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Author Topic: Microsoft Getting 4ssraped In Norwegian Media,  (Read 173 times)

torbjorn

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Microsoft Getting 4ssraped In Norwegian Media,
« on: November 18, 2009, 05:03:00 AM »



http://www.pressfire.no/nyheter/Xbox360/14...kan-vre-ulovlig


yes its in norwegian, but im sure someone will translate it!

and yes they are getting questioned..

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sandeman22

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Microsoft Getting 4ssraped In Norwegian Media,
« Reply #1 on: November 18, 2009, 05:08:00 AM »

QUOTE(torbjorn @ Nov 18 2009, 01:03 PM) *

 but im sure someone will translate it!


Google did:

Last week we wrote about Microsoft's big offensive to address the piracy problem on Xbox 360

There declared that all that had been modified Xbox 360en its risked getting their machine barred from the online service Xbox LIVE.

It has recently come out information that Microsoft also remove features from the Xbox 360 machine. Mon risks losing the ability to install games on your hard disk, but also the ability to play certain video file formats. Thus, removing Microsoft features consumers actually paid for. The irony is that the games you have purchased fully legal will be available on the hard disk.

Is Microsoft doing, in their hunt for people with modified consoles and use of illegal game copies, on the border with Norwegian law?

Well, "said Thomas Nortvedt the Consumer Council to PressFire.no.
No, says Microsoft, adding that they will look at the issue again if it turns out that they operate in the gray or at odds with Norwegian law.
 
Thomas Nortvedt the Consumer Council
(Photo: CF-Wesenberg/kolonihaven.no)
Frustrated users

We have received many emails from frustrated readers lately, who believes the action may be in conflict with Norwegian law.

It is of NOK Norwegian forum users that the last time, has shared his views about Microsoft's anti-piracy strategy:

- It is criminal to take away features from our hardware on the way, and particularly unfair since it is also so when using the original game.

- Many "pirates" buy the mass games and Downloadable Content, etc. Can not understand why they punish their best customers this way, writing for example martinsen222, on board at modnet.no.

Forum user refers to the removed features that belong to the game console if you get caught as game piracy.

- In addition, removing Microsoft the ability to install games on the hard disk from the console, and also the ability to play games that are already installed on your hard disk. Also with the original disks! Printer martinsen222 further.

In Norway, the owner Mon product you buy, and so has its full right to do what one will with the machine. Also modify it.

The question is how hard Microsoft user agreement LIVE weigh up against the Norwegian law and the Consumer Council's guidelines.

- By law, there are no limits to what can be done with the console itself, it has purchased and owns entirely, "says Thomas Nortvedt the Consumer Council to PressFire.no, but also points out that it is a challenge when there is talk of piracy .

- The challenges arise when the customer needs, apparently not in line with the provider's needs, such as being able to make backup copies of content one uses the console. Such a law also authorized by the copyright law, "he continues.

 
Country Manager of Microsoft, Tony Renstrøm.
Complicated AGREEMENT is problematic

Country Manager Tony Renstrøm from Microsoft confirmed to PressFire.no that "it is true that the ability to install the game no longer works if you are banned, but the reason is because the" Xbox will no longer be given the opportunity to create approved content "and that there is more information on http://www.xbox.com/en-US/consoleban.

The document explained that when a machine has been blocked, it will not be able to function in a "Xbox-ecosystem" because the computer can not create saved game files or profiles that can recognize the other Xbox 360 machines longer, and therefore can not save the game and some video files on your hard disk.

Renstrøm also believe that it is their full right to change the offers to the customer if the customer violates the rules, he or she has approved the purchase of the Xbox Live subscription.

- We believe that this is in accordance with consumer agreement the customer accepts when they purchase the console and Xbox Live subscription. This is not a problem unless the user connects on the net, then the console will work as before.

- We have of course experienced lawyers at this and think thus we stay within the rules, but the Consumer Council would reach a different conclusion, then we must take up the dialogue with the Consumer Council to find a solution, "said Tony Renstrøm to Media Fire.

Nortvedt mean it is not so easy. He is critical of the way Microsoft presents its provisions, and after chasing down the pirates by pointing to the rules the company has embodied in a long document that can be difficult to understand i.

- One can not point to a legal document of 13 pages, translated from English, and assume that everyone who uses your Xbox LIVE can be considered valid have entered into an agreement with these particular conditions, says Thomas Nortvedt.

- And when it is in our view is a challenge to set limits for how this bidirectional communication may be used, without the conflict with the regulations governing such matters.

- In all these works use agreements bad to regulate the relationship between buyer and seller, which also appears in a Consumer Council survey recently published, "says Thomas Nortvedt to PressFire.no.

- It is however, that this must be done sparingly, and with it, I believe that measures must be proportionate to what they want to achieve. As you describe the conduct here, it seems that it entered into a "criminal element" in the upgrade, and it seems I do not sound either particularly customer-friendly or long term, "he said.

- Can this anti-pirate initiative from Microsoft to be illegal in Norway?

- The Consumer Council's opinion will be much for that one can unilaterally change the terms of an agreement. More and more systems go over to two-way communication, which in principle is a technical advances, but also opens opportunities for vendors that have had, "said Nortvedt.
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garyopa

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Microsoft Getting 4ssraped In Norwegian Media,
« Reply #2 on: November 18, 2009, 06:14:00 AM »

M$ will just stand behind this in their updated FAQ and TOS.

That the lost of these "features" is needed to protect those still on live playing with legit unmodded consoles.

As per the Xbox site: http://www.xbox.com/en-us/consoleban

QUOTE

Why does my banned Xbox 360 no longer install to hard drive?

Once a console has been banned from Xbox LIVE, in order to protect the integrity of the Xbox ecosystem and its members, that console loses its ability to create trusted content.

This means that, for example, the console can no longer create profile and game data that is recognized by other Xbox 360 consoles or on the Xbox Live service, and it cannot create trusted game files or recognize previously created game files using the install to hard drive functionality.

The inability to create trusted content does not impact the console's ability to play from discs in the optical disc drive.


The reason this is needed by M$ to "protect" the unmodded console, is because the HDD is movable between systems, and M$ does not want someone using their "modded" console to put data onto the HDD which then could be treated as "trusted" in a un-modded console.

There is no way any lawyer or country is going to win this battle, and if they by some weird way did, M$ would just revoke that whole country from being able to use LIVE, just like some countries are not able to access Live already.

This post has been edited by garyopa: Nov 18 2009, 02:20 PM
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biggyfred

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Microsoft Getting 4ssraped In Norwegian Media,
« Reply #3 on: November 18, 2009, 06:34:00 AM »

It's not that simple gary. Similar to the Pirate Bay case, a TOS or IP requirement cannot contract away rights permanently granted by the laws governing the country in question. Based on the translation, it looks like Microsoft has a genuine problem on its hands. If the law stipulates that one cannot remove functionality that has been paid for in a product, that's pretty directly applicable. And it's not going to shut down Live to a country that strongly participates in the EEU and EFTA for fear of causing problems with the wider EU. The EU has no love for Microsoft and has fought them more than once. The EU seems to enjoy taking on American business in its courts.

If I was Microsoft, I would be taking this very seriously. This should be interesting to watch.

This post has been edited by biggyfred: Nov 18 2009, 02:37 PM
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garyopa

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Microsoft Getting 4ssraped In Norwegian Media,
« Reply #4 on: November 18, 2009, 06:45:00 AM »

QUOTE(biggyfred @ Nov 18 2009, 08:34 AM) *

It's not that simple gary.

Similar to the Pirate Bay case, a TOS or IP requirement cannot contract away rights permanently granted by the laws governing the country in question.

If I was Microsoft, I would be taking this very seriously. This should be interesting to watch.


It's is simple Fred.

If I was Microsoft, I just suspense all of "Norway" from any Live service, just like right now Live is not available in all countries around the world.

I can easy in-vision M$ just cutting down the list of countries were Live service is available.

THE END of any so-called "legal" problem.

This post has been edited by garyopa: Nov 18 2009, 02:46 PM
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ade2

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Microsoft Getting 4ssraped In Norwegian Media,
« Reply #5 on: November 18, 2009, 07:37:00 AM »

QUOTE(garyopa @ Nov 18 2009, 02:45 PM) *

It's is simple Fred.

If I was Microsoft, I just suspense all of "Norway" from any Live service, just like right now Live is not available in all countries around the world.

I can easy in-vision M$ just cutting down the list of countries were Live service is available.

THE END of any so-called "legal" problem.


That's ridiculous. It would be much more beneficial for them to simply give the norwegians their features back, especially if they are ordered by law to do so.

EULAs and TOS have been shown to be invalid previously, and it could be this time too.
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Vampiro2000

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Microsoft Getting 4ssraped In Norwegian Media,
« Reply #6 on: November 18, 2009, 07:50:00 AM »

I think it's time for an online petition here in Europe since the fines are bigger!

Also, even if you let someone kill you, for exemple, it doesn't make it legal... So the same with TOS and EULAS etc...
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Toddler

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Microsoft Getting 4ssraped In Norwegian Media,
« Reply #7 on: November 18, 2009, 08:42:00 AM »

QUOTE(garyopa @ Nov 18 2009, 07:14 AM) *
The reason this is needed by M$ to "protect" the unmodded console, is because the HDD is movable between systems, and M$ does not want someone using their "modded" console to put data onto the HDD which then could be treated as "trusted" in a un-modded console.

How can that content be "trusted" when it is signed by another console?  Moving a hard drive to another console and accessing that content only works if you are actively connected to Live for authorization, which a modded console cannot do.  That's the whole point of the once-a-year content transfer, so it gets resigned by the new console and you can run it offline as well as online.

Microsoft actively changed the way banned machines are affected in order to cripple things such as copying games to hard drive and moving game saves between systems.  That has nothing at all to do with protecting the Live "ecosystem" and has everything to do with punishing modded users.  I don't blame Microsoft for wanting to do that, but the law does vary from country to country.

If you buy a new 360 with the latest NXE, never connect it to Live and play games on it, can you rip to hard drive or move game saves to another console?  If you can do either, they have removed out-of-the-box functionality, which goes well beyond simply banning users from Live services.

This post has been edited by Toddler: Nov 18 2009, 04:46 PM
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biggyfred

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Microsoft Getting 4ssraped In Norwegian Media,
« Reply #8 on: November 18, 2009, 09:05:00 AM »

QUOTE(garyopa @ Nov 18 2009, 02:45 PM) *

If I was Microsoft, I just suspense all of "Norway" from any Live service, just like right now Live is not available in all countries around the world.

I can easy in-vision M$ just cutting down the list of countries were Live service is available.

THE END of any so-called "legal" problem.

It would only be the beginning of the legal problems. Because of Microsoft's stated goal of Live Anywhere paired with the availability of Live in virtually every European country but Poland (and Ballmer himself has said Poland is coming soon), the EU would be really pissed about Microsoft's decision to explicitly exclude a euro country. Microsoft's interest in its gaming division is laughable next to its software business, a software business that has already been sued multiple times for running afoul of EU standards. Yanking Live would be a political invitation to come down like a hammer on MS. The EU already sees screwing with MS as a sport and it is extremely politically popular with the people of the EU to do so. They're not going to risk a tens of billions of dollars a year core competency business... for Live.

There's no way. None. From a business perspective, it would be like committing suicide. I would expect people would be fired over the many tens of millions of dollars in litigation fees and lost goodwill should someone at MS be foolish enough to make that decision.

The RIAA, who is a damned sight more foolish than Microsoft and had orders of magnitude less to lose, didn't stop selling music in countries where the Pirate Bay was hosted. It just doesn't make sense to beg the EU for its own special version of the ban hammer.

Just sayin.

This post has been edited by biggyfred: Nov 18 2009, 05:08 PM
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BoNg420

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Microsoft Getting 4ssraped In Norwegian Media,
« Reply #9 on: November 18, 2009, 09:37:00 AM »

Yea the HDD install does not make sense.  When a game is installed, I cant put that HDD on my friends xbox and play it, even with the game in the drive, you still got to install it to HDD to play on that system.  

Its just MS being assholes.
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