Topic: Microsoft Reacts to Possible Class-Action Lawsuit over Bans (Read 1205 times)

Xbox-Scene · « **on:** November 20, 2009, 06:21:00 PM »

Microsoft Reacts to Possible Class-Action Lawsuit over Bans
Posted by XanTium | November 20 20:21 EST | News Category: Xbox360

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From financialpost.com:

Quote

Microsoft Corp. has responded to a possible class-action lawsuit over banning up to one million Xbox 360 consoles from accessing its online gaming service, arguing the company is well within its rights to ban users from Xbox Live.

A spokesperson from Microsoft reacted to the possible lawsuit on Friday. "Piracy is illegal and modifying an Xbox 360 is a violation of the Xbox Live Terms of Use. Microsoft is well within its legal rights to ban these users from Xbox Live."

Full Story: financialpost.com

chorizo1 · « **Reply #1 on:** November 20, 2009, 06:25:00 PM »

wow he managed to say all that without laughing hysterically at the lawsuit (that hasn't been filed btw)

amak1131 · « **Reply #2 on:** November 20, 2009, 06:34:00 PM »

But are they allowed to cripple a user's hard drive? That should be the focus of the suit.

No_Name · « **Reply #3 on:** November 20, 2009, 06:35:00 PM »

QUOTE(amak1131 @ Nov 20 2009, 05:34 PM)

But are they allowed to cripple a user's hard drive? That should be the focus of the suit.

The Harddrive is NOT!!!!! fucking crippled.

It still functions as it did before a ban.

tactical · « **Reply #4 on:** November 20, 2009, 06:36:00 PM »

gee, out of the 1 million people that got banned, if any of them got banned by mistake, please tell them to contact lawyers with that info, imagine if MS banned a handful of legit people, that would be PR nightmare for MS. And if court asks to see how they ban and if they made mistakes it could tell MS to unban those people and think of better way to ban.

morbidpete · « **Reply #5 on:** November 20, 2009, 06:37:00 PM »

QUOTE(amak1131 @ Nov 20 2009, 08:34 PM)

But are they allowed to cripple a user's hard drive? That should be the focus of the suit.

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

tomgreen99200 · « **Reply #6 on:** November 20, 2009, 06:37:00 PM »

I think its fine that they protect LIVE from pirates and cheaters but i think its crazy to think that they are allowed to take other actions which really have nothing to do with LIVE (i.e. crippling hard and game saves). How would corrupting game save protect anyone ? What if those gamesaves were made from a retail disk and not a backup ? I think they messed up and now they are recieveing bad press for this.

magusdraco · « **Reply #7 on:** November 20, 2009, 06:39:00 PM »

QUOTE(No_Name @ Nov 20 2009, 08:35 PM)

The Harddrive is NOT!!!!! fucking crippled.

It still functions as it did before a ban.

Yeah. It's the console that refuses to install or run installed games anymore.

It's also the console whose ID was revoked or screwed up or whatever that makes the profiles and saves show up as corrupted on a different console (something that is fixable last I heard. But requires a memory card or something too)

Enygma · « **Reply #8 on:** November 20, 2009, 06:39:00 PM »

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??

KaylaKaze · « **Reply #9 on:** November 20, 2009, 06:40:00 PM »

That'd be perfectly fine if Live was a free service, but MS isn't delivering services paid for. It'd be like you ordered something online, and they billed you, but never sent your product and when you asked them about it, they said "Well, we heard what you were planning to do with it and don't think that's appropriate so we're not sending it to you. But we're keeping your money because you're a pervert."

magusdraco · « **Reply #10 on:** November 20, 2009, 06:41:00 PM »

QUOTE(KaylaKaze @ Nov 20 2009, 08:40 PM)

That'd be perfectly fine if Live was a free service, but MS isn't delivering services paid for. It'd be like you ordered something online, and they billed you, but never sent your product and when you asked them about it, they said "Well, we heard what you were planning to do with it and don't think that's appropriate so we're not sending it to you. But we're keeping your money because you're a pervert."

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

No_Name · « **Reply #11 on:** November 20, 2009, 06:44:00 PM »

QUOTE(Enygma @ Nov 20 2009, 05:39 PM)

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??

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.

Muzzakus · « **Reply #12 on:** November 20, 2009, 06:48:00 PM »

Intersting the M$ has entertained a response to the suit. Seems like it has more legs than even anticipated.

mat82284 · « **Reply #13 on:** November 20, 2009, 06:57:00 PM »

QUOTE(Muzzakus @ Nov 21 2009, 01:48 AM)

Intersting the M$ has entertained a response to the suit. Seems like it has more legs than even anticipated.

I totally agree, that's because Microsoft is worried about losing and having to unbann everyone in the USA. If the lawsuit wins in the USA there will be lots more to come in other countries. Specifically ones with no copyright laws, like Canada. The problem Microsoft knows about is that they know there TOS doesn't over ride Federal Law, which allows USA customers 1 legal backup. Now modifying the system to play it is a whole other arrangement that i wouldn't know who's right or wrong. There is one more problem with USA courts. In a USA court there is a Jury, and if there is people in the jury who have been banned, or kids banned, or they just hate microsoft for there greed, and bad operating system like vista (Probably 50% of the usa). Microsoft knows this and is going to have a hard time fighting there case in court. Microsoft may have the TOS, but the jury holds the power and they show emotions, where Microsoft does not.

They made a statement because they do not want this to reach the court of law, and are hoping the law firm see's there response and possible backs out.

tactical · « **Reply #14 on:** November 20, 2009, 07:03:00 PM »

Yeah, not sure how smart it is for MS to respond, it keeps the story alive and makes more people aware of the case. There may be aspects of this that are illegal. Parents that store bought a new 360 and found out it was modded and MS refused to do anything about it. Or people that did not mod the 360 at all and there system is incorrect in some cases. Out of 1 million 360's that got banned, I'm sure their are stories of people that could make a jury be sympathetic to parents.

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