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[ccfman2004]

Just because it is in the Tos does NOT make it legal as privacy is a big concern.

If anyone is familiar with Foamy the Squirrel, the check out this episode titled "User Agreement"

User Agreement

Then tell me that they are legally binding.

[DemisesAngel]

QUOTE(ccfman2004 @ Nov 25 2009, 09:25 PM)

Just because it is in the Tos does NOT make it legal as privacy is a big concern.

If anyone is familiar with Foamy the Squirrel, the check out this episode titled "User Agreement"

User Agreement

Then tell me that they are legally binding.

 

Well I'm not rubbing my junk on my X360 or TV, I'll tell you that much!

[ccfman2004]

QUOTE(DemisesAngel @ Nov 26 2009, 04:03 AM)

Well I'm not rubbing my junk on my X360 or TV, I'll tell you that much!

My point is that just because it is in the ToS does not make it legal.

[Martinchris23]

QUOTE(spac3d0g @ Nov 26 2009, 01:30 AM)

A TOS is a contract that each user signs with MS and is a legal binding contract.

I wonder how many other people believe this to be true?

A contract may be legally binding, however if the content itself is legally questionable it becomes null and void.

Think about it!

[ccfman2004]

QUOTE(Martinchris23 @ Nov 26 2009, 02:22 PM)

I wonder how many other people believe this to be true?

A contract may be legally binding, however if the content itself is legally questionable it becomes null and void.

Think about it!

This is exactly what I believe.  Just because it is in the contract does not make it legal.  It is more or less what MS can get away with.

[ddamnage]

QUOTE(Martinchris23 @ Nov 26 2009, 08:22 AM)

I wonder how many other people believe this to be true?

A contract may be legally binding, however if the content itself is legally questionable it becomes null and void.

Think about it!

thats what im saying, I dont know if they are allowed to run whatever scan or script or whatever it is they are doing. to me that just defeats one of our constitutional rights.

I am not trying to defend piracy, i am just saying, i feel they are violating my personal privacy. If they can see that, what else can they see? pictures and videos stored to my hard drive?

[iwstid]

QUOTE(ddamnage @ Nov 26 2009, 03:10 PM)

thats what im saying, I dont know if they are allowed to run whatever scan or script or whatever it is they are doing. to me that just defeats one of our constitutional rights.

I am not trying to defend piracy, i am just saying, i feel they are violating my personal privacy. If they can see that, what else can they see? pictures and videos stored to my hard drive?

Oh sorry ddamnage but it seems you are a little ignorant on how it all works. Microsoft does not steal or access your personal information for you to connect to LIVE. It simply looks at how your Xbox responds connecting to LIVE. If your xbox responds correctly you are allowed access, if your xbox does not respond correctly your console gets banned.

If you want an example to make it easier for you how about this: You are at a door and to enter that door you need a finger scan, eye scan and voice scan + your personal membership number (serial code in the case of the xbox). The unmodified xbox will simply complete the scans correctly and enter. The modified xbox might pass for the finger and eye scan but will fail the voice scan because the firmware is adjusted. This means that member with serial code xxxxxxxxxxxxxx is not trustworthy and there for banned.

That is why your console gets banned and not you (or your gamer card) because it does not get any personal information. It's simply checks if your xbox gives the right answers and if you have not messed with your xbox it will give the right answers.

So take off your tin-foil hat.

[ddamnage]

QUOTE(iwstid @ Nov 26 2009, 09:56 AM)

Oh sorry ddamnage but it seems you are a little ignorant on how it all works. Microsoft does not steal or access your personal information for you to connect to LIVE. It simply looks at how your Xbox responds connecting to LIVE. If your xbox responds correctly you are allowed access, if your xbox does not respond correctly your console gets banned.

If you want an example to make it easier for you how about this: You are at a door and to enter that door you need a finger scan, eye scan and voice scan + your personal membership number (serial code in the case of the xbox). The unmodified xbox will simply complete the scans correctly and enter. The modified xbox might pass for the finger and eye scan but will fail the voice scan because the firmware is adjusted. This means that member with serial code xxxxxxxxxxxxxx is not trustworthy and there for banned.

That is why your console gets banned and not you (or your gamer card) because it does not get any personal information. It's simply checks if your xbox gives the right answers and if you have not messed with your xbox it will give the right answers.

So take off your tin-foil hat.

sounds like you think you know everything, trying to belittle me....you just make yourself sound stupid...

in any case, like i said, i dont care whether i was banned or not, what makes you think you know thats how they access the information to ban your console? i mean, if you "know" all that, then why are you not working to fix this problem, it seems that to "know" that information you must be pretty talented in the programming field. so, if you "know" all this, then you "know" what they are looking for and you should "know" what to do to stop them.  Since you haven't come up with a way to fix this, I assume this is just one of your theories on the subject. So, unless you have some valuable info, and some proof as to what you say is the real deal, don't come at me like you know what you are talking about.

[DemisesAngel]

QUOTE(ccfman2004 @ Nov 25 2009, 11:35 PM)

My point is that just because it is in the ToS does not make it legal.

Oh, I know... I know. I'm clearly trying to be funny. I guess I fail...

[iwstid]

QUOTE(ddamnage @ Nov 26 2009, 06:12 PM)

sounds like you think you know everything, trying to belittle me....you just make yourself sound stupid...

in any case, like i said, i dont care whether i was banned or not, what makes you think you know thats how they access the information to ban your console? i mean, if you "know" all that, then why are you not working to fix this problem, it seems that to "know" that information you must be pretty talented in the programming field. so, if you "know" all this, then you "know" what they are looking for and you should "know" what to do to stop them.  Since you haven't come up with a way to fix this, I assume this is just one of your theories on the subject. So, unless you have some valuable info, and some proof as to what you say is the real deal, don't come at me like you know what you are talking about.

Looks like someone can't handle their criticism. Ah well what did I expect, I shouldn't have even bothered trying to enlighten the likes of you. Ignorance is bliss eh?

[ccfman2004]

QUOTE(DemisesAngel @ Nov 26 2009, 06:15 PM)

Oh, I know... I know. I'm clearly trying to be funny. I guess I fail...

Oh it was funny as I was trying to be funny with that "User Agreement" video.

[ddamnage]

QUOTE(iwstid @ Nov 26 2009, 12:19 PM)

Looks like someone can't handle their criticism. Ah well what did I expect, I shouldn't have even bothered trying to enlighten the likes of you. Ignorance is bliss eh?

that was far from criticism...and even if it was...i said nothing to be criticized...i asked a legitimate question and you responded with deuchebaggery...without a shred of any type of proof you "know" what you are talking about...

enlighten? pffft...judging from the way you tried to school me on some knowledge, you couldn't enlighten a retard how to wipe spit from his chin.

so back t the topic...

do they have the right to run the checks they are running?

[ccfman2004]

QUOTE(medievil @ Nov 27 2009, 05:03 AM)

yes they have the right to run the security checks...
In fact they could, IF they deemed it needed, add the check to the dashboard code and defeat the Nand hack people are trying out now...
check it, then immediately check it again if it needed to be changed and if it was write protected(would fail the test again, or a 3rd or 4th time to rule out accidental failure), not allow the 360 to boot.

I look for that to be next in fact.

 And contrary to what a lot on here will have yo believe, the TOS/EULA is a lot more enforceable/Legal than they wish it to be...
 I CLEAR legal language, it tells you straight up what they can and will do (Modify any of the software for example) and that if you do not agree with it, to return the console/game immediately...
By keeping the console/game you are signifying that you acknowledge and agree with the TOS. That is a legally binding contract in every court in the world.

Now if M$ did something that they didn't include in the EULA or TOS, then thats a different story.. Some will try to argue that revoking the key is such a thing, but thats a software alteration and that falls under what the contract states...

Some will also say that courts have ruled TOS/EULA's are not legally binding, but n every case I've heard anything about, it was about things being done OUTSIDE the stated TOS/EULA text, or has been pertaining to reselling of games/hardware...

I thought the TOS was for Xbox Live only.

[medievil]

QUOTE(ccfman2004 @ Nov 27 2009, 05:10 AM)

I thought the TOS was for Xbox Live only.

TOS yes, the EULA is for the Console itself, All games also have their own EULA that also mentions the hardware a swell