An import ban on the 4GB and 250GB Xbox slim models is unlikely to happen, despite a recommendation of a ban from an ITC Commission judge. Judge David Shaw recommended a ban on the two 360 models into the US after a ruling in favor of Motorola claiming that Microsoft violated a number of patents including Wi-Fi technology and video patents.
This single recommendation, however, does not necessarily mean an actual ban will take place. The ITC board consists of six judges, all of whom will ultimately decide if the recommendation should be made into a law.
The rulings in Europe may also have an impact on the final decision made here by the ITC board. If in the small chance that they do rule to ban the import of the Xbox 360, developers and publishers are quite likely to petition the administration in the US to overturn the ruling.
So really, gamers and those hopeful to get into gaming, should not have anything to really worry about here.
(via)
This single recommendation, however, does not necessarily mean an actual ban will take place. The ITC board consists of six judges, all of whom will ultimately decide if the recommendation should be made into a law.
"Unlike judges at courts, ITC judges don't make the decisions: they merely recommend them. Their recommendations are very frequently not adopted by the Commission, the six-member decision-making body at the top of the ITC. Not only does the Commission overrule those judges with respect to the actual violations but the Commission also has the final say on remedies."
The rulings in Europe may also have an impact on the final decision made here by the ITC board. If in the small chance that they do rule to ban the import of the Xbox 360, developers and publishers are quite likely to petition the administration in the US to overturn the ruling.
"Even if the Commission agreed with the judge on some or all of the violations, there are public interest considerations for which an exclusion order should not be entered, or at least not before or during the Christmas Selling Season. The more Xbox games makers write to the ITC about this, the less likely an import ban will be.
"If many games makes write to the ITC, then I doubt that there will be ever be an actual Xbox import ban. What's more likely to happen is that a federal court in Microsoft's home state of Washington will set the terms of a license agreement that Motorola and Microsoft will have to enter into. As a result, Microsoft will be licensed and the Xbox won't be an infringing product."
"If many games makes write to the ITC, then I doubt that there will be ever be an actual Xbox import ban. What's more likely to happen is that a federal court in Microsoft's home state of Washington will set the terms of a license agreement that Motorola and Microsoft will have to enter into. As a result, Microsoft will be licensed and the Xbox won't be an infringing product."
So really, gamers and those hopeful to get into gaming, should not have anything to really worry about here.
(via)