European customs ordered to seize PlayStation shipments

[Badnik Mechanic]

Well class, ever since the new consoles have been on sale every single one of them have been threattened with a lawsuit about copying this or infringing on that. Nintendo, Microsoft and Sony have all had accusations.

And so far they've all had one thing in common.

They've not even made it past the first hearing...

Until today.

Well basically, despite being on sale for many many years, LG decided in February 2011 that it wanted to be greedy and get a lot more money so it decided to file a claim against Sony for copywrite infringement on the Blu-Ray drive or some other groovy technical gizmos. Now in America this case hasn't really gotten much notice from the courts there... and I guess thats because they have sense...

However some blithering idiot from the civil court of justice in the Hague has upheld the complaint.

For the next 10 days, it is illegal to ship a PS3 into Europe... thats anywhere in Europe. No PS3 may pass through customs in which the product enters or violates EU territory.

Effectively. The PS3 has been banned in Europe. The ones already within Europe are fine. However any other may not enter the shores of the EU.

According to the Guardian Newspaper (which is usually quite a calm paper compared to say the Sun or Daily Mail) there is currently 2-3 weeks worth of PS3's in retail before supplies really start to shorten out.

The injunction is to last for a period of 10 days pending a move forward in the case of a settlement between the two parties. However if no progress is made LG can apply to move the case forward.

So children if you're reading this... LG are cunts.

Edit: Reading some other sources, it appears that the injunction came into effect at some point last week, so chances are it's going to come to a resolution at some point this week.

Edited March 1, 2011 by Hogfather

[Your Vest Friend]

I wouldn't give it too long before the decision is overturned, personally. Sony's experienced these sorts of things before, right?

[Blue Wisp]

Ehh, I'm not a big fan of Sony. Expecially when they started promoting the PS3 while insulting the competition.

So I don't care.

[Badnik Mechanic]

Ehh, I'm not a big fan of Sony. Expecially when they started promoting the PS3 while insulting the competition.

Yes because the other two companies have not done that once... ever... right.

I wouldn't give it too long before the decision is overturned, personally. Sony's experienced these sorts of things before, right?

Any company the size of Sony will be experienced in matters like this, and reading the guardians report, they don't exactly have a reliable source for the story so I'm not sure it's quite as clear cut as they make. But whats suprising with this one is that the judge actually banned the proudct, thats not a common move at all, mainly because if Sony were to win the case or the claim be quashed, they could claim damages from both LG and maybe the courts (depending on the details) which for a company of their size would be... a lot.

Edited February 28, 2011 by Hogfather

[Blue Wisp]

Right, now I will be called a troll, fag and god-knows-what-else just because I don't like Sony.

Won't I be?

[Ferno]

And it beginz....

[Velotix von Skruviktorrius]

Right, now I will be called a troll, fag and god-knows-what-else just because I don't like Sony.

Won't I be?

As evidenced by responses to pretty much everything I posted in that thread, one thing at least should be clear: fanboy shit-slinging is at the bare minimum on the SSMB. So, no, you won't be insulted for having an opinion on a company. (Hooray!)

Anyway.

This isn't something I would have ever expected to be upheld, colour me surprised. On this one I hope LG's case gets dismissed quickly, but honestly I don't actually think it will. They do have legitimate patent claims as far as I know and they could have done this years ago, but apparently Sony's pissed LG off recently. :/

[Blue Wisp]

OH GOD, how did you find out? I had the perfect cover. XD

Well, since I don't have any LG products, BUT I have a PS1 and PS2 (both which I don't use because they don't read any of my games, new or old ), I'm neutral on this, but a console shouldn't be banned for a lawsuit.

[Velotix von Skruviktorrius]

They kinda have to to go ahead with the lawsuit, unfortunately.

If the legitimacy of a product is in dispute, they can't really continue to ship it.

[Scar]

Right, now I will be called a troll, fag and god-knows-what-else just because I don't like Sony.

Won't I be?

Well no. Nobody is calling you a troll, but to claim to dislike Sony because they're marketing a product by insulting others is a bit odd. I rarely see a PS3 advert on TV, and when I do, I've never seen them insult the competition. They usually just promote a console bundle or a big Sony exclusive.

As for, this, it probably won't have that much of an impact because most stores in the UK have enough stock as is. Besides sales of consoles have been slowing as of late anyway, we're 5/6 years into this console generation, most people who want a console probably already have one.

I'm surprised the PS3 has actually been outright banned though. There are usually a lot of patent wars, but this is a bit excessive. Well company wars shall continue, and I don't think it'll cost Sony very much to simply use a differeny blu-ray disk reader, as that is what the patent claims are based upon as far as I'm aware.

Edited February 28, 2011 by Scar

[Velotix von Skruviktorrius]

Well no. Nobody is calling you a troll, but to claim to dislike Sony because they're marketing a product by insulting others is a bit odd. I rarely see a PS3 advert on TV, and when I do, I've never seen them insult the competition.

I believe he's referring to the Kevin Butler marketing campaign which does indeed implicitly insult the competition's design decisions in a tongue-in-cheek manner.

[Scar]

I believe he's referring to the Kevin Butler marketing campaign which does indeed implicitly insult the competition's design decisions in a tongue-in-cheek manner.

That was very short-lived if I remember correctly.

Then again, a lot of other companies (Ahem, SEGA) have done this before, so I don't see the problem with it.

[Tornado]

That was very short-lived if I remember correctly.

They still do them to this day. Which is fair enough, because the ones that Microsoft and (especially) Nintendo do in response are generally far more vicious, and Nintendo's tend to completely miss the point as well.

Anyways, this is actually somewhat Sony's fault. Perhaps LG is being greedy, but the suit over the patents was actually a countersuit against a patent suit Sony filed against LG a few months ago. Of course, I'm doubting Sony expected it to backfire on them this spectacularly.

Who's that at the door?! It Secretariat!!!!!

Not Tornado.

[Patticus]

The PS3 hasn't been banned in Europe at all, Hoggy; if it were, there would be a moratorium on all sales and shipments of units already within Europe, not just one on shipments entering Europe for the next ten days.

http://www.guardian.co.uk/technology/2011/feb/28/playstation-3-lg-legal-dispute

European customs officers have been ordered to seize shipments of Playstation 3s after LG won a preliminary injunction against Sony in an acrimonious patent battle between the two Asian electronics giants.

The ruling by the civil court of justice in the Hague means that all new PS3s have to be confiscated as they are imported into the UK and the rest of Europe for at least 10 days.

If the injunction was extended it could mean consoles disappearing from high street shelves. It is understood that Sony and computer games retailers typically have about two to three weeks' worth of PS3s in stock across the continent.

Tens of thousands of PS3s were seized by customs officers last week in the Netherlands, the Guardian has learnt, in a dispute that centres on Sony's allegedly infringing use of Blu-ray technology belonging to LG.

Sony, which imports around 100,000 of the consoles a week, is frantically trying to get the ban lifted. The Japanese company has the right to appeal to the European patents office.

LG meanwhile, could apply to the same patents office to get the 10-day import ban extended. Alternatively, the Korean company could apply for a court order to get the consoles destroyed but it is highly unlikely the court would grant a request to eliminate the warehoused goods.

LG argues that Sony PS3s infringe a number of its patents relating to playback of Blu-ray Discs. LG called for an investigation into the PS3's Blu-ray use in a filing with the US international trade commission earlier this month, and said it sought a "permanent exclusion order ... excluding entry into the United States" of the games console.

If Sony is found to have infringed LG patents, it could be forced to compensate the South Korean manufacturer for each PS3 it has sold around the world, which could cost hundreds of millions of pounds.

The two technology giants are involved in a complex web of seven separate patent disputes, with Sony also seeking to block shipments of LG smartphones to the US.

Rotterdam and Schiphol are the main import points for PS3s for both the UK and continental Europe. The consoles are being stockpiled in Dutch warehouses until it becomes clear how the case will develop.

A spokesman for Sony Playstation said: "We are currently looking into this matter, and cannot make any comments at this point in time." LG declined to comment, although sources close to the company confirmed the current legal position.

Sony has sold more than 3m PS3s in the UK since its launch in March 2007. The Japanese manufacturer is understood to have a stockpile of around 6,500 PS3s in Germany and 10,000 in the UK.

However, the majority of PS3 sales around Europe are pre-orders, meaning they are already sold before they gather dust at warehouses in the UK and elsewhere. Stockpiles could run out within two to three weeks if the ban is not lifted, the Guardian understands

Excellent. With Sony's PlayStation 3 shipments impounded, the people will have no choice but to buy their children my nuclear-powered BurnsStation devices.

[Blue Wisp]

Excellent. With Sony's PlayStation 3 shipments impounded, the people will have no choice but to buy their children my nuclear-powered BurnsStation devices.

You win so much for this.

1+

[Scar]

What patents exactly?

Didn't Sony practically invent the Blu-ray?

[Badnik Mechanic]

The PS3 hasn't been banned in Europe at all, Hoggy; if it were, there would be a moratorium on all sales and shipments of units already within Europe, not just one on shipments entering Europe for the next ten days.

Yeah but.... that would be a very very long topic title.

nuclear-powered BurnsStation devices

[Carbo]

What patents exactly?

Didn't Sony practically invent the Blu-ray?

Not aware of what patents LG holds exactly but Blu-Ray was developed by BDA which was a joint association that both LG and Sony were involved in, along with a few more leading parties. Sony just managed to monopolize on it more.

Edited February 28, 2011 by Carbo

[Vec]

LG be trollin!

luckily it seems it wasn't banned completely

[Conando]

The fuck? How can LG claim copyright infringement, on blu ray, against Sony? Isn't Sony part of that big damn board that designed blu ray and the blu ray player?

Edited March 1, 2011 by Hero Of Fate

[Patticus]

If LG have also infringed upon Sony patents, I wonder if both sides will come to a mutual agreement?

But even if not, this sort of thing usually gets resolved by the parties cutting a deal.

Someone in Sony has seriously cocked up if it's come to this, though.

Yeah but.... that would be a very very long topic title.

How about "European customs ordered to seize PlayStation shipments..."

I think it's pretty snappy, and somewhat less sensationalist than your original effort.

[Terios]

I see.

So, this means many, many homes will suffer the effects of grill shortage. Evil LG is Evil

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Sony should be able to pull this one off. I'm still mad at them, tho, because of that certain Other OS/Linux issue.

Edited March 1, 2011 by τεριοσ-eHog-

[Badnik Mechanic]

The fuck? How can LG claim copyright infringement, on blu ray, against Sony? Isn't Sony part of that big damn board that designed blu ray and the blu ray player?

Without looking into the real nitty gritty deatails, it's a question of ownership percentages.

Whilst Sony and LG might have been co-makers in making the blu-ray (at least I'm assuming they were given all the articles I've been reading!), Sony made the PS3 LG isn't a partner in that (at least I don't think they are). So LG's argument is probably 'well wheres our bit of the cake, thats also our product that your using in that thing.'

But why they've waited since... what 2006? In order to pull this stunt? My guess it has something to do with that LG phone that Sony is objecting to.

So as I understand it, Sony objects to LG's phone and goes to the courts to file an injunction.

LG decide that the best way to make the suit go away instead of proving that there isn't a problem is to pull the "Oh you're using the blu ray drive" card. In order to make Sony drop the claim and likewise they would do the same.

LG wins the first round with the freeze on EU PS3s entering customs.

So depending how this one pans out will most likely give us a clue as to if Sony will pursue the LG phone thing.

Edited March 1, 2011 by Hogfather

[Axl.EXE]

All hail LGman, king of the trolls.

Edited March 1, 2011 by Axl

[Glenn]

Okay, as somebody who's currently saving up to purchase a new PlayStation3 within the next month, I'm now officially worried.

Hopefully it'll all blow over, as many legal battles do, and I won't have to fight an old lady for the last console in Argos. That said, Sony have been pretty hardline of late, given their actions against the hackers. While unrelated, they might feel bitter and want to make this particular fight last a while. Y'know, to make a point.

In the meantime, my eye is fixed on this topic.