Judge Won't Dismiss Antitrust Charges Against Microsoft For Breaking 3rd Party Xbox Memory Cards
from the ruh-roh-microsoft dept
You may remember back in October of last year that Microsoft publicly warned Xbox users who were using 3rd party memory cards for their Xbox that it was about to break those cards, and that users should, instead, transfer data to Microsoft's own cards. Datel, a maker of third party cards apparently sued Microsoft, claiming antitrust violations in this move, and Eric Goldman points us to the news that a magistrate judge has rejected Microsoft's request to dismiss most parts of the lawsuit. Microsoft argued that there was no antitrust violation because Xbox buyers bought the box knowing they could only buy aftermarket parts from Microsoft. Datel responded by pointing out that the warranty that made that point was only presented to the buyer after they opened the box and "therefore, a consumer could not have knowingly and voluntarily accepted it prior to purchase." After looking at a few other factors, the judge refused to dismiss the claim, noting that "shopping for competing products in the Aftermarket is not clearly precluded by any contractual provision into which customers knowingly and voluntarily entered." Datel did lose on a separate complaint, though it can amend and refile. Either way, this is good news for the aftermarket business, and it seems likely that there will be a full trial that looks at this issue.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: 3rd party, antitrust, memory cards, xbox
Companies: datel, microsoft
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Wow, way to promote the progress. The founders of the constitution must be proud, their clause that IP should only be used to "promote the progress" is flawlessly being met.
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If it is not disclosed to the consumer prior to accepting goods/services, then they have no right to hold you to it as you did not agree to anything prior to purchase. Why do you think hospitals require all of their paperwork to be signed before they do anything? Consent/agreement must be given before hand. Had the Xbox360 box had something like "Only compatible with Microsoft branded memory cards", then that would be a different story. The thing here though is that the consumer does not know that until AFTER they have paid for the product and opened the box.
Someone said you can just return it if you don't like the terms, but that's not entirely true. I have gone to some stores that will NOT let you return even the system if it has been opened.
Regarding the comment someone made about Sony & the PS3, you gave permission to add/remove features when you agreed to the Playstation Network TOS. You can own the system and choose not to agree to the PSN TOS, but there is a lot you will end up not being able to do with your system. No free online gaming, system updates, game data updates, trophies, and anything else you have to use the PSN for. The part about removing the OtherOS function starting legal issues is because a lot of people bought the system just for that. It said right on the box that it was a feature of the system. I installed linux on it, but never really got it running right and just didn't feel like messing with it, so it wasn't a big deal to me.
For the most part I will buy 3rd party accessories over 1st party since they tend to cost less and offer more. That sort of thing is what should drive Microsoft to make what they have better so people would WANT to buy their stuff instead of 3rd party. Forcing them to do so only makes them look worse than they already do.
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Sony & PS3 Next?
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Re: Sony & PS3 Next?
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Re: Sony & PS3 Next?
The PS3 also allows you to use standard Bluetooth and USB headsets, something that the Xbox 360 and the Wii don't allow. Their controllers are also standard Bluetooth devices
If you're referring to a lawsuit related to the removal of the Other OS option, that's already on the books.
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The Constitution and The Founding Fathers
Our founding fathers would not be pleased with any of the things that have been done with regard to the role of the federal government in the daily affairs of us all.
Read The Declaration of Independence, The US Constitution, and The Federalist Papers.
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Re: The Constitution and The Founding Fathers
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Re: The Constitution and The Founding Fathers
Our founding fathers would not be pleased with any of the things that have been done with regard to the role of the federal government in the daily affairs of us all.
Perhaps you should read this page;
http://en.wikipedia.org/wiki/Sarcasm
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Magnuson-Moss
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Re: Magnuson-Moss
"Warrantors cannot require that only branded parts be used with the product in order to retain the warranty.[2] This is commonly referred to as the "tie-in sales" provisions[3], and is frequently mentioned in the context of third-party computer parts, such as memory and hard drives."
Although that is for warranty purposes, rather than some sort of condition of sale/use. So I'm not sure if that law would cover this issue specifically. If it doesn't, there are bound to be ones that do though.
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IP law is an easy way for big IP stakeholders to turn ordinary people and businesses into a criminals so they can be easily silenced and intimidated.
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Seriously, if you talk to 10 very politically minded people, how many of them can you even get mildly upset at patent/copyright law?
I'm talking about people who go to protests. Protests aren't the answer. We just need a way to stop lobbyists from getting Congress to block progress for profit.
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Re: Solution?
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Yet a judge practically gets absolute power to make whatever decision s/he wishes to make with no accountability to the people whatsoever.
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now get people to do that.
not easy, huh?
Most people A): don't care, or B): do care, already switched, and are treated like pariah's in normal society, which doesn't encourage anyone else to switch.
fun huh?
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That sentence no verb. Your brain probably filled it in for you, or maybe changed "don't" to "doubt".
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Apple???
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Re: Apple???
I'm not an Apple customer. If they are giving features and taking them away with a software update, let us know.
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in Redmond.
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Fuck em..
I dont play microshafts games.. I will not Pay 200+ dollars for windows 7 (Thank you pirate bay!) I will download my Xbox Games, I have hacked my xbox and several of my friends boxes so we can torrent games watch burnt divx movies etc... Like i said I got what i want... and dont forget several years ago Microsoft pissed off the live community on the regular xbox so here comes XBOX Connect! Keep fucking around microsoft a couple changes to my HOSTS file and Xbox360 connect is right around the corner assclowns.
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Re: Fuck em..
besides, wasn't it bill gates that said he would rather people pirate windows than buy the competition?
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http://www.whitehouse.gov/omb/IPEC/frn_comments/ebay.pdf
Dear U.S. Government. This is not acceptable. I want my monopoly rents!!!! I will lose money if competitors are allowed to compete!!! Stop letting others compete with me.
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They're making sure that only Microsoft memory cards work, or at least that's my understanding. Either one is extracting monopoly rents, but they're not the same.
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the big question then becomes
AND if your founding fathers were soooo smart then why they set u all up to be such slaves to corporations?
haha me thinks the booze was in , on tha day and for a laugh they decided how they could best fuck the next gen form gaining too much power cause this system is also doomed to fail.
3 trillion debt and counting GO USA
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Re: the big question then becomes
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Re: the big question then becomes
Our debt is at 13 trillion and will reach 100% of our GDP by 2020, which is the definition of bankruptcy.
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Re: Re: the big question then becomes
"Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay its creditors," not debts being greater than annual income. I'm not sure there's any court where the US could declare bankruptcy; they would just unilaterally default on loans if they were unable to pay.
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So someone disables functionality of a product you've owned way past the life of the warranty and you're just supposed to return it? All the games? All the accessories?
Who do you return it to? Are the stores going to accept 2 year old games back for a full refund? Are you just going to toss it all in a box and ship it back to Microsoft?
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@33
the ONLY SOLUTION IS BECOMING VIOLENT
NO ONE IS LISTENING
the first step will be protests and buy looks a that
( congressmen got arrested yesterday for siting in front of the white house peacefully )
peace wont work
we gave peace a chance
IT HAS FAILED
time shall tell how bad it gets how bad things do go and if bad enough watch as reservists are forced like th 60's to again step up and shoot at there own citizens and again i say
what is the difference between obama , bush and NIXON
i'll tell you since Nixon they have changed the laws enough that what nixon did isn't even illegal
IMAGINE THAT
better revert to some for a democracy and start fraking listening to people
and its also the first time ive seen the church in years in the USA do anything meaningful
( a cardinal was in the march - imagine if he got arrested the shit that would start )
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Re: @33
What a surprise.
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Wrong focus...
All their energy right now should be focused on winning back the phone market and the new tablet market, becoming a major online presence, and keeping their server side products as kick a** as possible (because despite the cloud movement, there will always be those that want to keep data on closed servers that they fully control).
Wasting time over a memory card maker - I frankly just don't get. Maybe there is a bigger picture here, but on the surface it just seems like busy work for the legal department. Or put another way, they are wasting time/money on a small cut and ignoring the real cancer that will surely kill them.
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http://www.techdirt.com/articles/20100127/2056137950.shtml
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Why are computers and electronics so special?
Why are computer/software/electronics firms allowed to get away with things that people would never stand for in another sector?
To use the woefully overused automobile comparison;
If Ford required that you could only use Ford authorized auto parts, Ford gasoline, Ford air fresheners, in your Ford car, no one would be surprised at the lawsuits flying fast and free. Most everyone would expect Ford to loose and loose big.
If Apple does it with iPods and iPads, and iPhones people come out of the woodwork to defend Apple. When Microsoft does it (such is the subject of this thread), we hear the same sort of mush mouth responses.
Consumers are told that if they don't like it they should stop buying products from that company. That the Company has the God given right to lock anyone out of their walled garden that they want.
Autos vs. Electronics
Forced to use dealer parts? No Yes
Forced to use dealer store? No Yes
Have existing features removed? No Yes
Break existing compatibility? No Yes
There is nothing magical about computers or electronics that we should be allowing companies to engage in such heinous behavior. Just because it's easier to do with computers and electronics is no reason that consumers should be forced to put up with it.
Just as it would be silly for someone to tell you the solution to Ford not allowing you to use a non Ford tire on your car is to stop buying Fords, it's equally unhelpful to say that the solution to Microsoft not allowing you to use non Microsoft memory cards in your XBox360 is to not buy an XBox360.
Perhaps I'm just getting old, but why does this piece of seeming 'common sense' just seem terribly uncommon?
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And this differs from Apple how?
What I don't understand is why Apple is allowed to follow this exact same business model without a second glance. In fact, fanboys will line up screaming to defend Apple for "protecting the customer experience" for doing EXACTLY what MS is being sued for.
At least the DOJ and FTC are waking up with their latest, flaunting, blatant, look-at-us-while-we-screw-the-competition, anti-competitive developer license agreement. Let's hope the probe amounts to something.
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Re: And this differs from Apple how?
Is there a warranty clause that says your warranty is voided if you use non-Apple stuff with your Apple stuff? Note that I'm not including voiding your warranty by opening something up *in order to* install an accessory - just the opening voids the warranty and that's a separate issue.
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Download Linux Mint - its a better Operating System than Vista and its free.
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