Topic: Microsoft Reacts to Possible Class-Action Lawsuit over Bans (Read 1206 times)

No1B4Me420 · « **Reply #45 on:** November 20, 2009, 10:52:00 PM »

I really do not see what all the fuss is about, for the hardcore crew this is just a little bump in the road. Ok M$ you got me, cheer cheer for you!!! Now let me pull a RROD out of my stack do a quick fix and flash and boom back on live. Shit, I can even use my existing gamer tag, thanks for that BTW. Hmmm now what do I do with this nice little banned unit??? Here I come craigslist/ebay, what?? people are still paying more than twice the cost of a RROD unit for a banned unit with a few backups?? While damn let me snag 2 more RROD units to add to my stack for when the next unit gets banned. And the cycle repeats itself.

Now for the not so hardcore, I guess this is a pain in the ass (exactly what M$ intended). You have to find another box to get onto live with whether its new or used. Now you have a box for playing just backups, and a box for playing live. Pfft. This seperates the hardcore modders/testers from casual ones.

This reminds me of the satellite days, ended up paying more for gadgets to get the channels for free then it would cost to pay for a subscription, but it was so worth it, to say hey I did it.

nitussi · « **Reply #46 on:** November 20, 2009, 11:11:00 PM »

First you get achievements playing pirated games all year long, then you get banned and get upset because m$ disables you from continuing to get achievements on your banned console while you play it offline.. I don't see an argument here!
Take your achievements from pirated games that m$ is allowing you to keep, and consider you self lucky to even still have them. M$ is 100% in their rights to ban and corrupt your game data that you been playing on a modified system.

Now to M$..
M$ should be sued for waiting till they sold gazillions of consoles around major game releases(MW2), before doing "the million ban march". Its impossible to think that all of a sudden m$ found a way to detect modified consoles during the time of major game releases when people buy consoles. If you are going to ban people you do it on a consistent bases to set an example and prevent people from modding their systems. Instead they decided to let people be suckers knowing that they are going to ban them later on in the year to increase console sales. Now that people got a taste of MW2,Halo, and others before getting banned.. those people are going to go out and buy new consoles after the ban.
Basically the ban wave was deceitfully planned ahead of time to increase console sales.

LEON007 · « **Reply #47 on:** November 20, 2009, 11:17:00 PM »

They blow up one of the fuse on last update, Hey isnt it we pay for the fuse when we bought 360?? Isnt it our fuse. MS actually blow up anything they want?? If tomorrow they will come up with an update that blow the dvd drive lance then what?? Is TOS says they can blow anything they want??

Hey I am also curious about one thing.

Is they ban you offline and disable hard drive installation?? Any TOS/EULA??

No_Name · « **Reply #48 on:** November 20, 2009, 11:25:00 PM »

QUOTE(LEON007 @ Nov 20 2009, 10:17 PM)

They blow up one of the fuse on last update, Hey isnt it we pay for the fuse when we bought 360?? Isnt it our fuse. MS actually blow up anything they want?? If tomorrow they will come up with an update that blow the dvd drive lance then what?? Is TOS says they can blow anything they want??
Hey I am also curious about one thing.

Is they ban you offline and disable hard drive installation?? Any TOS/EULA??

It states in the EULA and TOS they can add and remove features at any time.
Go read it for yourself.

n00ps2me · « **Reply #49 on:** November 21, 2009, 12:31:00 AM »

Wow i must say and i dont care if i get banned some of you people are ignorant as hell. People read posts properly.

All you people who are saying the ban is correct and deserved well tell me whats deserved about the following and please read and understand it first before you post a retarded comment.

Purchased a brand new xbox 360 never been opened to mod in any way, only thing i have dont is put my brothers hard drive on it (yes my brothers drive was corrupted due to a ban) .... low and behold 3 weeks later i get banned phne microshit and guess what nothing they can do.... Why the hell should you be banned for using a second hand h/d what next banned for using a second hand controller a second hand wireless adapter..

Well guess what microshit ive contacted watchdog and await there return call, also i shall be going like most people and buying a ps3 and i shall be ditching your shitty vista and going to mac..

PEOPLE if you wanna hurt micro a lawsuit aint gonna do it stop buying there retarded consoles and shitty o/s that will hit em where it hurts....

medievil · « **Reply #50 on:** November 21, 2009, 12:46:00 AM »

QUOTE(n00ps2me @ Nov 21 2009, 08:31 AM)

Wow i must say and i dont care if i get banned some of you people are ignorant as hell. People read posts properly.
All you people who are saying the ban is correct and deserved well tell me whats deserved about the following and please read and understand it first before you post a retarded comment.
Purchased a brand new xbox 360 never been opened to mod in any way, only thing i have dont is put my brothers hard drive on it (yes my brothers drive was corrupted due to a ban) .... low and behold 3 weeks later i get banned phne microshit and guess what nothing they can do.... Why the hell should you be banned for using a second hand h/d what next banned for using a second hand controller a second hand wireless adapter..

Well guess what microshit ive contacted watchdog and await there return call, also i shall be going like most people and buying a ps3 and i shall be ditching your shitty vista and going to mac..
PEOPLE if you wanna hurt micro a lawsuit aint gonna do it stop buying there retarded consoles and shitty o/s that will hit em where it hurts....

sounds like the HD had been on a modded 360 that had already been flagged...

toddgei · « **Reply #51 on:** November 21, 2009, 12:56:00 AM »

I think the reason that they are preventing you moving HDDs to other consoles is so you cant rack up a huge gamerscore with a huge library of pirated games and then go on live on a non modded console with it which isnt fair to the average gamer that may only have 8-10 original games.

Rickets06 · « **Reply #52 on:** November 21, 2009, 12:58:00 AM »

What about the 250 dollar HDD crippling?

medievil · « **Reply #53 on:** November 21, 2009, 01:08:00 AM »

QUOTE(Rickets06 @ Nov 21 2009, 08:58 AM)

What about the 250 dollar HDD crippling?

Again the HD is not crippled.. reformat it, stick it on a new arcade and it works just fine... or leave it on the banned system and it still works fine, they removed the HD install feature, but that is not hurting the HD, thats to deter piracy and installing copied games on a modded console

mat82284 · « **Reply #54 on:** November 21, 2009, 01:20:00 AM »

QUOTE(n00ps2me @ Nov 21 2009, 07:31 AM)

Wow i must say and i dont care if i get banned some of you people are ignorant as hell. People read posts properly.
All you people who are saying the ban is correct and deserved well tell me whats deserved about the following and please read and understand it first before you post a retarded comment.
Purchased a brand new xbox 360 never been opened to mod in any way, only thing i have dont is put my brothers hard drive on it (yes my brothers drive was corrupted due to a ban) .... low and behold 3 weeks later i get banned phne microshit and guess what nothing they can do.... Why the hell should you be banned for using a second hand h/d what next banned for using a second hand controller a second hand wireless adapter..

Well guess what microshit ive contacted watchdog and await there return call, also i shall be going like most people and buying a ps3 and i shall be ditching your shitty vista and going to mac..
PEOPLE if you wanna hurt micro a lawsuit aint gonna do it stop buying there retarded consoles and shitty o/s that will hit em where it hurts....

You can go over to xbox.com and ask on the live forums and they have a way to retest your system to see if its modded, at the cost of your live account thought.

I would just delete your main live account, and create a new silver account on that hard drive and just tell them you bought the hard drive off ebay and put it on your system and you got banned and its saying you modified your system, which you didnt. So when they recheck your system it'll come back valid since you never opened it. If it comes back as invalid again, then it shows that the hard drive is storing information about the ban's and buying used hard drives is now a huge risk. Worse that happens is you loose your newly created silver account.

noetikos · « **Reply #55 on:** November 21, 2009, 01:33:00 AM »

i think that users who still have paid for live services and have been banned will be rewarded with a refund after the class lawsuit ends. i think that microsuck will get a slap on the wrist rather getting it's hands chopped off.

sony is definitely going to profit from the 360 wave ban one way or another.

j3ll3 · « **Reply #56 on:** November 21, 2009, 02:19:00 AM »

QUOTE(jgtevo @ Nov 21 2009, 06:28 AM)

Corporate interests practically rule how these laws are created. Think about this: You aren't allowed to circumvent copyright protection to make backups, NOT because it is in the best interest of the people, but because it is in the best interest of the profitability of these companies.

How completely unfair is that? Corporate interests are consistently put before the needs of the people.

These same corporations who claim you're stealing something from them, who label you a pirate just because you have backups of your games, steal from you literally every day. They circumvent the laws, weasel through loopholes, steal IP, strong-arm small competition, hide money, and use plenty of underhanded tactics to hold on to every last possible cent. Usually at the cost of taxpayers because the money they should be paying in taxes, and the money they ARE paying in taxes is usually a massive gap.
Corporations crying about piracy, cry me a river. It makes me sick every time I read people siding with MS to such a degree that they believe its perfectly fair for corporations to do whatever they like simply because they paid off the right people to implement the laws that way.

The people should look out for the people, and the interests of the people. The corporations have their own backs pretty well.
That being said, I feel its perfectly fine that MS banned people from the Live service. Its their service to do with, what they please. All things being fair, they should have to give pro-rated refunds, because it isn't like that $50 you paid is going to you using the service anymore... And even if they didn't technically ban your account, they basically prevented you from using the service, unless you buy something new.

As for the functionality bans, its just pure bs. They have the ability to do it, they might even have the legal right and even if they don't, they have the legal power to have that right regardless. But its not fair at all.

Everything we've known up until today would state that what we own, we have the legal right to do with however we'd like. The fact that we don't, is a corporately sponsored law.

And yes, most of these people being banned, pirate games instead of just using it for the backups.

But the major issue here is how these corporations feel they can do whatever they want. Thats the big issue. The minor issue are pirates. Funny thing though, if corporations didn't circumvent so many laws to pay less taxes, to effectively steal from the people.. then everyone would have to pay less taxes.

And they'd have more money for games.
Everything ain't so cut and dry, black and white.

THIS +1

Corporate businesses suck and are ruining our planet for the worst, especially Anglo American minded businesses.. with their sleazy marketing strategies and techniques they are looking to take every penny out of your pocket

medievil · « **Reply #57 on:** November 21, 2009, 02:23:00 AM »

QUOTE(noetikos @ Nov 21 2009, 09:33 AM)

i think that users who still have paid for live services and have been banned will be rewarded with a refund after the class lawsuit ends. i think that microsuck will get a slap on the wrist rather getting it's hands chopped off.

sony is definitely going to profit from the 360 wave ban one way or another.

Why?? your live account is NOT banned, you can go to another 360, import your profile and sign on no problems...
so there is no legal reason to refund

tbb033 · « **Reply #58 on:** November 21, 2009, 02:49:00 AM »

QUOTE(tomgreen99200 @ Nov 20 2009, 09:43 PM)

lol wow thats funny.

One more thing, I don't know why people keep saying making backups of something you own is legal. As far as i know, circumventing copyright protection is illegal according to the DMCA. Yes, thats a real law unlike ToS.

Yes. But there's another law, the US copyright code, section 117, that says you're entitled to make copies, so long as you either need one to use the software (like if you need to install a computer program, that's technically copying data from a disc to a hard drive) or the copy is for archival purposes (aka a backup) and you destroy it if you transfer the original to someone else.

QUOTE

§117. Limitation on exclusive rights: computer programs
(a)

Making of additional copy or adaptation by owner of copy. Notwithstanding the provisions of section 106 [17 USC 106], it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:
(1)

that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
(2)

that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.

Unless/until the Supreme Court tries a case to determine if this or the DMCA takes precedence, it's premature at best to say backups are illegal.

medievil · « **Reply #59 on:** November 21, 2009, 03:13:00 AM »

QUOTE(tbb033 @ Nov 21 2009, 10:49 AM)

Yes. But there's another law, the US copyright code, section 117, that says you're entitled to make copies, so long as you either need one to use the software (like if you need to install a computer program, that's technically copying data from a disc to a hard drive) or the copy is for archival purposes (aka a backup) and you destroy it if you transfer the original to someone else.
Unless/until the Supreme Court tries a case to determine if this or the DMCA takes precedence, it's premature at best to say backups are illegal.

you left out the prevailing subsection though subsection 106 (You know the part in your quote that it references as being priority)

QUOTE

106. Exclusive rights in copyrighted works

Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;
(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

that basically says that the copyright holder MUST give you permission before you can do any of those things...

Author Topic: Microsoft Reacts to Possible Class-Action Lawsuit over Bans (Read 1206 times)