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Forums - Gaming Discussion - Xbox 360 ban: Microsoft rejects Motorola settlement

kanageddaamen said:
Jereel Hunter said:
Turkish said:
If the Xbox 360 is banned in America, then its over and out for the system, leaving only the UK as a worthy market.

I do not hope for the ban, but MS shouldnt use patented software from others, if they do they should pay. Motoral has every right to claim for money.


No see, every company uses patents from everyone else - but motorola's demands are ridiculous, that's the point. Microsoft is willing to pay, but what Motorola wants is extortion.

Companies have a right to value their technology at what they feel is appropriate.  If MS doesn't want to pay, they have to either find another solution, or remove the feature from their product.  They can't just say "you are asking too much, so we are going to steal it"


Actually you are completely wrong, a court can rule AGAINST a patent holder if it is demanding extortionate sums for it's patents.

 

Edit, I see you've already been spotted.

As someone already pointed out, you can't sit on a patent and demand whatever you like for it.



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kanageddaamen said:
Jereel Hunter said:
kanageddaamen said:
Jereel Hunter said:
Turkish said:
If the Xbox 360 is banned in America, then its over and out for the system, leaving only the UK as a worthy market.

I do not hope for the ban, but MS shouldnt use patented software from others, if they do they should pay. Motoral has every right to claim for money.

No see, every company uses patents from everyone else - but motorola's demands are ridiculous, that's the point. Microsoft is willing to pay, but what Motorola wants is extortion.

Companies have a right to value their technology at what they feel is appropriate.  If MS doesn't want to pay, they have to either find another solution, or remove the feature from their product.  They can't just say "you are asking too much, so we are going to steal it"

Well, let's take a moment to consider how things work in the real world. First of all, you can't charge whatever you want.

http://en.wikipedia.org/wiki/Reasonable_and_non-discriminatory_licensing

Otherwise, a company with an absolutely critical patent could simply bankrupt it's competitors. Microsoft has numerous patents used in Android phones, but they only receive a few dollars(around 1%-2%) per phone sold.

But how do these patented things end up in their products? Well, you're an engineer, creating this hardware, and maybe you design a peice of a system that happens to be fairly similar to something Motorola has made - even though you made it, it's patent infringement, and it may not be discovered until later. Or maybe it's a critical decoding technology that you, as a designer include, knowing it's critical. Are you, the designer responsible for haggling over licensing rights? Nope, that's someone elses job. There could be a disconnect, or miscommunication, but in such complicated technology, there can be peices that are never dealt with via the proper channels. Then someone like Motorola finds out, and rather than doing what most businesses do ("Here's what this patent is worth, pay X"), motorola is going the extortion route ("It'd be a shame if you're system was to... you know... break... pay 20*X")

This doesn't fall into anti-trust behavior because motorla does not have OS or game  console prices.

This is also noa critical piece of the 360.  It is video decoding technology.  If you removed it, you would still have a game machine.  The patent use is to add features to the 360 to give it a competative advantage.  Take that away and the console does not cease to function.  They will simply lose the feature.  If they want to keep the feature, they must develop their own technology, or pay motorola.

Well, I never said anything about it being treated as anti-trust behavior. The link I posted up above - is a licensing standard than Motorola has agreed to. In short, it's not just to prevent monopolies, but to prevent a company from attempting to extort money with a non-major, but critical patent, as motorola is doing here.

The 360 is a media hub - more time is spent on it by people watching movies/TV than gaming. To remove it's video capabilities, it DOES cease to function. It's like removing a car's undercarriage and saying "you can store things in the trunk, raise and lower the windows, use the radio and AC - this car still functions."

And yes, they must pay motorola, but the point is, not what motorola is charging. Companies agree to a set of standards which don't permit them to do this - and they agree to this set of standards so it can't be done to them. The company wants what will amount to $4 Billion a year from MS - this is ridiculous. The "reasonable rate" is described in that article: "a reasonable licensing rate is a rate charged on licenses which would not result in an unreasonable aggregate rate if all licensees were charged a similar rate."

Now, Microsoft is a massivle profitable company. But consider most companies with it's revenue. They aren't pulling in profit margins like Microsoft. You add $4 Billion in licensing fees for relatively trivial reasons and  suddenly you have a company deep in the red, and facing financial disaster. They are charging this rate BECAUSE Microsoft can afford it, but the standards they are legally bound to adhere to require the pricing to be reasonable, not whatever they deem fit.



MrBubbles said:
some of you people....smh...cause there must be something wrong with some of yours.


microsoft wishes to license the patents, but motorolas pricing is whack. imagine being in a grocery store and picking up a 1dollar chocolate bar and you havent eaten all day, so you eat it while walking around. then you get to the cashier and she tells you that the 1 dollar chocolate bar is $10...but just for you...cause she doesnt like the look of you.

motorola is the one that doesnt want to pay for the microsoft patents that are being infringed.


MS isn't doing the same thing to EVERY Android OEM and Linux group?



I still love the "b-b-b-but people will only be able to choose PS3 and Wii. WAAAAAH!!!". Oh god forbid that people in the US choose to play a non M$ console. I hope this ban takes place. Screw you Micorsoft. Your products are crap anyways.

Moderated - Kantor



0331 Happiness is a belt-fed weapon

Here is a novel concept Microsoft, start making your consoles in America, your an American company getting American tax breaks why not create some more American jobs then you do not have to worry about your product being banned from import.



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you know they would simply sell the old fat white ones again or move on to the next box ahead of schedule.



Jereel Hunter said:
kanageddaamen said:
Jereel Hunter said:
kanageddaamen said:
Jereel Hunter said:
Turkish said:
If the Xbox 360 is banned in America, then its over and out for the system, leaving only the UK as a worthy market.

I do not hope for the ban, but MS shouldnt use patented software from others, if they do they should pay. Motoral has every right to claim for money.

No see, every company uses patents from everyone else - but motorola's demands are ridiculous, that's the point. Microsoft is willing to pay, but what Motorola wants is extortion.

Companies have a right to value their technology at what they feel is appropriate.  If MS doesn't want to pay, they have to either find another solution, or remove the feature from their product.  They can't just say "you are asking too much, so we are going to steal it"

Well, let's take a moment to consider how things work in the real world. First of all, you can't charge whatever you want.

http://en.wikipedia.org/wiki/Reasonable_and_non-discriminatory_licensing

Otherwise, a company with an absolutely critical patent could simply bankrupt it's competitors. Microsoft has numerous patents used in Android phones, but they only receive a few dollars(around 1%-2%) per phone sold.

But how do these patented things end up in their products? Well, you're an engineer, creating this hardware, and maybe you design a peice of a system that happens to be fairly similar to something Motorola has made - even though you made it, it's patent infringement, and it may not be discovered until later. Or maybe it's a critical decoding technology that you, as a designer include, knowing it's critical. Are you, the designer responsible for haggling over licensing rights? Nope, that's someone elses job. There could be a disconnect, or miscommunication, but in such complicated technology, there can be peices that are never dealt with via the proper channels. Then someone like Motorola finds out, and rather than doing what most businesses do ("Here's what this patent is worth, pay X"), motorola is going the extortion route ("It'd be a shame if you're system was to... you know... break... pay 20*X")

This doesn't fall into anti-trust behavior because motorla does not have OS or game  console prices.

This is also noa critical piece of the 360.  It is video decoding technology.  If you removed it, you would still have a game machine.  The patent use is to add features to the 360 to give it a competative advantage.  Take that away and the console does not cease to function.  They will simply lose the feature.  If they want to keep the feature, they must develop their own technology, or pay motorola.

Well, I never said anything about it being treated as anti-trust behavior. The link I posted up above - is a licensing standard than Motorola has agreed to. In short, it's not just to prevent monopolies, but to prevent a company from attempting to extort money with a non-major, but critical patent, as motorola is doing here.

The 360 is a media hub - more time is spent on it by people watching movies/TV than gaming. To remove it's video capabilities, it DOES cease to function. It's like removing a car's undercarriage and saying "you can store things in the trunk, raise and lower the windows, use the radio and AC - this car still functions."

And yes, they must pay motorola, but the point is, not what motorola is charging. Companies agree to a set of standards which don't permit them to do this - and they agree to this set of standards so it can't be done to them. The company wants what will amount to $4 Billion a year from MS - this is ridiculous. The "reasonable rate" is described in that article: "a reasonable licensing rate is a rate charged on licenses which would not result in an unreasonable aggregate rate if all licensees were charged a similar rate."

Now, Microsoft is a massivle profitable company. But consider most companies with it's revenue. They aren't pulling in profit margins like Microsoft. You add $4 Billion in licensing fees for relatively trivial reasons and  suddenly you have a company deep in the red, and facing financial disaster. They are charging this rate BECAUSE Microsoft can afford it, but the standards they are legally bound to adhere to require the pricing to be reasonable, not whatever they deem fit.

Even though I reject tha rgument that it "ceaces to function" and think your anaolgy is remarkably misguided (I would equate it to removing a trailer hitch from a truck.  The truck can't tow anything any more but you can still use it to get from place to place.) Lets run with it.

You are arguing that this technology is INTEGRAL to the success of the product, that it cannot function without it.  Motorola is asking 2.25% royalties for this absolutely essential function that would it be removed, make the product unusable.  That is not unreasonable at all.  Now I am not certain if this is retail or not, lets assume a nice round average of $350/console.  That is $7.88 for each console.  A pittance with what the video ability means from a profit standpoint for the 360

Lets look at a blu-ray player, which sony charges a $9.50 licesing free for regardless of price.  This is nearly 20% of the cost of a $50 product.  No one argues that is extortion.

Again, MS MUST pay for technology they use, and what Motorola is asking for is not unreasonable.



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kowenicki said:
so much bull in this thread... so much just plain wrong and a bucket load of very poorly hidden hopes and dreams...

It ain't happening... no chance.


Yes I suspect a Sony fan or two maybe having wet dreams and getting carried away with themselves. That's not even taking into accoun the whole story is factually incorrect.

 

The Xbox firm is feverishly trying to escape one of the most disastrous legal rulings imposed on the company in its thirty-seven-year history,

 

...I'm sorry but they obviously have forgotten the countless anti-trust cases Microsoft have faced in the EU courts over the past 15 years.

 

Moronic article, at best!



kanageddaamen said:
Jereel Hunter said:

Well, I never said anything about it being treated as anti-trust behavior. The link I posted up above - is a licensing standard than Motorola has agreed to. In short, it's not just to prevent monopolies, but to prevent a company from attempting to extort money with a non-major, but critical patent, as motorola is doing here.

The 360 is a media hub - more time is spent on it by people watching movies/TV than gaming. To remove it's video capabilities, it DOES cease to function. It's like removing a car's undercarriage and saying "you can store things in the trunk, raise and lower the windows, use the radio and AC - this car still functions."

And yes, they must pay motorola, but the point is, not what motorola is charging. Companies agree to a set of standards which don't permit them to do this - and they agree to this set of standards so it can't be done to them. The company wants what will amount to $4 Billion a year from MS - this is ridiculous. The "reasonable rate" is described in that article: "a reasonable licensing rate is a rate charged on licenses which would not result in an unreasonable aggregate rate if all licensees were charged a similar rate."

Now, Microsoft is a massivle profitable company. But consider most companies with it's revenue. They aren't pulling in profit margins like Microsoft. You add $4 Billion in licensing fees for relatively trivial reasons and  suddenly you have a company deep in the red, and facing financial disaster. They are charging this rate BECAUSE Microsoft can afford it, but the standards they are legally bound to adhere to require the pricing to be reasonable, not whatever they deem fit.

Even though I reject tha rgument that it "ceaces to function" and think your anaolgy is remarkably misguided (I would equate it to removing a trailer hitch from a truck.  The truck can't tow anything any more but you can still use it to get from place to place.) Lets run with it.

You are arguing that this technology is INTEGRAL to the success of the product, that it cannot function without it.  Motorola is asking 2.25% royalties for this absolutely essential function that would it be removed, make the product unusable.  That is not unreasonable at all.  Now I am not certain if this is retail or not, lets assume a nice round average of $350/console.  That is $7.88 for each console.  A pittance with what the video ability means from a profit standpoint for the 360

Lets look at a blu-ray player, which sony charges a $9.50 licesing free for regardless of price.  This is nearly 20% of the cost of a $50 product.  No one argues that is extortion.

Again, MS MUST pay for technology they use, and what Motorola is asking for is not unreasonable.

Actually you have contradicted yourself, 2.25% of each sale for a product that more than likely makes use of hundreds of patents is entirely unreasonable.

The bluray player is completely different, the WHOLE specification is provided to the manufacturer for reference, and they pay only $9.50 for it - that is a bargain.

If Microsoft charged $9.50 for a manufacturer to license the Xbox 360 specification and allow manufacturers to copy it, would you think that is expensive?

That's just 3 points, your logic is completely backwards and I could samurai slice your argument into pixie dust if you would like me to further, I really can't be bothered though :)

 

...One more, you seem to be confused about the idea of a patent being pivotal to the function of a product, that idea does not mean the patent should be worth more, it actually helps the argument of the opposite of what you are trying to argue. A patent that is pivotal to the function of a product does not make that patent more "expensive" or "valuable", the patent has a set value regardless of what product that patent is used in, in this case it simply means that a court is more likely to side AGAINST!!! that company in a court case because they will assume the patent holder is holding the licensee of the patent to ransom because in this particular instance it is pivotal to it's function.

The point is that the Xbox 360 makes use of a patent that is pivotal to it's function, but that patent does not make up a significant function of the said product.

You clearly have no idea of how these things work though, no disrespect but read up on the very basics of patents law and you'll see the errors of your ways and not regard my post as a patronising piece of rubbish. :)



DialgaMarine said:
I still love the "b-b-b-but people will only be able to choose PS3 and Wii. WAAAAAH!!!". Oh god forbid that people in the US choose to play a non M$ console. I hope this ban takes place. Screw you Micorsoft. Your products are crap anyways.


Well, first of all, noone's said that. Second of all, this sounds like sour grapes considering MS has almost exactly 1/3 of the US console market, making a statement like "god forbid they play a non M$ console" an irrelevant statement. Then again, your views are summed up in 2 letters... or technically a letter and a symbol "M$"