Law Firm Investigates MS Over Xbox Live Bans

[jimmysmitty]

[citation][nom]xX_JaCkAsS_Xx[/nom]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 constructed with the RROD and the Lens crapping out on the drives.[/citation]

Biggest problem is that when you bought the console and when you accepted the XBox Live TOS, you agreed to not modify the console at all.

There is no excuse.

Just like with Windows. The ToS states thta you have the right to use the OS, but do not own it.

 

[clavote]

Read your terms and conditions. MS can do what they did, legally. If you didn't read the T&C and you modified the console, then you get banned. Any smart lawyer who get's a "tingle" should read the T&Cs and get the facts before they make some comment about "tingling" sensations. I'm sure MS's top flight lawyers, from top law schools and who are familiar with this area of the law, got all "tingly" about being right. I'm feeling "tingly" myself right now.

 

[clavote]

And if you modded your console, that puts a big red bulls eye on you for probable copyright violations and that is a lot more expensive than just getting banned. Don't do it, the copyright holder are real aggressive these days and the fines are huge.

 

[anamaniac]

Am I one of the very few that read the EULA?

But yeah... how much do that want for a 120GB HDD? It's just a crappy 2.5"... May as well buy a 640GB 2.5" drive for less.
And backups... yeah. My Xbox has destroyed a lot of discs on me now.These things are damned expensive.

Though they pissed a lot of people off, I do think what they have done is legit.

 

[amnotanoobie]

[citation][nom]JOSHSKORN[/nom]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.[/citation]

So you actually want the user to pay to play his/her pirated game? It's like asking in a crowd in the middle to Times Square to "please raise your hand if you are a drug dealer"

Also some of these "pirates" wouldn't really bother pay for a game even if it costed 50 cents. (Which really would mean that it isn't a lost sale, just a freeloader)

 

[santeana]

Just because someone Mods their console doesn't mean they are pirating. Yes I am fully aware that some do and that is unfortunate. However, I had modded my original Xbox for the soul purpose of putting all of my BOUGHTEN games onto the 500GB harddrive that I installed. It saved me always having to change disks everytime I wanted to play a different game. They were all right there. I also had an entire music library and everything else on it along with a Linux OS. Should I have been banned as well for taking something that I purchased and making it more convenient for me?
Sure, some of these people won't have a case. But I think some might. I don't have a 360 because I have gone back to PC gaming but if I did I would almost certainly have modded it as well. I certainly wouldn't want to get banned since my games would have all been bought anyways.

 

[redgarl]

As long as it can mess with MS reputation, I am happy... I still can't believe that I actually bought a retail copy of Windows millenium with my first PC...

 

[redgarl]

[citation][nom]the dark wall[/nom]"Recent banning of 600,000 accounts"The number is over 2,000,000 now! Gotta keep updated dude![/citation]

2 Millions...? That means more than 10% of xbox live users are using mod chips? All the hypocrisy over the PC user base on piracy seems to be really misplaced with that kind of numbers.

 

[matt87_50]

"consoles is *arguably* against the terms of use for Xbox/Xbox Live, Microsoft "conveniently" timed the Xbox console ban to coincide with the release of the new Call of Duty: Modern Warfare 2"

no. it either is or it isn't, I can guarantee it says literally in there DON'T MOD THE CONSOLE! and whats convenient about it being done before MW2? they wanted to purge the market of everyone who would pirate it before it was released? they wanted to punish the people properly?

I'm sure all of the console devs have learned from sony loosing the ps2 mod chip case in Aus, and have stuff in place to deal with this.

 

[Guest]

And backups... yeah. My Xbox has destroyed a lot of discs on me now.These things are damned expensive.


WTF are people doing to their xboxs while the disk is spinning, I have a collection of over 70 games and ive traded a butt load too, not once has the xbox scratched a disk (except when i was having a retarted moment and moved the xbox while gow was running)

"backups" is just another word for i pirate games. stores here offer disk protection 5 bucks and you can return the disk if its scratched for a new one im sure allot of stores do this so backups is not a good reason to have a modded console.

 

[ssalim]

You mod and play online = banned.
Didn't or haven't gotten caught? you are lucky (so far).

That's it, no other details.
Sell your banned xbox360.

 

[ssalim]

They (not M$) will lose.

 

[demonhorde665]

people need to read teh xbox live EULA , WHICH is wholey elagal becasue you DO get to read beofore pruchase (the reason why many states disclaim teh crdibility of a game EULA becaseu it's not on teh box but inside it ) the Live EULA is seen prior to purchase , and it clearly states that MS has the right to ban any one on thier service with OUT notification and with out providing reasons for doing so. so ton this regard theya re with in thier legal rights , Not sure they ahve teh right to disable thigns liek ahrd drive function and what not , but the banning is totally legit. as for moded consoles some one said "what if they are modding the console but not palyign pirate games ?" well i ask you what the heck else are you going to do witha modded console ??? the 360 desont have "unused " ram spaces ohjn it's MB liek teh old xbox had so any mods on teh 360 can't possibly be somethign like performance boostign ram , for isntance , i suppsoe they may have banned a "hacked" HD, but again this would also be in thier legal rights , sicne a hacked Hd circumvent's thier right to block others from making 3rd party hd's.


modding consoles is a touchy subject , many consumers think "well i bought i should be able to do with it what i want " while many hard ware makers are concerned that such modded consoles wil cause them loss in revenue, again take teh HD thing MS sells the ahrd drives for so much because they are making up what they loose on selling the consoles below cost., youa sk me though i'd rather see the consoel's price go upa dn teh HD price go down .. 150 for a 120 Gig Hd is rather ridiculous ...


now can some one please inform me what kind of console modding would any one do that Didn't invovle playign pirated games ????

 

[demonhorde665]

[citation][nom]edilee[/nom]Is this person serious? MS accepting extra fees so you can pay stolen software on your XBox? That would have MS promoting pirating and that is not going to happen. This would also put MS at liability and they WOULD be sued by the software companies. Wow there is just no shortage of ignorance is there.Software, movie, and music companies are getting tired of pirating and the more their products get pirated the more of them will go out of business. Expect more radical moves from the companies soon to put preventative measures in place. The simple solution is to pay for the software you want or need.[/citation]
AMEN to that

I'm sick of these low life scum sucking asshats that think they ayhve a right to every thing that ain't nailed down.. and then ofcourse piss maona dn cry when it does get nailed down. theya re screwing shit up for every hoenst gamer .. (look at pc gaming right now)

 

[demonhorde665]

[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]

hmmmm you should just tattoo "i'm a total sony fanboy dearest comrade" on your forhead dude... note very oen ahs issues with their 350, my firend';s origianl release 360 is still working like new with no RRoD
mmy jasper 360 is still working like new , (with less heat out put than my friend's at that. sure teh PS3 is nice my bor in law has one as well as a 360 he plays his 360 more though. but damn he does like having the 300 dollar blu ray player

 

[demonhorde665]

[citation][nom]nuggetgtr[/nom]And backups... yeah. My Xbox has destroyed a lot of discs on me now.These things are damned expensive.WTF are people doing to their xboxs while the disk is spinning, I have a collection of over 70 games and ive traded a butt load too, not once has the xbox scratched a disk (except when i was having a retarted moment and moved the xbox while gow was running)"backups" is just another word for i pirate games. stores here offer disk protection 5 bucks and you can return the disk if its scratched for a new one im sure allot of stores do this so backups is not a good reason to have a modded console.[/citation]

For that matter , my 360 does jsut fine reading disc with some straches , my brother in law sold me his copy of soulcalibur 4 whcih ahd a nasty circle strach on it fromwhen he mvoed his deck with ti palying inside and guess waht .. my 360 still palys it jsut fine seems to em you'd avhe to be air tossing a 360 to get it to scratch a disk so bad that it won't read.

 

[Guest]

Stupid lawyers just looking to grab some cash.

 

[techguy378]

I don't see why Microsoft is being investigated for this. Every single person on the planet who has made mods unauthorized by MS should be banned and their console hardware immediately bricked. This is NOT illegal for MS to do. If you make it possible to play pirated software (even if you don't play pirated software) you as the console owner are doing something illegal and should be sued for all you're worth.

 

[techguy378]

[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]
If you think that Windows 7 has an NSA backdoor then you are the dumbest moron on the planet. Windows has never, ever had a backdoor that made it possible for the government to remotely access your data.

 

[AIstudio]

Why oh WHY do fanboys not OPEN there eyes!!!!!
I have a 360 and a PS3 for my boys. They prefer the 360.
Also to people who put a blanket statement on people who backup there games you want to have 3 teenagers and one minor fighting over playing games all the time. Discs get damaged very easily and are expensive to replace, hence i back them up so i can burn another when it becomes a coaster. Just because YOU may not do this does NOT mean that everyone who does is a crook.
Good job you arent a solicitor with that attitude or you would loose ALL your cases!!!!!!!
STOP speculating and open your eyes before making stupid statements!!!