QUOTE(medievil @ Nov 24 2009, 04:22 PM)
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M$ isn't charging/suing anyone.. they have no burden of proof..
The Plaintiff has to prove they did not modify their console before a case could even be held over...
What you expect a court is going to say M$ you are accused of unfairly banning this console without proof??
It is ALWAYS on the accuser to prove they have been wronged and since M$ isn't accusing anyone of anything it isn't on them...
you can't just sue someone without having ANY evidence to begin with, you'd get thrown out of court and ordered to pay the costs of wasting the courts time.
Now if the Plaintiff can prove they didn't mod their console, THEN Microsoft would have to provide proof or evidence as to why they banned it.
Otherwise M$ just has to say the console was modified and per their procedures it was banned... Plaintiff has the burden to prove their case
WHAT?!?!?!
Alright listen up MS is the one displaying a message essentially saying 'you are banned for unauthorized etc' And because MS has deemed you guilty of said crime, they are disabling your online service and damaging your property (console and content)
Of course MS isnt charging you in court because they would a) have to reveal how they determined you are guilty (any modders listening?) and
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they would most likely first need to obtain a search warrent to raid your house so they would actually have some hard evidence. ...
Maybe i can make this simple, its like getting arrested and being sent to prison. Sorry here in america, you have rights. But if you dont know your rights too bad soo sad. MS is essentially doing the samething as that example, stripping you of due process, they are charging you with a crime, punishing you and giving you no right to defend yourself. That in it of itself is unconstituational.
...c) which is why If MS ever did lose in a court then you can bet they would have to end there unlawful practice of banning consoles. And thats why they will never go to court.
QUOTE(medievil @ Nov 24 2009, 04:44 PM)
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And again, M$ didn't destroy anyone's personal data, they simply made it impossible to MOVE said data to another console because said data was obtain questionably...
Damaging the data which is what was done is the samething as destorying it since it no longer possess the features it used to.
QUOTE(medievil @ Nov 24 2009, 04:44 PM)
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And under the current detection schemes, I highly doubt Microsoft doesn't know 100% your console is modded. That alone gives them full authority over their code to alter it.
MS has to LEGALLY prove that for it to be binding.