EFF Backs Datel in Microsoft DMCA Case

June 21, 2011 -

This week the Electronic Frontier Foundation (EFF) filed a brief in support of videogame accessory company Datel, which accused Microsoft of using the Digital Millennium Copyright Act to take down the competition in the Xbox 360 memory card market.

Microsoft filed a lawsuit in May alleging that Datel's SD-card-based memory cards violate the DMCA's provision against "technologies that can circumvent digital protections," adding that they could possibly be used to change gamer profiles and manually change Xbox Live Achievements. The EFF legal brief argues that the DMCA provision being used by Microsoft was intended to prevent piracy and copyright infringement, and not to block competitors who want to sell compatible products.

"Letting Xbox owners use a third-party memory card does not put Microsoft at risk of copyright infringement," EFF intellectual property director Corynne McSherry said in a statement. "Microsoft is misusing the law in order to sell more accessories and control customers' use of the Xbox. The DMCA is supposed to be a shield against piracy, not a weapon to smash competition and consumer choice."

The DMCA case came about after a federal court refused to dismiss an earlier antitrust suit Datel brought against Microsoft when the console maker updated the system's firmware to be incompatible with Datel memory cards. That case is still pending.

Microsoft is also suing Datel for patent infringement over a controller that it says is similar to its standard Xbox 360 controller design.

Microsoft regularly uses the DMCA to prevent Xbox 360 owners from modding their consoles with chips that enable the systems to run pirated and homebrew games. That action certainly makes more sense than the lawsuit against Datel.

Source: Gamasutra

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Comments

Re: EFF Backs Datel in Microsoft DMCA Case

"The DMCA is supposed to be a shield against piracy, not a weapon to smash competition and consumer choice."

Really?  And here I thought it was just a sack of bricks to drop on consumers.  Shows what I know...

Re: EFF Backs Datel in Microsoft DMCA Case

It's a multipurpose tool!

-Greevar

"Paste superficially profound, but utterly meaningless quotation here."

-Greevar

"Paste superficially profound, but utterly meaningless quotation here."

Re: EFF Backs Datel in Microsoft DMCA Case

It's both a beating insturment and an anal probe!!!! :D

Re: EFF Backs Datel in Microsoft DMCA Case

I guess Microsoft forgets how they did the same thing with MSDOS that Datel is doing now with memory cards.

-Greevar

"Paste superficially profound, but utterly meaningless quotation here."

-Greevar

"Paste superficially profound, but utterly meaningless quotation here."

Re: EFF Backs Datel in Microsoft DMCA Case

I wonder if the court is going to toss this out simply because of the change to allow USB sticks. There's no behavior to change and there's no ongoing damages.

 

 
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Andrew EisenZip - Bullies on both sides? What both sides? And of course bullies are worse than people who aren't bullies.08/29/2014 - 11:23am
Neeneko(2) yes, male tropes also have problems and gender studies looks at those too. But this highlights a privilage problem, the idea that if male issues are not brought up too female issues should not be discussed.08/29/2014 - 10:42am
Neeneko@ZippyDSMlee - jumping back (1) one can acknowledge systemic problems without requiring every male be a Neanderthal.08/29/2014 - 10:42am
MaskedPixelanteI don't like the new 3DS, mostly because it means there's a good chance future 3DS games won't be compatible with the current models.08/29/2014 - 9:30am
ConsterI don't get why Amazon decided to buy this "Twitch" fellow, really. It took him ages to beat Pokemon.08/29/2014 - 8:31am
ZippyDSMleeIt goes without saying that we need to et rid of the bullies on both sides that are far worse than Sarkeesian or Quin will ever be.08/29/2014 - 8:24am
ZippyDSMleeI'm talking more about the genreal movement and how silly it is, as for Sarkeesian half of what she is says rings hollw while the other half tend to be over exsagerated.08/29/2014 - 8:22am
Avalongod@Papa, agreed. I think people are reluctant to get involved if they're not the target. But I think we need to take responsibility as a community to confront harassing behavior, whether on gender or race.08/29/2014 - 7:23am
E. Zachary KnightSo Nintendo has given gamers what they want and have fractured the 3DS user base at the same time. http://www.gamasutra.com/view/news/224476/Nintendo_reveals_the_New_Nintendo_3DS.php08/29/2014 - 7:12am
Papa MidnightI could say the same about race. I certainly enjoyed being on the receiving end of this while playing StarCraft II this past week: http://i.imgur.com/mIZA1QB.png (and this is actually mild compared to what I usually see). Report players? What a joke...08/29/2014 - 12:29am
AvalongodWhether you approve of Sarkeesian's view or not, no woman deserves to be the target of that kind of harassment and it won't stop until men tell each other it's not appropriate under any circumstance.08/28/2014 - 8:44pm
AvalongodI'm guessing the twitter account was a troll, but come on, I'm sorry, it's just disgusting someone is saying those things to Sarkeesian whether serious or a joke.08/28/2014 - 8:43pm
ZippyDSMleesocial movement that is bringing most of these issue to the spot light to be nothing but trend mongering white knighting bullies who are not much better than the hateful moronic bullies on the other side.08/28/2014 - 5:20pm
ZippyDSMleereflects the world we live in while the rest is the worst stuff that should be focused on. Leaving whats reflected in the same boat as everything else that's exaggerated and skewed by media/fiction and happliy consumed by current society. I find the socia08/28/2014 - 5:20pm
ZippyDSMleemales live off the power fantasy but once you realize as a male you will never reach what fiction or media calls perfect it demoralizes you just the same. And I would not call female negative stereotypes rampant and out of control not when 70-80% of it re08/28/2014 - 5:19pm
ZippyDSMleeNot saying that there is not a difference in the treatment of males and females in media, but males are begin painted as near perfect superhumans with cliched flaws it dose as much damage to the psyche as how females are treated. Sure you could claim that08/28/2014 - 5:19pm
ZippyDSMleeNeeneko:As I said if you do not 100% belive it then you are a Neanderthal. Theres more gray to everything than black and white.08/28/2014 - 1:27pm
NeenekoMeh, the "PCism" is just trotted out when people do not know their place and dare to complain about things the speakers think are fine. How dare people complain about how they are treated/portrayed, it is not like it bother us, our feelings matter!08/28/2014 - 1:13pm
ZippyDSMleeNeeneko I do not think its against feminism but rather against PCisim’s and that most things are offensive since if you do not believe that you are a Neanderthal that beats women,ect..08/28/2014 - 12:48pm
Neenekocomplete with the standard 'she is a lying and attacking the game industry! threats are wrong but she did it to herself' comments.08/28/2014 - 11:28am
 

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