Banned Xbox User Slaps MSFT With Class-Action Suit

[Guest]

An Xbox user banned for having an independent contractor fix her Xbox is fighting back.

Banned Xbox User Slaps MSFT With Class-Action Suit : Read more

 

[mihaimm]

It's funny a TOS can forbid you to have class action suits. I wonder... is it legal to have a TOS that saying "if you open this box you are never allow to sue us"?

 

[drwho1]

Interesting.
I can't see why it would be cause for M$ to ban anyone for getting their consoles fixed by someone NOT working with M$.

we want to make as much money from our customers as we can. so pledge to make a horrible console that will break so they have to send it back to us "for repair" for a FEE

That is a horrible mentality, users should be able to repair their consoles on their own or have their own choice of technician to repair their own consoles.

None of this should be in any way an excuse for M$ to ban an user.

Now if she or anyone would "fix" their console to play pirated software/games then that's another story.
But even then I think that the penalty should be End of Warranty and NOT a ban from a service that they PAY for.

PS: I'm NOT a 360 user, I do my console gaming on PS3, but this is NOT fair for 360 users.

 

[jaquith]

No TOS can superseded law, so if the TOS is deemed to be unlawful then it will be very interesting to watch this lawsuit.

 

[back_by_demand]

Funny, the latest TOS states that but she agreed to abide by the previous TOS
...
Unless they un-ban her she will be unable to agree to the new TOS, therefore in order to stop the class action suit they should just remove the ban and get her to tick the box

 

[Guest]

Despite what they may put in the TOS, there are certain inalienable rights which take precedence over anything you could possibly sign. For instance, microsoft could not enforce a clause which states "if you use this service you agree that your sister will be raped once per month by a microsoft employee". You cant just sign your life away because you agreed to use a product.

As far as I know, class action suits are actually one of these. All microsoft can actually uphold is that you agree to TRY arbitration first. Obviously the goal here is to exhaust the user since arbitration would require you to fly to Microsoft's headquarters and set up a discussion with their lawyers within their jurisdiction. BUT, if you actually did this, and failed to reach an agreement, THEN you could sue.

 

[o_tipper_x]

MS can be horrible to deal with. This is another example.

 

[Onus]

Microsoft is so blatantly wrong here, there must be missing details. Assuming the repair was legitimate, a simple call to M$ (and maybe a faxed repair receipt) ought to have fixed this. Did the woman's kid ask for help playing a pirated disk? One side or the other probably needs to be slapped, except that poo splatters.

 

[wiyosaya]

Micro$oft is God. Thou shalt not have no other Gods before thee. Thou shall not stick up for thou fellow citizens before Micro$oft. Micro$oft cannot be questioned because Micro$oft can do no harm. Micro$oft rules the world; the world does not rule Micro$oft.

 

[zeratul600]

i can't believe that in USA they can force you to sign a contract where you give up your rights! that its just wrong dude!, hey by signing this you become our slave, also we can have sex with you whenever we want to... that doesn't seem right!!!

 

[choji7]

This just depends of the the courts deem the TOS to be superseding the law. For instance, a TOS can't say something like "you agree not to sue us if we murder your family". You can agree to that, but you can sue the company and win.

TOS are simply agreements, they aren't made to bypass the law or people's rights. Microsoft has amazing lawyers though, so they'll be safe.

 

[igot1forya]

If I wrote a TOS, I would include a line that says, "All court documents shale refer to the plaintiff as 'Fart-Face Monkey-Butt'". The point is TOS can say anything, but does not mean it will stand up when tested in a real court room.

 

[xerroz]

I get the feeling this banned person isn't telling the whole story. For all we know she could've had the Xbox's drive modified to allow pirated games to be played. Which is most likely the case. If MSFT banned everyone for that reason you would've heard of it all the time since the Xbox was released.

 

[BulkZerker]

Hope she wins this. Hope the next person to sue is an actual hacker and wins. I hope microsofts attempts to make their consoles "safe" and "free of unfair advantages" falls down the shitter and the responsibility is put back on the users and game hosts. It'd be much easier for users to blacklist other users from connecting to their games, Suddenly the hacker has to play with Brazilians because no one else will put up with their bullshit.

 

[eddieroolz]

First time I've learned of a similar TOS banning class action suits, other than Sony PS3 TOS.

 

[benworgan]

Surely MSFT have 'registered' companies that will repair/replace said drive....as in reputable companies that MSFT know wont MOD their consoles. They have every right to do it this way, even if in some respects it could be seen as immoral as they punish everyone for the actions of a few, but it is fair and legal in my eyes....not sure what everyone's problem with this is

 

[tolham]

how did msft find out Ann had someone else fix the DVD player? and how is it legal to make a contract that says the other person can't take legal action if you do something wrong?

 

[mrmaia]

PC gamers don't have to deal with that kind of BS.

 

[Camikazi]

[citation][nom]tolham[/nom]how did msft find out Ann had someone else fix the DVD player? and how is it legal to make a contract that says the other person can't take legal action if you do something wrong?[/citation]
I believe that in an XBox the parts have IDs that are checked and must match (like matching VINs in a car) if they are checked and don't match then MS knows you changed a part by someone not authorized by MS. Places authorized by MS have the software needed to put the right ID on the part that is changed while normal places do not (although you can do it but it is a PITA).

 

[Camikazi]

[citation][nom]mrmaia[/nom]PC gamers don't have to deal with that kind of BS.[/citation]
Except for Blizzard banning random Linux users who try and play Diablo 3