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 :

Poll

Which Feminist Frequency video are you looking forward to most?:

Shout box

You're not permitted to post shouts.
MechaCrashI thought one of its other big issues was all the "quality" of phone games with all the portability of your television.01/27/2015 - 11:34pm
E. Zachary KnightApparently, people did not want a $100 console, they wanted a $200 one for a $100 price tag.01/27/2015 - 11:18pm
E. Zachary KnightI remember when people were demanding Ouya used the new and untested Tegra 4 processor rather than the tried and true Tegra 3, increase the RAM to 2Gigs and various other expensive addons.01/27/2015 - 11:17pm
ConsterCraig: perhaps I should've used the word "unreasonable", as in people clamoring for stretch goals that would guarantee they lose money on each deck.01/27/2015 - 10:04pm
Andrew EisenIt's my favorite movie. I'm looking forward to it as well.01/27/2015 - 9:16pm
Goth_SkunkI grew up idolizing Ghostbusters. I'm extremely excited to see another film.01/27/2015 - 8:52pm
Goth_SkunkEscapist -- via Hollywood reporter -- gives us a glimpse at the probable cast of the new Ghostbuster's movie: http://ow.ly/I3GyZ01/27/2015 - 8:51pm
Craig R.Nearly $4.2m in a week for Exploding Kittens. Can anything truly be unrealistic at this point?01/27/2015 - 8:50pm
prh99I am sure. Just have no interest in tropes in general or her take on gender portrayal.01/27/2015 - 7:44pm
Goth_SkunkI personally enjoy replacing letters with numbers in titles of movies and games. I think Firaxis missed out on a huge chuckle by calling it "Civilization V" and not "CiVilization."01/27/2015 - 7:20pm
Andrew EisenI bet I can guess how you voted!01/27/2015 - 7:02pm
prh99Never actually watched one, probably won't start.01/27/2015 - 6:15pm
E. Zachary KnightConster, when are unrealistic stretch goal demands anything new? They happen in every Kickstarter I have seen.01/27/2015 - 5:58pm
E. Zachary KnightAE: You forgot the "The video that conforms to my preconceived ideas about gender in games" option.01/27/2015 - 5:56pm
PHX Corp@Conster ok, randomly put 5 golden tickets into the boxes and anyone who gets a golden ticket gets to go and visit Willy Wonka's chocolate factory!, is a ultra-ridiculous stretch goal suggested by a backer01/27/2015 - 5:53pm
ConsterApparently they're unaware that unlike with video games, card games have a large constant factor in cost-per-unit.01/27/2015 - 5:24pm
ConsterIn other news, Exploding Kittens (https://www.kickstarter.com/projects/elanlee/exploding-kittens) has over 100k backers now, a few of which are calling for unrealistic stretch goals.01/27/2015 - 5:23pm
ConsterIt's cool in Numb3rs, but not really anywhere else.01/27/2015 - 5:20pm
james_fudgeI hate that style of naming too01/27/2015 - 4:34pm
Wonderkarpits unattractive, andrew01/27/2015 - 3:46pm
 

Be Heard - Contact Your Politician