Microsoft wants Datel suit dismissed

Quick recap: Back in November, Microsoft locked third-party memory devices out of Xbox 360s. Datel was disappointed, they went looking for a way around the lockout, but then they ended up suing Microsoft. It’s been over two months since we heard about the debacle, now here’s an update – Microsoft files a motion to dismiss the Datel suit.

Quick recap: Back in November, Microsoft locked third-party memory devices out of Xbox 360s. Datel was disappointed, they went looking for a way around the lockout, but then they ended up suing Microsoft. It’s been over two months since we heard about the debacle, now here’s an update – Microsoft files a motion to dismiss the Datel suit.

Microsoft, according to Datel’s suit, was being anti-competitive in “Multiplayer Online Dedicated Gaming Systems” and related accessories. Microsoft responds, even citing Apple, for winning a similar case. Upon purchase of an Apple device, consumers automatically agree that with its use, any and all aftermarket products must come from Apple as well. Same goes for getting an Xbox 360 – you agree that you’ll only use accessories bearing the Microsoft name.

Simply put, if you can’t use OS X on a non-Apple computer, you can’t use Datel cards on an Xbox 360.

In addition, Datel also claims that Microsoft is trying to control this hardware market, pointing out that the better-selling Wii is not part of the competition. Microsoft argues back that there are systems that have outsold the Xbox 360 – a list that includes the PSP and PS2. Furthermore, Microsoft insists that the fact that Datel cards can be used for cheating is enough reason to lock them out.

The two will have to slug it out in court on March 2nd. If you’re interested in the legal nitty-gritty, here’s the PDF.

[via Joystiq]