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Forums - Microsoft - Datel suing Microsoft over Max Memory card lockout

@masterb8ter

I wouldn't really waste my time arguing with some of these guys. If your goal is to educate, then God speed to you, man. But we live in the age of the internet. Where even if someone doesn't live in your country, they will try to act like they know more about its laws then you, a resident, could ever know.

Companies do underhanded things all the time, regardless of what excuse they use to justify it, hoping not to get caught or challenged. It's all in the name of cash. Though I'm sure whatever fines or actions get put against MS, it defintiely won't hurt them much financially. But I'm sure it will be bad PR in the countries this sort of thing is unacceptable.

If Datel does lose, it would have to be the first time that I know of where a third party's product gets blocked on a console. Hell, even Sony didn't win it's case against the Bleemcast, which allowed PS1 games to be played on the Dreamcast. I hope this doesn't start a new precedent where we can only buy first party products. Though something tells me Sony and Nintendo won't follow that model, as all extras so far can be purchased third-party. And I haven't heard either one of them complaining about it.

Personally, I have enjoyed Datel's products on the PS1 and PS2. Larger memory cards for less, and don't forget Action Replay and GameShark. So just with my satisfactory past experience with their products, I hope they win.



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Reasonable said:
twesterm said:

And just to reiterate-- as much as some people may wish it, the people at MS are not morons.

Just like I'm sure MS had their lawyers making sure what they did was legal in America, I'm sure they looked into international law too.  Norweighen law may be a mystery to me, but probably not so much Microsoft.

You're right, and also wrong - in as much as plenty of large US centric corporations like MS (and I work for one myself) regularly fall foul of European laws whether for employment, trading infringements or whatever.

The issue always seems to be the lawyers, etc. are in place but corporate decisions are often made US centric or before checking with every single local law team, with the result that they can get caught short - as MS itself knows with its years of hefty fines in Europe.

In the end the fact is that there is no guarantee how different regions might decide.  In US a court might find for MS, while in Europe the opposite could happen.

I do know, at least so far as my company is concerned, they hate European laws and even with billions and billions of dollars of revenue and lots of lawyers, etc. they still get caught by local legal decisions.

I don't know who you work for so I can't make assumptions about your company, but I know people that work for Microsoft and people that work for Microsoft Games-- both entities cross their t's and dot their i's.



masterb8tr said:
ironman said:
masterb8tr said:

this is the part that is most likely illegal. Lol it would be so much easier to explain if you knew norwegian:p And yes they havent been found guilty yet:P but they most likely will, if the "investigators" statements are anything to go by.

Can you give me a link to the law they are breaking? Because it is a screwed up law if what you are saying is true (and I suspect MS is still within the confines of it)

Anyway, typos happen, don't hold it against me *cries*

hehe "forbrukerkjøpsloven" and "avtaleloven", let me guess that didnt help did it:p? Anyway, they are not convicted yet:P so we will just have to wait and see:P. And even if they are, the fine would be by no means a threat to MS:p

So, where is the law that MS is supposibly breaking by updating their firmware to exclude memory cards over 512 MB?

So far your mod chip analogy fails because it is not against any laws to use a mod chip, it is not against any laws to flash it with linux. It is illegal to flash it with modifies MS firmware (in the US) and it is against the terms of use for XBL. If you agree tio the terms of use, then your console gets banned from XBL because of the mod chip, well, you agreed to let MS do that to you. And guess what? you can mod your console and not go onto XBL and guess what, nobody is going to stop you from using your 360 the way you want to.

And your cell phone analogy fails because cellphone firmware and game console firmware are very differant animals. The way in which both can be utilized is very different.

So would you care to explain yourself further? or do you admit defeat?



Past Avatar picture!!!

Don't forget your helmet there, Master Chief!

Microsoft has a proper channel to get your stuff on the system and every one else goes through it... what make Datel special?



@ ironman

Are you fimiliar with the laws of Norway? No? Neither am I. But I would never say that I was, or attempt to say that an actual resident of Norway knows less about his laws than I do. Just because MS is an American company, doesn't mean the only laws they have to abide by are the ones we have in the US. If they are violating Norwegian law, as masterb8tr claims, they will have to answer for it.

As far as the cell, I think he was speaking as if you walked into a Verizon store, bought one of their phones without a plan, and had the sim card bypassed. Or if your plan ran out and you did the same. His analogy actually was good, considering they don't have to be exactly the same, just quite similar.

@ cueil

Not sure, but Datel and their lawyers think they have a case. Personally, I'm not educated on business law, but going on past system gens I would imagine their must be some form of free market system in place, at least for accessories. I mean I have heard of companies taking measures to block unlicensed software. However, I have never heard of them trying to or succeeding in blocking third-party accessories. As successful as PS1 an PS2 were, Sony could have made a whole lot more if Mad Catz, Datel, etc. weren't allowed to make controllers or memory cards for them. I could be wrong, though. Maybe Sony and Nintendo either didn't care or were more accepting.



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Microsoft accessories are expensive and garbage. I hope datel wins.



go datel i hope they win lol and i noticed how many companies r trying on microsoft on anything they do lol



thismeintiel said:
@ ironman

Are you fimiliar with the laws of Norway? No? Neither am I. But I would never say that I was, or attempt to say that an actual resident of Norway knows less about his laws than I do. Just because MS is an American company, doesn't mean the only laws they have to abide by are the ones we have in the US. If they are violating Norwegian law, as masterb8tr claims, they will have to answer for it.

Yeah...that's kinda why I want to see the law that MS is supposably breaking. I don't believe they are violating any laws anywhere by this firmware update, and if they are...well that's seriously messed up.

As far as the cell, I think he was speaking as if you walked into a Verizon store, bought one of their phones without a plan, and had the sim card bypassed. Or if your plan ran out and you did the same. His analogy actually was good, considering they don't have to be exactly the same, just quite similar.

If you walk into a verizon store and buy a phone without a contract you sign no agreement to use the phone on the Verizon network. so no matter how you spin it, that analogy just doesn't work.

 



Past Avatar picture!!!

Don't forget your helmet there, Master Chief!

ironman said:
masterb8tr said:
ironman said:
masterb8tr said:

this is the part that is most likely illegal. Lol it would be so much easier to explain if you knew norwegian:p And yes they havent been found guilty yet:P but they most likely will, if the "investigators" statements are anything to go by.

Can you give me a link to the law they are breaking? Because it is a screwed up law if what you are saying is true (and I suspect MS is still within the confines of it)

Anyway, typos happen, don't hold it against me *cries*

hehe "forbrukerkjøpsloven" and "avtaleloven", let me guess that didnt help did it:p? Anyway, they are not convicted yet:P so we will just have to wait and see:P. And even if they are, the fine would be by no means a threat to MS:p

So, where is the law that MS is supposibly breaking by updating their firmware to exclude memory cards over 512 MB?

So far your mod chip analogy fails because it is not against any laws to use a mod chip, it is not against any laws to flash it with linux. It is illegal to flash it with modifies MS firmware (in the US) and it is against the terms of use for XBL. If you agree tio the terms of use, then your console gets banned from XBL because of the mod chip, well, you agreed to let MS do that to you. And guess what? you can mod your console and not go onto XBL and guess what, nobody is going to stop you from using your 360 the way you want to.

And your cell phone analogy fails because cellphone firmware and game console firmware are very differant animals. The way in which both can be utilized is very different.

So would you care to explain yourself further? or do you admit defeat?

Let just get one thing clear: They ARE being investegated for breaking the law. So can we at least agree that what they are doing might not be legal according to Norwegian law??? "forbrukerkjøpsloven" as i refered to earlier is a law meant to protect the best interest of the seller and the customer. Basically i own what i buy, i get what i pay for ect. When i purchase a product, i've established a verbal contract with the salesman/and the maker of the product. "avtaleloven" is a law about contracts ect. According to it a one-sided change in the contract cant be done without justified cause.

Heres a scenario:

I buy a 360. When i buy the 360 it can play dantels memorycards and has the ability to install games.

I mod the 360, i have every right to do so, according to norwegian law. I dont download pirated stuff.

I find out i want to play online. I decide to pay for the xbox live service.

I've broken the terms of use because of my mod. I get banned from xbox live. Microsoft has every right to do so.

But microsoft wants to stop pirates, so they include some code in their firmware that makes dantels memorycards uselss. Also since they detected a modchip they remove the ability to install games.

I have done nothing illegal, yet microsoft has removed some of the features I paid for.

Microsoft has made a one-sided change in my verbal contract. The question is was the change done with justified cause?

The underlinded is whats being investigated.

Do you understand now?

 



ironman said:

thismeintiel said:
@ ironman

Are you fimiliar with the laws of Norway? No? Neither am I. But I would never say that I was, or attempt to say that an actual resident of Norway knows less about his laws than I do. Just because MS is an American company, doesn't mean the only laws they have to abide by are the ones we have in the US. If they are violating Norwegian law, as masterb8tr claims, they will have to answer for it.

Yeah...that's kinda why I want to see the law that MS is supposably breaking. I don't believe they are violating any laws anywhere by this firmware update, and if they are...well that's seriously messed up.

 

I find it funny that that you're argument is based on a subjective opinion...And that "messed up" law gives me 5 years of warranty btw

 

 

As far as the cell, I think he was speaking as if you walked into a Verizon store, bought one of their phones without a plan, and had the sim card bypassed. Or if your plan ran out and you did the same. His analogy actually was good, considering they don't have to be exactly the same, just quite similar.

If you walk into a verizon store and buy a phone without a contract you sign no agreement to use the phone on the Verizon network. so no matter how you spin it, that analogy just doesn't work.


NO! you sign up for their services for a period of time! you dont have to use them. You never agreed to not use other services on your phone, yet its locked for use by other simcards.