Microsoft Still Claiming That It Can Use The DMCA To Block Competing Xbox Accessories
from the not-what-it-was-designed-for dept
The latest example of a company trying to abuse the law this way is... Microsoft. We've been following this story for a while. Back in 2009, Microsoft suddenly announced that it would break third party memory cards for the Xbox, basically because it could. This pissed off a lot of people, and kicked off an antitrust lawsuit from Datel one of the third party makers of such cards. That case is now moving forward, with Microsoft arguing there's no antitrust issue, because its merely blocking Datel and others because they're violating the DMCA's anti-circumvention clause, in that third party cards have to get past some software used to block them.
If I had to guess, I'd say Microsoft is going to lose this case. It seems that courts are seeing through attempts to abuse the DMCA when it comes to stopping hardware competition. That's not the case when it comes to software, where things get murkier, but this seems like a pretty obvious attempt by Microsoft to abuse the intent and language of the DMCA solely to stop third party competition of a physical product. Hopefully, the court recognizes this.