Law Firm Investigates MS Over Xbox Live Bans

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beayn

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If someone was banned and didn't have a modded console, I'm sure there is a way to prove it and get un-banned. Anyone who has a modded console should have no case here. It was your own fault for playing pirated games online to start with.
 

Dandalf

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People who put themselves entirely in the hands of some proprietary software/hardware combination for their computing experience, really shouldn't bitch when their e-life is destroyed by their overlords. Fools. I can honestly say I will NEVER in my life put myself in the position where I can be cut off from my own machine and data by some company somewhere - and I'm sure the rest of the Toms Hardware community are right with me.
 

JOSHSKORN

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I don't think modified consoles should just get banned. What I do think, is that users should have the option to "be banned" or pay extra fees for having pirated games on their system. Also, I think that there should be a service, similar to D2D for PC Games where you can download and install games onto your console.
 

nzprogamer

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[citation][nom]beayn[/nom]If someone was banned and didn't have a modded console, I'm sure there is a way to prove it and get un-banned. Anyone who has a modded console should have no case here. It was your own fault for playing pirated games online to start with.[/citation]
modded console does not mean the owner playing pirated games. Micosoft needs to prove the modded console owner playing the priated game and only ban the player playing the game not the Xbox live service. because the modded console owner could be playing the real game not the priated one
 

igot1forya

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"Are you a recovering video game addict? Have you recently had your XBox account blocked! Then you may have money coming to you! At AbingtonIP we put your video game players first!" [flashes 800 number and fine print]

Just a bunch of Ambulance chasers I say!
 
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Actually as a lawyer (I'll probably get 100 down votes just for that) I kinda questioned this action when I first saw what Microsoft was doing (my lawsuit sense was tingling). Although I don't know enough about this area of law to have any idea about the legality of the action something seems fishy about the extreme nature of what MS did. They probably have a right to ban these consoles from their Xbox Live service, but I'm not sure if they can outright brick (or essentially brick) the hardware such that it no longer operates in offline mode. I'm not sure how this will turn out, but I wouldn't just write off this as a case of ambulance chasing - there might be something to this.
 

kettu

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[citation][nom]nzprogamer[/nom]modded console does not mean the owner playing pirated games. Micosoft needs to prove the modded console owner playing the priated game and only ban the player playing the game not the Xbox live service. because the modded console owner could be playing the real game not the priated one[/citation]

They don't need to prove that:
http://www.xbox.com/en-US/legal/LiveTOU.htm
16. Service Operation and Equipment.
You agree that you are using only authorized software and hardware to access the Service, that your software and hardware have not been modified in any unauthorized way (e.g., through unauthorized repairs, unauthorized upgrades, or unauthorized downloads), and that we have the right to send data , applications or other content to any software or hardware that you are using to access the Service for the express purpose of detecting an unauthorized modification.


[citation][nom]Nightraptor1[/nom]Actually as a lawyer (I'll probably get 100 down votes just for that) I kinda questioned this action when I first saw what Microsoft was doing (my lawsuit sense was tingling). Although I don't know enough about this area of law to have any idea about the legality of the action something seems fishy about the extreme nature of what MS did. They probably have a right to ban these consoles from their Xbox Live service, but I'm not sure if they can outright brick (or essentially brick) the hardware such that it no longer operates in offline mode. I'm not sure how this will turn out, but I wouldn't just write off this as a case of ambulance chasing - there might be something to this.[/citation]

All the news I've seen about this has just said that modified consoles were banned from Xbox Live. I haven't seen anything to suspect that those consoles were bricked.
 

Platypus

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[citation][nom]Kevin Parrish[/nom]Microsoft "conveniently" timed the Xbox console ban to coincide with the release of the new Call of Duty: Modern Warfare 2 game and less than two months after the release of the very popular Halo 3: ODST game," the law firm said.[/citation]In 2 or 3 months, another decent game will be released, and then another 2 or 3 months after that. This method of releasing a different game every few months will continue for a very long time. So I ask you, when exactly was Microsoft supposed to ban these accounts in order for it not to look convenient with the release of a video game?
 

flaminggerbil

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Morale of the story, dont be an idiot and break your terms and conditions. These people knew what they were getting into, crying now it's bitten them all in the arse is just pathetic.
 

goolong

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modded console does not mean the owner playing pirated games. Micosoft needs to prove the modded console owner playing the priated game and only ban the player playing the game not the Xbox live service. because the modded console owner could be playing the real game not the priated one

Would you rather they prove it, ban you and take you to court for piracy? I think banning is getting off easy. If your going to mod, don't put it online. Just get a seperate xbox360 and buy a legit copy from ebay or craigslist or better yet, get a PC.
 

elmo2006

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It is in my opinion that MS should loosen the reigns on this so called 'media device'. I find it just disgusting how I'm unable to stream or copy movies to the drive without some sort of third party application. Shame on you MS for this, however, those that decided to mod the box to play modded games notwithstanding are asking for a 'spanking.
The PS3 is looking so much easier to stream or copy movies to. One can even upgrade the drive without having to purchase via Sony.
Hmmm...PS3 sure looks good now!
 

CoryInJapan

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Considering they Kicked off over half a million users that pay monthly..tri-monthly or yearly subscriptions.That a lot of money they threw away just to combat piracy that most likely only half of the user's kicked were pirates and the other half were probably people who just like to make back ups of they're games and want them to be playable..So they don't have to go a buy a new copy just because the disc is scratched.

I think this whole thing was retarded.
 

Regulas

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Come on MS fanboys keep buying new 360s. You have bought new ones when the RROD killed it why not now when MS activly kills your only play that you are paying for. In the mean time PS3 owners will kepp playing for free on consols that are actually built fairly well and don't die every year or two. While your at it buy a copy or two of Windows 7 Ultimate with built in NSA backdoors.
 

longerlife

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[citation][nom]Regulas[/nom]Come on MS fanboys keep buying new 360s. You have bought new ones when the RROD killed it why not now when MS activly kills your only play that you are paying for. In the mean time PS3 owners will kepp playing for free on consols that are actually built fairly well and don't die every year or two. While your at it buy a copy or two of Windows 7 Ultimate with built in NSA backdoors.[/citation]

Mac owner?
 

kingnoobe

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There were legit consoles that also got banned, my friends dad did. He has no reason to lie to me. As so was his xbox that was modded. He didn't bitch to much just one of those "fuck" moments. He got why he got banned, but no idea why his dads did. They don't live in the same household or anything like that.

If there are more/enough consoles that were legit that got banned, then this suit has a good chance.
 
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Alot of people including myself were Banned for having a "modified" xbox, and everybody i know that has 1 were hit with it as well, but 99% of the people i know only have modified xbox's because we dont want to keep paying 59.99 everytime our disk becomes unreadable. and for the fact that the xbox consoles are poorly constru
cted with the RROD and the Lens crapping out on the drives.
 
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