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Author Topic: Banned Xbox Live Users Class Action Investigation *Update*  (Read 4642 times)

TRIaXOR

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Banned Xbox Live Users Class Action Investigation *Update*
« Reply #15 on: November 18, 2009, 10:19:00 PM »

Is it just me or do the words 'waste of time' spring to mind..  sleeping.gif

and for the record, I was banned with 9 months to go on my sub.. oh well  rolleyes.gif
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|DW|

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Banned Xbox Live Users Class Action Investigation *Update*
« Reply #16 on: November 18, 2009, 10:19:00 PM »

Wow this is a bullshit lawsuit
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tactical

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Banned Xbox Live Users Class Action Investigation *Update*
« Reply #17 on: November 18, 2009, 10:20:00 PM »

We don't know what LAWS are on the books and if MS crossed the LINE. We don't know.  Law is specialized AREA and even if MS tells you something which they can do, it doesn't mean it will hold up in a court of LAW.  
Messing up hard drive is one area that I would like to investigate as to whether something you own can be dis-abled like that.  I don't know and you don't unless you studied this AREA of the LAW.

MS has lawyers that were consulted at every step and they believe it would hold up in a court of LAW, but , who knows, taking them to court will let us know if it holds up.

Also, in cross examination would come up with method of checking they are doing.  And hopefully the LAW firm will find people that were BANNED and shouldn't have been.  If it can find a few people that were BANNED and can prove they didn't do anything wrong, that could have big impact on MS.
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Canard-WC

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Banned Xbox Live Users Class Action Investigation *Update*
« Reply #18 on: November 18, 2009, 10:20:00 PM »

QUOTE(XanTium @ Nov 19 2009, 06:04 AM) View Post

yea, I'm surprised too ... the HDD Crippling would make more sense than what they are trying to go after.
They are probably clueless about the whole thing ... maybe someone should inform them.

+1
being banned from live is just what we deserve for modding. The crippling thing is much more likely to succeed in a lawsuit, as it's diminushing the console capacbilities for a non-suscribed use...
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OmegaSix

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Banned Xbox Live Users Class Action Investigation *Update*
« Reply #19 on: November 18, 2009, 10:21:00 PM »

This is frivolous. You broke TOS by modding so they ban your console, NOT your gamertag. They don't owe you shit because your live account is still valid. You can still access live, just not on that modded console. Now if they were talking about peoples gamertag's that got banned, that might be a little different, but even then you still broke TOS so they could hit back at you with a breach of contract. It's a no win situation and a waste of time.
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trick91

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Banned Xbox Live Users Class Action Investigation *Update*
« Reply #20 on: November 18, 2009, 10:30:00 PM »

how are they screwing with your harddrive?  they block a feature not make your harddrive unusable.
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simpull7

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Banned Xbox Live Users Class Action Investigation *Update*
« Reply #21 on: November 18, 2009, 10:31:00 PM »

QUOTE(OmegaSix @ Nov 19 2009, 06:21 AM) View Post

This is frivolous. You broke TOS by modding so they ban your console, NOT your gamertag. They don't owe you shit because your live account is still valid. You can still access live, just not on that modded console. Now if they were talking about peoples gamertag's that got banned, that might be a little different, but even then you still broke TOS so they could hit back at you with a breach of contract. It's a no win situation and a waste of time.



I agree. There's no getting out of this.
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Exobex

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Banned Xbox Live Users Class Action Investigation *Update*
« Reply #22 on: November 18, 2009, 10:31:00 PM »

If it means that Microsoft refund Live subs to those with banned consoles, that's good.  The only ones whining that it's not good are the "I'm alright Jacks" who aren't banned, because they're all goody-two-shoes who've never done a thing wrong in their lives.  Apparently.
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SpikeMage

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Banned Xbox Live Users Class Action Investigation *Update*
« Reply #23 on: November 18, 2009, 10:34:00 PM »

QUOTE(makavelif50 @ Nov 18 2009, 09:06 PM) *
I do not agree with this crap at all. It's simple if you mod your 360 it will get banned plain and simple. I agree with what Microsoft has done. Everyone by now should know the risks of modding your xbox, and if you understand the risks then you should wine, cry, or whatever when Microsoft bans your console. If you really must mod an xbox keep it offline and buy one just for online play. I mean if you mod it your going to end up buying another one anyways.


I think what a lot of people are upset about, myself included, is the removal of functionality, deletion of data, and corruption of hard drives. It's not just being removed from their service it's one great big fuck you from Microsoft.
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SupaDawg

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Banned Xbox Live Users Class Action Investigation *Update*
« Reply #24 on: November 18, 2009, 10:34:00 PM »

I'm surprised so many Americans believe legit backups are okay. I'm not an American, but from what I know of the way the DMCA has been applied you are not allowed to make backups. Even if the backups would be considered fair use (which is not that likely imo) modifying hardware to circumvent copyright protection is certainly a violation of the DMCA.

That said, microsoft's error was in not offering these users to prorate refunds. But even then, they banned the hardware and not the gamertags, so these people haven't been denied the ability to access live. Just denied to access it on their modified console.

I have no problem with removing the HDD install functionality. My objection is the corruption of profile data. That's not going to win microsoft any friends.

This post has been edited by SupaDawg: Nov 19 2009, 06:36 AM
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No_Name

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Banned Xbox Live Users Class Action Investigation *Update*
« Reply #25 on: November 18, 2009, 10:39:00 PM »

1: the Harddrive is 100% fully functional. Nothing has been done to it with the bans

2: The Idiots who are doing this have fucking clue. A console ban is not one in the same as a gamertag ban

3: The data is not "corrupt" is blacklisted from use on another console. Plug your drive back in the banned console and it will work without issue. Its only on different consoles that you get the corrupt data results. *At least this what I have gathered is the case)

Why in the fucks name did this make the front page.
I hope the judge dis0bars the entire firm over this.

This post has been edited by No_Name: Nov 19 2009, 06:40 AM
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SnoopDop

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Banned Xbox Live Users Class Action Investigation *Update*
« Reply #26 on: November 18, 2009, 10:45:00 PM »

What about those who got their GAMERTAG banned due to hack, cheat, etc... Does M$ refund their remaining Gold subscribtions and Microsoft Points balance that they bought using a prepaid card ? I think they don't, so that would be a reason for suing the crap out of Microsoft
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sgr215

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Banned Xbox Live Users Class Action Investigation *Update*
« Reply #27 on: November 18, 2009, 10:48:00 PM »

Two facts people whining about the complaint need to be aware of:

1) There is no suit... yet. It's simply being researched.

2) In regards to the law, banning a console could be considered the same as banning your live account; depending on the judges interpretation. A console ban would effectively remove your ability to play on live unless you do one of two things;

a) Own more than one 360

(IMG:style_emoticons/default/cool.gif) Buy another 360

Again, this could be considered unjust depending on the judge. Some of you tend to think your interpretation of the law is the law. Furthermore, a TOS doesn't void all liability but rather acts as a shield which can, and often is, legally scrutinized.

This post has been edited by sgr215: Nov 19 2009, 06:49 AM
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Kevin Sydney

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Banned Xbox Live Users Class Action Investigation *Update*
« Reply #28 on: November 18, 2009, 10:56:00 PM »

wow people...we all knew the risks when we modified our consoles.
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STICKY_BUD

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Banned Xbox Live Users Class Action Investigation *Update*
« Reply #29 on: November 18, 2009, 10:56:00 PM »

beware - that website is not secure so your personal information is not safe
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