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Microsoft Files Motion To Dismiss Datel

As Game Rant reported back in November, Datel is in the process of suing Microsoft. The suit came after Microsoft launched its fall update, which disables the use of any third-party memory storage: so essentially, Microsoft forced users to buy their own brand of overpriced memory cards and hard drives. For gamers who had been using third party devices, the update nullified all of their saves, downloads and data - a collective cry of agony and lost gamerpoints screeched through the galaxy.

Now it seems Microsoft has filed a motion to dismiss Datel's lawsuit, and they're actually siting long-time rivals Apple for their own defense. Last year, Apple fought off an unofficial vendor by stating Apple's users had agreed to the terms that by using its product, any aftermarket products would be from the original vendor (Apple). So essentially, Microsoft is stating that you can't run OS X on any non-Apple computer, so therefore it's okay that users can't use any non-Microsoft memory cards for their Xbox 360.

However, Datel is also trying to claim that Microsoft has too much of a controlling grip on the console market, and is somehow arguing that the Nintendo Wii is not part of that given market (even though the Wii has outsold the Xbox 360). This means that Microsoft are actually arguing, in their defense, that both the Wii and PS2 have outsold the Xbox 360 - it's a strange defense to a strange accusation.

Additionally, Microsoft is arguing that because the Datel memory cards are cheat-enabled, they "undermine quality user experience" on Xbox Live. Datel has yet to issue a counter to that statement, likely because there's not really a good excuse for that part. Hopefully their lawyers come up with a better plan then stating that the Wii isn't part of the console market!

The legal hearing is scheduled for March 2 in San Francisco - until then, we gamers will just have to wait and absorb the suspense, perhaps buying some popcorn for the upcoming courtroom finale.

What do you think of Microsoft's legal rebuke? Who do you support? Any thoughts third-party storage in general?

Source: Joystiq

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