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

Posted in

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.

 

Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
james_fudgeI'll be watching the Facebook page09/01/2015 - 10:14am
james_fudgethe site maybe up right now, but we're not updating until we're at the new location.09/01/2015 - 10:13am
james_fudgehttps://www.facebook.com/gamepolitics09/01/2015 - 10:12am
Mattsworknamehttps://www.youtube.com/watch?v=T-Vx4_prmvo09/01/2015 - 3:18am
MattsworknameTotal bisquit talkes about why teh Deus X pre order systems is garbage.09/01/2015 - 3:18am
MechaTama31Infophile: Kind of like how you're criticizing these theoretical reactions before you've even read any? ;)09/01/2015 - 12:44am
PHX CorpI'll probaly Start the stream around 8PM Eastern08/31/2015 - 10:09pm
PHX CorpOk, see you guys Tomorrow on the GP Facebook Page, I'll be steaming either the first 2 megaman games(Through Megaman Legacy Collection) or Rare Replay as the first game on My twitch.tv page tomorrow While we wait for GP to Come back up later this week08/31/2015 - 10:01pm
james_fudgeAlso check out our Facebook page and chat there! https://www.facebook.com/gamepolitics08/31/2015 - 9:53pm
james_fudgeSee you all on the other side! Find me on Twitter :)08/31/2015 - 9:51pm
james_fudgeAllright, i'll mention this on the GP facebook page08/31/2015 - 9:49pm
PHX Corpand now it's ready to go for everyone08/31/2015 - 9:35pm
PHX Corpok, done http://www.twitch.tv/trustygemtwitch I have to put on one more finishing touch and it is ready to go08/31/2015 - 9:19pm
Andrew EisenFeel free to leave us suggestions on Facebook or Twitter too. We're going to be busy but we'll try our best to keep an eye on 'em.08/31/2015 - 8:59pm
Andrew EisenIt's an interesting idea though. If we do anything, we probably won't know until after the site goes offline so keep an eye on GP social media for announcements.08/31/2015 - 8:59pm
Andrew EisenYeah, we could use my Twitch chat box too. There's always IRC but we don't currently have a GamePolitics channel.08/31/2015 - 8:57pm
Goth_SkunkThough I think the limit is 9 at a time in the hangout, so anyone who can't get in would be stuck out in the 'on air' portion.08/31/2015 - 8:57pm
Andrew EisenFor the show, I'd like the chat open to anyone who wants to watch.08/31/2015 - 8:55pm
PHX CorpI could Set Up a Temporary chatroom on My twitch.TV page while GP is busy updating the site(since I'll be Fighting Megaman Legacy Collection on Xbox one)08/31/2015 - 8:54pm
Goth_SkunkI don't see a problem with inviting viewers. It's not like I'm advocating this to be an open forum, just something specific to GP members.08/31/2015 - 8:53pm

Be Heard - Contact Your Politician