Motorola wins Xbox and Windows 7 ban in Germany

Re:Motorola wins Xbox and Windows 7 ban in Germany by m0nty on Wednesday May 02, 2012 @08:36AM (#3918710)

My "take-away" from all this is that, if this can affect Microsoft so profoundly, how much more damage could be done to startups and small businesses in the technology arena? Most of them couldn't afford the fees to start the legal process, let alone pay for a protracted fight on obscure areas of copyright.

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Re:Motorola wins Xbox and Windows 7 ban in Germany by hef19898 on Wednesday May 02, 2012 @08:47AM (#3918755)

It could actually kill a lot of them. Patents are just fine as long as they are used defesivly. If they are not they can ruin everything.

Some effects I can imagine:

- Potential competitors aren't bought but sued to death.

- It could be harder to get founding if your situation is not sure, investors could loose their money

Consequence will be that start-ups will become more expensive again...

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Re:Motorola wins Xbox and Windows 7 ban in Germany by rbanffy on Wednesday May 02, 2012 @09:58AM (#3919044)

> Patents are just fine as long as they are used defesivly

Not really. Good patents are fine, but in order to use a patent defensively, you'll have to defend against something, most likely the abuse of an actual patent (be it a good one or not).

And it's certainly sweet to see Microsoft tasting its own poison. They have extorted just about every Android set maker (or Linux embedder) with a secret list of patents they paid Barnes & Noble US$ 300 million to keep secret.

BTW, this seems to be the soft spot of their armor - future litigants should press hard for the list to be made public. Microsoft will settle before risking exposing a weak hand.

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Re:Motorola wins Xbox and Windows 7 ban in Germany by biot on Wednesday May 02, 2012 @02:11PM (#3920388)

If patents are only good if used defensively (because someone else threatens you with a patent infringement claim) then this is similar to having no patents at all. The difference is that if you abolish patents, patentable aspects of a product will become trade secrets rather than shared in a patent filing.

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Re:Motorola wins Xbox and Windows 7 ban in Germany by r00fus on Wednesday May 02, 2012 @07:29PM (#3921712)

Take a look at Nest... it might very well be the nice high impenetrable barrier that $megacorps use to insulate themselves from disruptive challenges.

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