Court orders Windows 7 injunction in Germany

Windows 7 can't be sold in Germany ... at least technically. That's the decision from one of the courts in that country today. According to FOSS Patents, Judge Dr. Holger Kircher of the Mannheim Regional Court has ruled that in the ongoing patent dispute between Microsoft and Motorola, Microsoft is in violation of two of Motorola's patents.

As a result, the judge has placed an injunction on the sale and distribution of several of Microsoft's products, including Windows 7, the Xbox 360, Internet Explorer and Windows Media Player. The injunction is supposed to prevent the distribution of these products in Germany; all products in that country under this injunction are to be recalled from retail stores and destroyed.

However, Microsoft has already won a previous court case in the US that puts a temporary restraining order on any enforcement of a German injunction, so for the moment sales of both Windows 7 and the Xbox 360 can continue as normal in that country; Microsoft will appeal today's court decision.

The dispute started in 2010 when Microsoft filed a lawsuit against Motorola, claiming it was not providing its patents relating to online video and wireless standards at a fair price. Naturally, Motorola fired back with its own lawsuit, filed in Germany, against Microsoft in 2011, claiming Microsoft was in violation of Motorola's patents.

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However, Microsoft has already won a previous court case in the US that puts a temporary restraining order on any enforcement of a German injunction, so for the moment sales of both Windows 7 and the Xbox 360 can continue as normal in that country; Microsoft will appeal today's court decision.

Wait, A US judge can stop an edict issued by a German judge in Germany? That makes no sense. US judges have no jurisdiction outside the US.

simplezz said,

Wait, A US judge can stop an edict issued by a German judge in Germany? That makes no sense. US judges have no jurisdiction outside the US.

A US Judge can order a Temporary Restraining Order on a US company. That's what it did.

Whoever authorized this should get a b***h slap and thrown in a tank of sewage for 7 days then come out saying 'I'm sorry, I didn't realize how stupid I was forgive the error in my judgement'.

Neobond said,
This is the country that also banned the Samsung 10.0 tablet lol

This is coming from a country that tries to distance itself from a history of fascism, by using fascism.

thenetavenger said,
This is coming from a country that tries to distance itself from a history of fascism, by using fascism.

Fascism, really? Skipping history classes much?

thenetavenger said,

This is coming from a country that tries to distance itself from a history of fascism, by using fascism.

Fascism: PNF in Italy, the "Falange Española y de las J.O.N.S" in Spain, etc. and National Socialism: NSPD in Germany, Hrvatska Stranka Prava - HSP in Croatia etc. are completely different movements with different roots, ideals and objectives; anyway thanks for proving your lack of knowledge once more; not really needed but.......

Gaffney said,
Why is Germany always so strict on copyright and patents? Technology patents are getting really stupid.

Because they are a strict country with their regulations.

Gaffney said,
Why is Germany always so strict on copyright and patents? Technology patents are getting really stupid.

Go look up the 1930s and 1940s... Do you really need to ask?

thenetavenger said,

Go look up the 1930s and 1940s... Do you really need to ask?

What do those years have to do with copyright and patents?

thenetavenger said,
Go look up the 1930s and 1940s... Do you really need to ask?

What, the hell, has the second world war got to do with Germany enforcing patent law? Ironically, the national socialism that the Nazi party stood for would likely not have acknowledged patents at all (insofar that all property belonged to the party, and by extension, the state), and the case would have no ground.

Epic fail.

thenetavenger said,

Go look up the 1930s and 1940s... Do you really need to ask?

Ignorance at its best..............
Study our own history before posting silly comments.........

alright, i guess im stupid: How can a US court overrule a German court ruling dealing with products specifically sold in Germany? Is that part of a trade agreement or something?

MikeInBA said,
alright, i guess im stupid: How can a US court overrule a German court ruling dealing with products specifically sold in Germany? Is that part of a trade agreement or something?

This Injunction only gives Motorola the power to enforce the sales ban in Germany, it doesn't automatically block sales of Microsofts products in Germany. Because Motorola is an American company (and have to play by american rules), the US courts have stopped Motorola from enforcing the ban.

Very smart move from Microsoft, delaying this injunction until the EU investigation is complete. Germany is very well known for always siding with the patent owner, hence why Motorola (and most other companies) sued there.

Drossel said,
Dear Motorola, you're a dinosaur. Die already. And take Google with you.

Hmm, the effect that would cause for competition and job losses would not be good at all. Also, apparently Microsoft started this one.

Drossel said,
Dear Motorola, you're a dinosaur. Die already. And take Google with you.

The whole idea of patents in general is the real dinosaur.

ShMaunder said,

Hmm, the effect that would cause for competition and job losses would not be good at all. Also, apparently Microsoft started this one.

The operations and consumer impact of losing Microsoft Windows and XBox in the country would hurt far more.

Munich already tried for nearly 10 years to get rid of Windows and Microsoft products, and that didn't end well...

If Microsoft would just say ok, fine, and walk away from Germany for a few months, consumer outrage would create a loud sound as Motorola and Google wouldn't be missed, but Microsoft would.

Especially when if Microsoft were to go Nuclear and pull all its shared patents and reference design usage in the country. (Think no GPUs, no ARM, and on and on.)


bidz said,
This is just crazy.

When it involves banning Apple's products everyone agrees (whatever random reason it may be) but when it involves Microsoft it's suddenly crazy?

.Neo said,

When it involves banning Apple's products everyone agrees (whatever random reason it may be) but when it involves Microsoft it's suddenly crazy?

Normally, when someone makes a passing comment about how crazy the patent system is, People nod and agree. But when a fan boy reads a passing comment about patents, they have to invoke a loyalty war.

.Neo said,

When it involves banning Microsoft's products everyone agrees (whatever random reason it may be) but when it involves Apple it's suddenly crazy?

Fixed for you.