A federal judge last Friday denied all but one of Microsoft's motions to toss out antitrust claims brought by a company that sells Xbox 360 accessories armed with video game cheats.

In her order, U.S. Magistrate Judge Elizabeth Laporte also quashed Microsoft's attempt to tie Apple's legal victory over a Mac clone maker to its battle against Staffordshire, England-based Datel Design & Development Ltd.

Laporte granted just one of the six requests Microsoft made in last January when the company's lawyers asked her to dismiss multiple antitrust allegations by Datel. The maker of video game memory boards and controllers first filed antitrust charges against Microsoft in November 2009.

"We're gratified that the case will proceed and Datel looks forward to reestablishing the benefits of competition in the accessory market for all Xbox 360 users," said Daniel Asimow, an attorney with San Francisco-based Howard Rice, the law firm representing Datel.

Datel's lawsuit accused Microsoft of violating federal and state antitrust and unfair business practice laws by requiring Xbox owners to download an October 2009 update that disabled unauthorized third-party memory cards or game controllers, like the ones made by Datel. "Microsoft's... upgrade is... intended to foreclose competition from Datel in the sale of other aftermarket Xbox accessories and add-ons, including gamepad controllers, through the implementation of predatory technological barriers," Datel charged in November.

Source -
Judge tosses Microsoft's 'Psystar' antitrust defense - Computerworld

Posted By: JMH
27 Apr 2010