my books.  They took a massive risk by releasing a console that was over-powered, expensive and contained a lot of new tech a year after the 360. At first, this massive risk seemed to doom the PS3 to failure, but now that risk is paying off with high quality exclusives and a gaming library bulging with quality.

 

When it’s all said and done though, I personally wouldn’t want Microsoft to fail because Nintendo and Sony need competition to get better, I just hope Microsoft stop being greedy and take gamers into account.  Yeah I know my rant has nothing to do with the Motorola issue but I just wanted to rant :P.

 

Nzilla
Nzilla

i already own an x-box so i don't really care.  people should stop buying consoles at this point anyway, the next gen systems are right around the corner.  save your money morons.

Kingofbluelions
Kingofbluelions

Like i said Microsoft should just stick to PC gaming; making console games is just a waste of resource and money when it comes down to the statistics of consumerism. Eventhough, game companies are slowly digging their own graves. 

uncagedpaul_86
uncagedpaul_86

not that this news will effect me seeing how i own a mac book pro and a ps3. But it all comes down to a simple factor, if your making money off of someone else's work and not paying them for the rights to use it, then you would not only be p****d, you would want whatever they made off of it. Just a thought though, will they have the same patent inside the next xbox? 

ghost688
ghost688

BUDDYS! EACH OF YOU GUYS KNOW: MANY RULES THE PEOPLE DISAGREE COME FROM GOVERNMENT ENDS IN REVOLUTIONS AND DEATH. THE GOVERNMENT ARE THINKING HAVE NO PEOPLE WILL FIGHT FOR THAT? I KNOW MANY PEOPLE LOVE THAT CONSOLE SO MUCH TO STAY SHUTED UP. WE HAVE TO FIGHT FOR OUR RIGHTS ALWAYS. WE HAVE TO FIGHT FOR WHAT WE LIKE AND FOR WHAT GIVE TO US ENTERTAINMENT, WE ARE FREE, WE HAVE RIGHTS AND WE CAN NOT SHUT UP BEFORE THE INJUSTICE.

Brandon5757
Brandon5757

They rnt gonna bring down the xbox... no one in the world would seeing how its one of the biggest consoles world-wide and makes a good sum of money. But I've gotta say that Microsoft needs to do something smart instead of screwing themselves for once :P

LtReviews
LtReviews

After the whole Bing search algorithm incident, Microsoft really should have learned to just accept the loss and pay up.

 

 

suprsolider
suprsolider

God why are there so many idiots here. Listen people, Microsoft had this coming to them. M$ is trying to get their windows phone and tablets to sell more. Android is currently selling more, and Apple is the other competitor. So to do this, M$ is suing everyone the manufactures like Motorolla who use Andorid on their phone for patent infringements they M$ claims to own, trying to block sales and bully them into using Windows instead. Apple is doing the same type of thing to these manufactures as well but Apple wants them out of the market completely. These companies are now suing them both back, standing up to the big bullies and telling them to piss off.

So they are fighting back with what they have, and if they have to do it by blocking the 360 from sale, then that is what they have to do.

 

M$ did this to THEMSELVES. They have never cared for the consumer and have said as much publically as well many times. They care about making money, nothing more, they want to force everyone to use their stuff.

Just like they are trying to get manufactures to put in locks in the BIOS of the computers they make so it blocks other operating systems like Linux from running and thus leaving people only with Windows. Linux is growing and they fear it, it's been growing through Android and starting to grow on the desktop.

 

 

 

MadGamer132
MadGamer132

remember the microsoft antitrust case, same thing, but different & same bull s***! does that judge wants to tell microsoft game division to like gates like a bloodly conquer? #gsfuse

Haikou11
Haikou11

I like how all the PS3 people are happy, it is fulfilling to them if this happens. The PS3 will have no better system once the Xbox is gone.

KoGOptimusPrine
KoGOptimusPrine

 @An_Ethiopian I disagree. They can charge what ever they want. You don't have to play Xbox at all. In fact they are not even forcing you, it's your money and your choice. So if you don't want to pay for it than o to PS3. While you do that I will happily fork over my 60$ for earlier access to DLC content, updates, web browser, protected info, and an overall a better experience and online game play. So enjoy your Uncharted, Killzone, and God of War. I will on the other hand enjoy my Halo, Minecraft, and Left 4 Dead.

Yalaa1
Yalaa1

 @An_Ethiopian i agree, the judge should have ordered Microsoft to make Xbox Live free those money loving motherf*cks.

flyingdutchdog2
flyingdutchdog2

 @xXEpicPwner13Xx

Your going to have a long wait ... I have a PS3 as well as the 360 and I don't find it 1 byte better. In fact I rarely use it. 

vin551
vin551

 @Kane04 how is that supposed to come out when motorola is pulling their bullshit. it cant be done and barack better allow for sale of xbox in the usa because supposedly we are the land of the free butit doesnt seem that way when shit like this goes on

 

bigcrusha
bigcrusha

 @NoelXYuel Dear great god no! Why in God's name would they want that dude? They would destroy themselves if they did that.

vin551
vin551

 @Earthen80 wat the fuck are you smoking. just like target, sony is based over seas and guess where all their money goes? over seas, nintendo and xbox are the only american systems left, part of microsofts profits go to the us.and they charge memberships and ms points so they can keep up their profits and keep their security. see microsoft hasnt been hacked *cough* sony *cough*.so when your trying to fill ppls minds with that BS think.

digi-demon
digi-demon

Brand loyalty is pathetic - end of.

ALL companies no matter of their standing or place in industry are interested in money - yours.

In the eyes all these company bosses us consumers are nothing more than cows ready for milking - Sony, Nintendo or MS are just as greedy as each other.

 

digi-demon
digi-demon

PC gaming is dead - long live PC gaming........

lpfinfan88
lpfinfan88

 proof read b4 posting, i swear people are going to kill us with lo IQ's and stupid ideas. and it sounds like we have a anti government druggie over here. lol

digi-demon
digi-demon

 @ghost688  NO WAY DUDE - YOU ARE AWESOME - VOTE GHOSTIE FOR GAMEOVERLORD OF THE WORLD -  NOT

Nzilla
Nzilla

 @ghost688 caps lock makes whatever crazy thing you rant about true...

GamerLegend10
GamerLegend10

 @ghost688 ahahaha really not the kind of speech needed for this, we are talking about games, a luxury...go give a speech about war, poverty and corruption, not how we need games lol.

 

BTW "WE ARE FREE" made me laugh, dont be so naive, we are not free at all, just slaves.

radcrab123
radcrab123

 @ghost68810th Best Public Speech Ever! Next thing you know because of the speech The Gaming Revolution will be fought with words and sueing people

Albaficas
Albaficas

 @Haikou11 huh?

sry but the ps3 IS better in overall

better tech

longer durability

ofc better games

 

and its sells better than the 360 worldwide 

keep the fanboytrash talk to yourself,u wont deal with the facts thats not my problem but dont talk allmighty wannabe cause u think u know something (wich u certainly dont btw)

 

and yes im happy about this i hope motorola will pwn M$ in this.

jamyskis
jamyskis

@Haikou11I don't have a 360, but that doesn't make me happy one bit. The patent system in the US is a joke. Using it for litigation purposes has been turned into a revenue stream in its own right. Misuse of the patent system in the US could equally be directed at Sony or Nintendo. In fact, I believe it already has.

 

Fanboyism doesn't come into the equation. When companies start misusing legal avenues to gain unfair competitive advantages, the issue transcends petty platform wars.

An_Ethiopian
An_Ethiopian

 @KoGOptimusPrine  @An_Ethiopian Trust me, I know I don't have to play my Xbox at all. I gave it to my cousin before I went to school last year. It's funny because I went to his place when I got back, and he had a PS3 running on top of the Xbox which was turned off. Oh, and I hate Uncharted and have never played a Killzone game. I use my other options, if you know what I mean.

lpfinfan88
lpfinfan88

 @vin551 wow you f n idiot all but ms is over seas buddy nintendo is a japan made system just like sony and the reason sony got hacked was through a back fire wall on its i.e app just like xbox is getting in the fall so don't run your mouth unless something with an IQ will follow it.

Earthen80
Earthen80

 @vin551 Nintendo is American. *face palm*. I don't need to read any further than that since you've already proved you're a moron.

Earthen80
Earthen80

 @digi-demon Yeah but I get the funny feeling Microsoft are the worst of the lot, of course the gaming business is all about the money, Sony love the money too (even though they seem to be losing lots of it lately). I was just making the point that Microsoft seems to have taken it a bit too far and has lost touch with its consumers. If I were a 360 owner I'd be rather upset that the manufacturer I chose to support doesn't make the effort to make you feel like your purchase was well justified and you'll be getting a plethora of games and features not available on other systems. I'm just not sure what the 360's selling point is any more.

 

There's nothing wrong with brand loyalty as long as you're not  a sheep blindly following the flock into the abattoir. Brand loyalty is developed through good service and quality (In my opinion) and shouldn't be mistaken for fanboyism. I had a PS2, I was satisfied, so I bought a PS3, now I feel satisfied again. So naturally the next Playstation would be the obvious choice for me, right? Unless Microsoft or Nintendo can convince me that it's their consoles I should be owning.

ShipwreckX
ShipwreckX

@digi-demon They just love the hell out of fanboys tho, free advertising and all.

bocajbee
bocajbee

 @Albaficas We have a retard over here.1. The ps3 and 360 are on par tech wise (PS3 has better cpu 360 has better gpu)

 

2.The 360 s is much more reliable than the fat counterparts, moreso than the ps3 slim even, I would know because I have already gone through two ps3 slim's while I am still on my first Xbox 360 slim. 3.They both have amazing games but honestly, consoles are shit compared to PC's. I would  because I play all three.

quantumtheo
quantumtheo

 @jamyskis Totally agree, doesn't matter how this happened to, Motorola, which makes the chips for the xbox360, should not be doing this.... it doesn't make any sense at all really....

bigcrusha
bigcrusha

 @mullen1200 Economics 101. To add to what YouScareMe said, if I play Volleyball passing the ball constantly to myself. I'm gonna eventually end up dropping the ball right?. I need another player to pass the ball to. That way we can keep spiking the ball to each other. The ball gets to bounce back and forth and never get dropped.

 

Companies don't necessarily eliminate other companies. They buy them out then pit them against eachother like pitbulls in a cage. Then they collect the bet money.

YouScareMe
YouScareMe

 @mullen1200 because video games need competition. If it were just one console making everything, there would be no drive towards innovation since people would be forced to accept whatever that one company puts out

bocajbee
bocajbee

 @jediknight52501  We have a retard over here.  1. the 360 and ps3 are pretty equal tech wise (PS3 has better CPU xbox has better gpu) 2. The 360 is much more reliable now tech wise while the ps3 slim has overheating issues now (I would know I'm on my second ps3 slim after the first one melted) and 3. They both have amazing games but all consoles are shit compared to PC, I would know because I play all three.

theonlylolking
theonlylolking

 @jediknight52501 Can't handle the truth? Don't worry if the 360 S does get banned from being sold there won't be many of you left after your 360's break.