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 EisenKarp - Yes, for strong sexual content. Although the recent remaster contains all that content and was rated M.05/28/2015 - 3:54pm
Andrew EisenDepends on if you consider Hatred misrated. I haven't played the game or seen the ESRB's rating summary so I'm undecided.05/28/2015 - 3:53pm
WonderkarpDidnt Fahrenheit have an AO?05/28/2015 - 3:52pm
Matthew Wilson@AE that is why I said it seems more moral panic to me.05/28/2015 - 3:51pm
Andrew EisenMatthew - From what I've seen (just the trailers) the game is nowhere near as gory as many, many other games. But again, I'm guessing the AO rating comes from theme and tone rather than outright gore.05/28/2015 - 3:50pm
Andrew EisenKarp - It didn't show penetration or nudity.05/28/2015 - 3:50pm
WonderkarpI'd say Mortal Kombat X has more Gore and Violence than Hatred.05/28/2015 - 3:50pm
Matthew Wilsonwhat I mean by worse in this case its not more gory/violent than others.05/28/2015 - 3:48pm
WonderkarpI forget....did Hot Coffee actually show Penetration?05/28/2015 - 3:48pm
Andrew EisenKarp - The Skyrim mods are external mods. The Hot Coffee mod unlocked content on the disc. Big difference. Still, the content that was unlocked was still perfectly in line with an M rating in my opinion.05/28/2015 - 3:47pm
Andrew EisenThemes are factored into ratings, not just mechanics. Still waiting for ESRB's rating summary. Very curious to see what it has to say.05/28/2015 - 3:46pm
Matthew WilsonHatred is a top down shooter though, and isnt any worse than other top down shooters?05/28/2015 - 3:45pm
Wonderkarpyeah, San Andreases rerating was ridiculous. Why not rerate Skyrim with all its crazy sex mods out there? But yeah, ESRB is good as policing itself. 05/28/2015 - 3:45pm
Andrew EisenManhunt 2 and Hatred though? Eh, there's an argument to be made for the higher rating.05/28/2015 - 3:43pm
Andrew EisenRerating San Andreas was a mistake though. That seemed to be the result of kowtowing to public pressure.05/28/2015 - 3:42pm
Andrew EisenThere wasn't one. It's just a dumb rating.05/28/2015 - 3:42pm
WonderkarpI dont see Moral Panic with a racing game though05/28/2015 - 3:40pm
Matthew Wilson@AE when they tend to misrate games its normally because of moral panic surrounding it.05/28/2015 - 3:38pm
E. Zachary KnightReally awesome short film here. Predator: Dark Ages. Very well done. https://www.youtube.com/watch?v=YRD8jAk274I05/28/2015 - 3:36pm
Andrew EisenBut hey, misrating less than five out of thousands of game ain't too bad a track record. No one's perfect.05/28/2015 - 3:32pm
 

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