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Microsoft wants Datel suit dismissed

Posted Jan 27, 2010 at 9:55AM EST by Glenn M.

Listed in: Xbox 360 Tags: Datel, lawsuit, Microsoft, xbox 360 titles

x360 Quick recap: Back in November, Microsoft locked third-party memory devices out of Xbox 360s. Datel was disappointed, they went looking for a way around the lockout, but then they ended up suing Microsoft. It's been over two months since we heard about the debacle, now here's an update - Microsoft files a motion to dismiss the Datel suit.

Microsoft, according to Datel's suit, was being anti-competitive in "Multiplayer Online Dedicated Gaming Systems" and related accessories. Microsoft responds, even citing Apple, for winning a similar case. Upon purchase of an Apple device, consumers automatically agree that with its use, any and all aftermarket products must come from Apple as well. Same goes for getting an Xbox 360 - you agree that you'll only use accessories bearing the Microsoft name.

Simply put, if you can't use OS X on a non-Apple computer, you can't use Datel cards on an Xbox 360.

In addition, Datel also claims that Microsoft is trying to control this hardware market, pointing out that the better-selling Wii is not part of the competition. Microsoft argues back that there are systems that have outsold the Xbox 360 - a list that includes the PSP and PS2. Furthermore, Microsoft insists that the fact that Datel cards can be used for cheating is enough reason to lock them out.

The two will have to slug it out in court on March 2nd. If you're interested in the legal nitty-gritty, here's the PDF.

[via Joystiq]

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microsoft are muggers they dont allow any third party company to make products because they will be cheaper. Take a look at the wireless adapter thats 60 pounds but if third parties made it, it would be around 30. Which would mean microsoft would have to decrease their wireless adpters's price to around 40. MS are REALLY sly!

# Cheats? — Dragoon 2010-01-27 13:25

I can see the problem with cheats, but Microsuck charges WAY too much for their storage devices. $150 for a 120GB laptop drive? I call bullsh it. Datel should be allowed to market their own (cheaper) products so people will have a choice: Overpriced and possibly decent quality or cheap and definitely not good quality.

# Well... — Teivin 2010-01-27 13:30

Isnt like Sony didn't also cut out the ability to change HDDs in the new slim. Making money is making money, regardless of how its done.

Datel offers a lot of things that are questionable and trying to squash them whenever possible is in every businesses best interest.

# RE: Well... — tech3475 2010-01-27 13:34

The slim still has user upgradable HDDs I believe, but even if it didnt, they dont market a HDD with over 100% mark up.

I have noticed though, the 120GB seems to be out of stock where I live (UK). So a new one may be coming or few people were buying them.

# yes — Aces In The Palm 2010-01-27 15:00

the PS3 slim does still have user upgradable drives from the front

# And — ShinseiTom 2010-01-27 15:26

They are just simple laptop harddrives too, you don't have to buy special anything. AND you can backup most saves on the PS3 to a freaking usb thumbdrive.

I see Microsoft winning this, but I'm still really hoping they'll burn somehow or another.

+1 # RE: Microsoft wants Datel suit dismissed — MangoScango 2010-01-27 13:44

As much as i hate to say it, M$ has a point...

# Its simple — Guest 2010-01-27 14:29

Online gaming has become the new norm. It was cool to cheat on older systems but it has no place in today's world. Datel cards make it easier for someone to get items they otherwise wouldnt and have a leg up.

# RE: Microsoft wants Datel suit dismissed — Guest 2010-01-27 14:51

"Upon purchase of an Apple device, consumers automatically agree that with its use, any and all aftermarket products must come from Apple as well. Same goes for getting an Xbox 360 - you agree that you'll only use accessories bearing the Microsoft name"

So by my understanding this states that legally I'm not allowed to use any headphones with my Ipod besides the ones they give me, or any other apple ones I purchase.

Also..... I'm pretty sure that I could install Mac OSX on a partition of my hard drive if I really wanted to.

# not quite... — Guest 2010-01-28 04:57

It just means that if Apple released a magical firmware update that checked to see if you were using Apple headphones and you weren't, so the ipod wouldn't play, under US law they wouldn't have done anything wrong.

# Total BS — Guest 2010-01-27 20:02

Microsoft does not want shit to hit the fan so they are bringing about examples like Apple's OS.

The thing about Mac OS is that it was specifically designed to only be run on an Apple PC. The creator wanted it this way.

Windows was not really ever meant to run on Mac. People however run Linux Distro's on Macs, totally legal.

As for MS' disallowing a third party product because it apparently makes cheating easier with no real proof is bullshit. Where are the damn statistics saying that people cheat more often with a third party memory unit/card?

This is called MS trying to monopolize a market. This isn't because of cheating it is because MS wants a monopoly. It is time shit did hit the fan for them. It is time for MS to get raped by the law. If they don't, then we will see how corrupt the government is.

# ... — Guest 2010-01-27 20:50

3 words... monopoly, price gouging

GO DATEL!

# ... — symbal 2010-01-28 14:19

Microsoft might have a legal point that it's their console so they can choose what goes on it, but there is a massive number of third party peripheral manufacturers built up over the last 30 years so courts have to take anti competition laws into account when they know tens of thousands of workers could lose their jobs just so Microsoft can make a pile more money.

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