ITC Judge recommends US Xbox 360 ban

The International Trade Commission's Judge David Shaw has recommended an import ban on the Xbox 360 in the US in the ongoing legal battle between Microsoft and Motorola.

The import ban would affect the 4GB and 250GB models, and see a cessation to console shipments along with a block on sales of all unsold stock.

There's already a precedent for such a ban, as Motorola was granted an injunction that blocked distribution of Microsoft's console in Germany earlier this month.

"Enforcing intellectual property rights outweighs any potential economic impact on video game console buyers," Shaw said.

Microsoft has argued that any such move would go against public interest, as consumers would have fewer choices, but Shaw dismissed the complaint arguing that Sony and Nintendo were capable of meeting any subsequent additional demand for consoles.

The decision now rests with the ITC, though it is difficult to imagine that it would move on the recommendations given the scale of the ban and the potential effect it would have on developers.