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Author Topic: Microsoft Reacts to Possible Class-Action Lawsuit over Bans  (Read 1197 times)

trentdadi

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Microsoft Reacts to Possible Class-Action Lawsuit over Bans
« Reply #30 on: November 20, 2009, 08:10:00 PM »

QUOTE(Enygma @ Nov 21 2009, 02:39 AM) *

Corrupted save games and a gamertag that you can't can't move between a banned and unbanned console. You can no longer play or install games on the hard drive. And if you use a hard drive from an unbanned console on a banned console you risk corrupting save games....

How is that not crippled??

I believe they probably do this to level the playing field for the legit players.  There are people who care about their gamerscore, and it isn't fair to those people if Microsoft allows all these people to keep their points earned on possibly pirated games.

I'm not sure why everyone has to complain about using the ability to backup your games to the HDD (unless you really are pirating games).  You guys modded your consoles so you could backup your games to blank DVDs...  I haven't heard many reports of people's lasers going bad or anything.  The DVD drive seems to be the one device in a 360 that has an acceptable failure rate.
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Ranger72

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Microsoft Reacts to Possible Class-Action Lawsuit over Bans
« Reply #31 on: November 20, 2009, 08:18:00 PM »

QUOTE(amak1131 @ Nov 20 2009, 09:52 PM) View Post

WRONG! Before a ban, you can plug the drive into any other console and be fine. After a ban, you can't. Before a ban, you could install games etc. After, you can't. The drive IS essentially crippled.

Just because it is in the EULA/TOS doesn't necessarily make it legal. They can put in there "We reserve the right to burn down your home" and can still get reamed in a Courtroom.



You can still plug the drive into any other console and have full function out of the drive.

Quite spreading false information.
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rumblpak

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Microsoft Reacts to Possible Class-Action Lawsuit over Bans
« Reply #32 on: November 20, 2009, 08:19:00 PM »

QUOTE(trentdadi @ Nov 21 2009, 04:10 AM) *

I believe they probably do this to level the playing field for the legit players.  There are people who care about their gamerscore, and it isn't fair to those people if Microsoft allows all these people to keep their points earned on possibly pirated games.

I'm not sure why everyone has to complain about using the ability to backup your games to the HDD (unless you really are pirating games).  You guys modded your consoles so you could backup your games to blank DVDs...  I haven't heard many reports of people's lasers going bad or anything.  The DVD drive seems to be the one device in a 360 that has an acceptable failure rate.


I went through 3 xbox 360s not to RRODs but to broken dvd drives.  In fact, since launch, I've yet to ever have a single 360 RROD on me and I have 3 of them.  That being said, my first console was banned FAR before the licensing got removed for banned consoles in the latest wave so its HD is perfectly fine.  Still, I don't think MS has the right to delete users content.  I would never trust playing a real disc in my first console, it has ringed more discs than its worth (i've tossed quite a bit of money at it in real discs).  For me, running my purchased games on my 360 here and my backups when I travel home from college offline is fine for me, but if microsoft ever started searching hd saves i'd be screwed  (IMG:style_emoticons/default/dry.gif)
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Mr.RedRing

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Microsoft Reacts to Possible Class-Action Lawsuit over Bans
« Reply #33 on: November 20, 2009, 08:26:00 PM »

..and unsurprisingly, they didn't mention anything about crippling HDDs or Media Center.
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GOTitCUZiMODDED

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Microsoft Reacts to Possible Class-Action Lawsuit over Bans
« Reply #34 on: November 20, 2009, 08:28:00 PM »

QUOTE(No_Name @ Nov 20 2009, 07:44 PM) View Post

That is software not hardware.

Also, Microsoft in the system EULA and TOS for live state clearly that they can add or remove features any time they like.

Basically they marked your console as untrusted so all content signed to that console is blacklisted for any other console and its fair in my book.

But my point stands that the drive is 100% functional and unaffected by the ban, the data is also 100% intact just flagged as corrupt on another system due to the loss or trust.

I am sick to the teeth of this "crippling" BS people keep spouting when it was made clear that modding your system was taken at your own risk and its been made clear Microsoft take a dim view of modded consoles on live.


Finally!  Someone with the common sense to realize what's going on and tell it like it is.  Thank you.  I too am sick of all the whining and complaining from most of these little kids on every thread about these bans.

  Most of you who illegally modded your boxes, got on live with backups, and are hoping there's some way or hope that one legit user got banned in an effort to overturn your justified bans are giving this site a bad name and exposing yourselves as the selfish spoiled brats you really are.

 Coming on these threads and playing the innocent victim BS card; you still need to realize the warning you were told time and time again.  There's no way around that, ever.  Game over.  You lose.  Try and find a loophole in the TOS, no luck, you lose.  Try and take M$ to court over this justified action taken?  You'll lose.  You all would have been better off joining in on the XBL server down class action lawsuit, or better yet, the scratched disc class action suit.  Grow up and take some responsibility for once in your lives... please.  Just my 2 cents.
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The Dude Z

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Microsoft Reacts to Possible Class-Action Lawsuit over Bans
« Reply #35 on: November 20, 2009, 08:37:00 PM »

What I don't see is anything by them saying that the are within their rights to disable functions on your console and corrupt your saves ! blink.gif
Nice move telling half the story by MS the miracle spinners like none other.
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No_Name

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Microsoft Reacts to Possible Class-Action Lawsuit over Bans
« Reply #36 on: November 20, 2009, 08:38:00 PM »

QUOTE(amak1131 @ Nov 20 2009, 06:52 PM) View Post

WRONG! Before a ban, you can plug the drive into any other console and be fine. After a ban, you can't. Before a ban, you could install games etc. After, you can't. The drive IS essentially crippled.

Just because it is in the EULA/TOS doesn't necessarily make it legal. They can put in there "We reserve the right to burn down your home" and can still get reamed in a Courtroom.

I am not wrong.

You can plug the drive in to any console and it will function without issue.

FACT the hard drive is 100% unaffected by the ban. The data is 100% intact and is not corrupted.
The consoles on the other hand are flagged as un-trusted so all the data signed with the console key is also marked as un-trusted which means it will be flagged on other consoles as unusable.

One again the hard drive is not crippled and people need to stop using that fucking term once and for all.
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Tekkenlord

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Microsoft Reacts to Possible Class-Action Lawsuit over Bans
« Reply #37 on: November 20, 2009, 08:56:00 PM »

QUOTE(morbidpete @ Nov 21 2009, 02:37 AM) View Post

i agree, modding and playing burned games is a no no, and i do agree with MS on banning (yes I have been banned plenty of times) But taking away the consoles abilities isn't right and i don't think that should be allowed, It is OUR hardware and we can do as we wish with it. We bought it so we should be able to do what we like. Live should not have control over your xbox. Period.

-pete


 i agree its my console and i can fill it with shit (yes horse shit or cow shit) even if i want so, they crossed a thin line this time.

QUOTE(No_Name @ Nov 21 2009, 04:38 AM) View Post

I am not wrong.

You can plug the drive in to any console and it will function without issue.

FACT the hard drive is 100% unaffected by the ban. The data is 100% intact and is not corrupted.
The consoles on the other hand are flagged as un-trusted so all the data signed with the console key is also marked as un-trusted which means it will be flagged on other consoles as unusable.

One again the hard drive is not crippled and people need to stop using that fucking term once and for all.


i agre too its not the hard drive they FUCK (yes i said FUCK) its the console what they FUCK, but anyways they FUCK something so FUCK them.
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scottmuller28

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Microsoft Reacts to Possible Class-Action Lawsuit over Bans
« Reply #38 on: November 20, 2009, 09:14:00 PM »

If there is no real backlash now they will start fully bricking consoles next year including your 3 warranty.
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xbones

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Microsoft Reacts to Possible Class-Action Lawsuit over Bans
« Reply #39 on: November 20, 2009, 09:27:00 PM »

QUOTE(magusdraco @ Nov 20 2009, 05:41 PM) View Post

But they aren't banning your account.  You can use it just fine on some other 360.



They f'd up your console!  They should've banned the account then and not messed with the console.. Or just Ban the console and give the member silver account again........
 
Even if you didn't pay for live, or agree to anything, you at least got silver and your console worked fine with any hard drive, any save etc and network connectivity in general.
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ch13696

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Microsoft Reacts to Possible Class-Action Lawsuit over Bans
« Reply #40 on: November 20, 2009, 09:37:00 PM »

I read up on this case. Apparently it has nothing to do with people pirating games. It's the fact that people can't use their hard drives between the banned system and the new system. Also people that were banned that can't afford a new system wanted a refund on the xbox live and M$ wouldn't give it to them.

Last thing is that there were people that were reporting that they were banned when they didn't have a modded system. They just added extra fans. Thats it.

Or at least ban the IP address. That way nothing is crippled and you can still use a silver account.
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nhoj_yelbom

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Microsoft Reacts to Possible Class-Action Lawsuit over Bans
« Reply #41 on: November 20, 2009, 09:49:00 PM »

who gives a fuck about gamerscore anyway, childsplay.... simple if you have an unbanned modded console dont get back on live, or use the nand write protect mod


QUOTE(scottmuller28 @ Nov 20 2009, 10:14 PM) *

If there is no real backlash now they will start fully bricking consoles next year including your 3 warranty.


getting banned already takes out the warranty.....

This post has been edited by nhoj_yelbom: Nov 21 2009, 05:49 AM
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cagmere

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Microsoft Reacts to Possible Class-Action Lawsuit over Bans
« Reply #42 on: November 20, 2009, 10:02:00 PM »

QUOTE(morbidpete @ Nov 20 2009, 09:37 PM) View Post


i agree, modding and playing burned games is a no no, and i do agree with MS on banning (yes I have been banned plenty of times) But taking away the consoles abilities isn't right and i don't think that should be allowed, It is OUR hardware and we can do as we wish with it. We bought it so we should be able to do what we like. Live should not have control over your xbox. Period.

-pete


 

It's not YOUR hardware, you simply own the rights to use it.  It is Microsoft's hardware and it is illegal to modify it in any way as agreed upon with their TOS.

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jgtevo

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Microsoft Reacts to Possible Class-Action Lawsuit over Bans
« Reply #43 on: November 20, 2009, 10:28:00 PM »

Alright, to everyone saying "Its their hardware, you just pay to use it". Or "They have the right to blow up your xbox if they wanted to", or whatever:

Break out from your corporate brainwashing. Please.

Just because its the law, doesn't make it right. Just because its a breach of an agreement that no one ever reads and no one expects you read, doesn't make it right.

Understand that while you play by the rules, while you try to live your life honestly... Microsoft is not. Nor have they ever.

Corporate interests practically rule how these laws are created. Think about this: You aren't allowed to circumvent copyright protection to make backups, NOT because it is in the best interest of the people, but because it is in the best interest of the profitability of these companies.

How completely unfair is that? Corporate interests are consistently put before the needs of the people.

These same corporations who claim you're stealing something from them, who label you a pirate just because you have backups of your games, steal from you literally every day. They circumvent the laws, weasel through loopholes, steal IP, strong-arm small competition, hide money, and use plenty of underhanded tactics to hold on to every last possible cent. Usually at the cost of taxpayers because the money they should be paying in taxes, and the money they ARE paying in taxes is usually a massive gap.


Corporations crying about piracy, cry me a river. It makes me sick every time I read people siding with MS to such a degree that they believe its perfectly fair for corporations to do whatever they like simply because they paid off the right people to implement the laws that way.

The people should look out for the people, and the interests of the people. The corporations have their own backs pretty well.


That being said, I feel its perfectly fine that MS banned people from the Live service. Its their service to do with, what they please. All things being fair, they should have to give pro-rated refunds, because it isn't like that $50 you paid is going to you using the service anymore... And even if they didn't technically ban your account, they basically prevented you from using the service, unless you buy something new.

As for the functionality bans, its just pure bs. They have the ability to do it, they might even have the legal right and even if they don't, they have the legal power to have that right regardless. But its not fair at all.

Everything we've known up until today would state that what we own, we have the legal right to do with however we'd like. The fact that we don't, is a corporately sponsored law.

And yes, most of these people being banned, pirate games instead of just using it for the backups.

But the major issue here is how these corporations feel they can do whatever they want. Thats the big issue. The minor issue are pirates. Funny thing though, if corporations didn't circumvent so many laws to pay less taxes, to effectively steal from the people.. then everyone would have to pay less taxes.

And they'd have more money for games.


Everything ain't so cut and dry, black and white.

This post has been edited by jgtevo: Nov 21 2009, 06:32 AM
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whitak3r

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Microsoft Reacts to Possible Class-Action Lawsuit over Bans
« Reply #44 on: November 20, 2009, 10:36:00 PM »

My only question is this, where in the ToS does it say if you mod your console you will not only be banned but your console will be modified to not be able to accept game installs or Hard drive use? I mean if it DOES say that somewhere, then fine. When you "agree" with the ToS you are agreeing to your console not being able to use game installs and hard drive installs are voided if you do modify your console? I would like M$ to point out exactly where this is stated at, if they do I will reject all previous statements. smile.gif ... I mean ban my console, even my GamerTag, IDC, I took the risk when I accepted  a ToS saying I would not do such things. But I don't see where they state they can do whatever they want to your console after you have modified it(besides ban you from Live).
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