MS: We are well within legal rights to ban Xbox LIVE users

[Zeus]

Responding to news of a possible class action law suit, MS has responded by denoting that it is perfectly within its legal rights to ban people with a modified Xbox 360 from XBOX LIVE.

<blockquote>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."</blockquote>

Read more: <a href="http://www.financialpost.com/story.html?id=2248043#ixzz0XUm1O8TH" target="_blank">FinancialPost.com</a>

[tech3475]

Anyone with an IQ >1 knows that, however, some will question them disabling non-XBL stuff or see if they can make any money out of the situation.

[wrathchild]

Yea they have the right to ban from live, but what the hell does disabling hdd installs and media center have to do with live?

[MadonnaProject]

They have a right to ban people for violating terms and conditions, however crippling the system's functionality which has NOTHING to do with live, especially when people have PAID for that functionality to come with the hardware is not very legal.

[sirxlaughs]

Yea they have the right to ban from live, but what the hell does disabling hdd installs and media center have to do with live?

Call and ask them.

[msanchez]

yup, what you guys said.

[krawhitham]

They have a right to ban people for violating terms and conditions, however crippling the system's functionality which has NOTHING to do with live, especially when people have PAID for that functionality to come with the hardware is not very legal.

The system connects to live occasionally to verify the game on the HD is legit, without LIVE access that can not be done, so installing to the HD is removed

[Jsameds]

Keep digging, Miscrosft, keep digging..

[ThreeDog]

Anyone with an IQ >1 knows that, however, some will question them disabling non-XBL stuff or see if they can make any money out of the situation.

They didn't disable any 'non-XBL stuff' they simply removed/revoked certificates, You can hardly argue in court that MS revoked consoles right to sign installed content. MS is right they're legally covered.

[DEDDOA]

The beauty of the features being disabled is that if at some point MS do decide to give you them back, you will likley have to buy a game to do it, the first of which would no doubt be an MS one on a new wave. So whatever happens they will get the money out of you.

None of this bothers me tho, i even swapped a fully working console for a banned one so i could get the free DLC it had, lack of HDD install means nothing to me, the games still play as they did before I had it, just some like tekken are a bit slow loading, but I have bought that for the PS3 now so it's a non event. Media centre extender is a waste of space as well, what is the point of having access to media streamed off the PC if you can't play the vast majority of codecs (got my great little dell studio hybrid for that, great media centre PC if you can pick one up cheap)

[phallius]

Responding to news of a possible class action law suit, MS has responded by denoting that it is perfectly within its legal rights to ban people with a modified Xbox 360 from XBOX LIVE.

<blockquote>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."</blockquote>

Read more: <a href="http://www.financialpost.com/story.html?id=2248043#ixzz0XUm1O8TH" target="_blank">FinancialPost.com</a>

This is not a court of law. Go argue your case while your bleeding cash! In here it's just rhetoric and it shows weakens to defend in a place where the law doesn't apply. Go cry me a river! :eek:

[iLLNESS]

i just think its funny people ***** about it.

maybe microsoft should have logged ips, checked account information for address's and tracked down all the people with bootlegs and had them arrested. your hard drive install would be the least of your issue then lol.

[Neglefarot]

More of the same, its wrong to do that to your user whit the porpouse of selling them a new console for the season and compite in sales whit the others, they dont ban in january do they?

But im sure th hype will say the opposite.

[danight]

i just think its funny people ***** about it.

maybe microsoft should have logged ips, checked account information for address's and tracked down all the people with bootlegs and had them arrested. your hard drive install would be the least of your issue then lol.

lol no crap.... maybe microsoft should join the riaa and mpaa and come sue everyone like sony does. 99 cent is like a $1000.00 lawsuit so 60 dollar game should be like $60,000.00 hey no bad press there.

Funny how everyone is all "im gonna buy ps3 games now" but ps3 attach rate is never been higher then xbox 360 w/ piracy. So there is some lying people running around.

Its amazing wii does a update to block piracy and peoples wii`s get bricked... no one says crap about it helping ps3.
But ban people from live and AMGBBQ its 2012 and the end of the world im rush and go spend 300 bones on a ps3 and 60 dollars on 1 game to show microsoft im pissed off they didnt let me play my stolen game online like sony does.

[MadonnaProject]

i just think its funny people ***** about it.

maybe microsoft should have logged ips, checked account information for address's and tracked down all the people with bootlegs and had them arrested. your hard drive install would be the least of your issue then lol.

I think the person above me proved how idiotic your post was. Nuff said.

[xsam34]

Can we just forget all this. Its getting boring. people got banned, people got mad, MS defends it's action. People whine and I'm getting a headache. I'm going to play on my modded xbox online see ya lol:D

[saleem]

More of the same, its wrong to do that to your user whit the porpouse of selling them a new console for the season and compite in sales whit the others, they dont ban in january do they?

But im sure th hype will say the opposite.


thats why 99% of them went out and bought ps3,sales went up 70%.

now microsoft have to keep releasing bollocks all the time cos they are embarassed that much.talk about cutting your own nose off to spite the face.

[kidman64]

The system connects to live occasionally to verify the game on the HD is legit, without LIVE access that can not be done, so installing to the HD is removed

why are you saying stuff that is not true? did you make that one up yourself?
Basically Microsoft has taken away the right to sign stuff, and without that your profile will be 'corrupted' and games cannot be installed onto hdd.

[soulbwoy]

Someone made an interesting point at another website. What about the people who unknowingly bought a used console that are modified/banned? The idea that MS is gonna insist that a person who just bought the live service go out and buy a new console is a bit absurd. After all buying a used console isn't illegal or immoral. They are saying that this argument will be brought up in the class action suit. so microsoft may have to lift the bans on the consoles.

[Z3R0B4NG]

The system connects to live occasionally to verify the game on the HD is legit, without LIVE access that can not be done, so installing to the HD is removed

That would indicate that if you disconnect your LAN Cable from your Xbox 360 that your installed games would stop to function at some point. I dont think so!
Everytime you start a game the DISC is checked if it is a legit game and that is it!

In my eyes MS takes away features which the customer has allready paid for, disconnecting from XBL is fine with me but crippling the Hard Drive is only good to piss off the evil User even more so that he will buy a new System ASAP.

Oh yeah and the timing is very convinient too. Every year just before christmas.

[QrafTee]

Someone made an interesting point at another website. What about the people who unknowingly bought a used console that are modified/banned? The idea that MS is gonna insist that a person who just bought the live service go out and buy a new console is a bit absurd. After all buying a used console isn't illegal or immoral. They are saying that this argument will be brought up in the class action suit. so microsoft may have to lift the bans on the consoles.That's not Microsoft's fault nor the victim's fault; that's the perpetrator's fault for selling that tainted used Xbox 360.

[switchg3ar]

The system connects to live occasionally to verify the game on the HD is legit, without LIVE access that can not be done, so installing to the HD is removed

My xbox at the cottage doesn't even have internet access so how did I install games then?

[grapeape]

My xbox at the cottage doesn't even have internet access so how did I install games then?

If your xbox at the cottage doesn't have internet access how did it get banned? :rolleyes:

[switchg3ar]

Microsoft should make this into a business. Like charge a 100 dollar unbanning fee. If you don't unmod your console they can ban you again. Then you pay another 100 dollars. That would be so cool, if 60% of people would pay that 100 dollars to unban their consoles that would be a cool 60 million dollars. Damn they are smart.

[switchg3ar]

If your xbox at the cottage doesn't have internet access how did it get banned? :rolleyes:

I never said it was modded ;) I was just saying if it needed access to install games I wouldn't be able to install them :P

[spook727]

That's not Microsoft's fault nor the victim's fault; that's the perpetrator's fault for selling that tainted used Xbox 360.

Additional blame can be put on Walmart and the like. They pass off returned systems as new. Many of those returned boxes were hacked or RROD. In those cases Microsoft will refuse to replace or unban the xbox because they have no way of verifying the customer's claims and the customer is left with a hobbled system.

For most people an XBox is not an impulse buy. Everyone that I know who have a box needed to think of some justification that they can live with in order to make the purchase. To have Microsoft shut them down and tell them that they have committed a crime will make them think twice about buying anything Microsoft again.

[soulbwoy]

That's not Microsoft's fault nor the victim's fault; that's the perpetrator's fault for selling that tainted used Xbox 360.

yeah but a used xbox is not like used car or gun where you can track down the previous owner. I mean really can you imagine trying to hold the perpetrator responsible. All he have to say is that he bought it like that used too.

I don't know, but does gamestop require you to fill out registration form if you are trading in a used console?

[msanchez]

i just think its funny people ***** about it.

maybe microsoft should have logged ips, checked account information for address's and tracked down all the people with bootlegs and had them arrested. your hard drive install would be the least of your issue then lol.

Well unless in some disclaimer it says that ms can log your ip then I highly doubt ms would want to get b*tch slapped with an invasion of privacy suit on top of everything else.

@danight

Well this is not the same case as having mp3s on your pc.... not that I think that whole $2,000,000 for having 100 mp3s is fair.... or sane. Anywho, they are catching people for playing burned discs, not for distributing the burned disc.... if they go after the release groups, or the idiots that offer to sell people burned copies on craigslist, then these guys could get slapped with some silly $60 = $999,999,999,999,999,999,999,999,999,999 + your anal virginity fine.

[sirxlaughs]

Additional blame can be put on Walmart and the like. They pass off returned systems as new. Many of those returned boxes were hacked or RROD. In those cases Microsoft will refuse to replace or unban the xbox because they have no way of verifying the customer's claims and the customer is left with a hobbled system.

For most people an XBox is not an impulse buy. Everyone that I know who have a box needed to think of some justification that they can live with in order to make the purchase. To have Microsoft shut them down and tell them that they have committed a crime will make them think twice about buying anything Microsoft again.

If you buy a new system and find that something is wrong with it, you should be able to return it within the 30 day period. Also, consoles are tracked by serial number. The warranty activates the day of purchase. They knows b/c the serial number is reported as being sold. If you find your warranty date does not match your purchase, you'll know something is wrong as well. I'm sure if anyone has a legitimate claim to this, there are ways to proving and compensating their claims. I've never met anyone who's experienced this kind of fraud when purchasing from a retailer.

[danight]

@danight
Well this is not the same case as having mp3s on your pc.... not that I think that whole $2,000,000 for having 100 mp3s is fair.... or sane.


yeah i know... but the point i was shooting for was. Microsoft could have been real jerks. They kicked people off their network who used modded consoles. Little kids are so addicted to live and online they had with drawl and cried.

None of this is new and microsoft did this same exact stuff last gen... I was just pointing out there is far more evil stuff going on like the mp3 download stuff that really shows just how crooked these companies rae vs a company kicking you off their network because they caught you using a modded console.

But goto after dawn and there is always good stories there about major corps really screwing people over, even some governments over this crap.
Turth be told nintendo was bricking peoples console with their update just to stop modded consoles.
microsoft could have shorted the fuse and bricked the 360s... all they did was kicked people off their network and stuff.

Fact is modders broke the rules... microsoft enforced them the best way they saw fit. Yeah it sucks to get a speeding ticket..but dont want a ticket dont speed... simple. Yes every car can go over a speed limit and its your car, but that doesn't give you the right to.

Modders make up a small % of gamers.... thats why after the huge ban wave live had record number of users on.

But anyone banned who thinks their xbox 360 is worthless... do something good with it then. Donate it to a docs office or hospital or some poor kid who cant afford 1 in the first place or some war vet or cancer children. They wont care if its banned from live and you will be someones hero for doing it.

people have bigger issues in the world right now, then worry about some modders who cant play online.

Wanna complain how evil microsoft is... then donate you 360 to someone who will thank god for nice people in the world.

Ok rant over.... well almost....

we need some new news!!!!!

Same old tired banned from live news...
or some money hungry lawyer trying to take advantage of the situation.

damn give a game review or something... break the trend.

[msanchez]

I myself see no problem with the live ban, but don't think the same about whatever they are doing to your HDD. As far as ms being more evil than sony or any other company I don't know... they both do their equal share of f*cked up things, so I wouldn't really say one is better than the other.

[spook727]

If you buy a new system and find that something is wrong with it, you should be able to return it within the 30 day period. Also, consoles are tracked by serial number. The warranty activates the day of purchase. They knows b/c the serial number is reported as being sold. If you find your warranty date does not match your purchase, you'll know something is wrong as well. I'm sure if anyone has a legitimate claim to this, there are ways to proving and compensating their claims. I've never met anyone who's experienced this kind of fraud when purchasing from a retailer.

You assume a little too much. XBox sales are not the same as ticket sales where each sale is reported back to Microsoft. Otherwise, there would be no need to have you mail back the warranty card. If you send in a warranty card, your warranty starts from the date of purchase as stated on the card, otherwise, it is determined by manufacturing date which can be looked up via serial number.

In addition, a hacked XBox doesn't look any different from an untouched one unless you look at the Microsoft sticker under the front cover of the XBox. For a person who unknowingly buys a returned system assuming it's new, they have no need to check the sticker (nor would they know to check it).

So 6 months into the ownership of the XBox, the box gets banned by this wave. The consumer has no idea what happened and calls Microsoft. Microsoft tells them that the box was hacked. There is nothing the consumer can do.

Believe me, this has happened. I bought an XBox for my brother and because I knew to check for it, I found that the box I bought already had a damaged Microsoft sticker under the front cover. I took it back and looked through all of their stock (they had four of them). All were opened boxes that were repackaged. Now I didn't check the Microsoft sticker on all the systems but I AM sure that all of them were returned at some point. If I had kept that system, there's a good chance that my bro would be calling me to say that his box got banned. What would my options be then?

[switchg3ar]

You assume a little too much. XBox sales are not the same as ticket sales where each sale is reported back to Microsoft. Otherwise, there would be no need to have you mail back the warranty card. If you send in a warranty card, your warranty starts from the date of purchase as stated on the card, otherwise, it is determined by manufacturing date which can be looked up via serial number.

In addition, a hacked XBox doesn't look any different from an untouched one unless you look at the Microsoft sticker under the front cover of the XBox. For a person who unknowingly buys a returned system assuming it's new, they have no need to check the sticker (nor would they know to check it).

So 6 months into the ownership of the XBox, the box gets banned by this wave. The consumer has no idea what happened and calls Microsoft. Microsoft tells them that the box was hacked. There is nothing the consumer can do.

Believe me, this has happened. I bought an XBox for my brother and because I knew to check for it, I found that the box I bought already had a damaged Microsoft sticker under the front cover. I took it back and looked through all of their stock (they had four of them). All were opened boxes that were repackaged. Now I didn't check the Microsoft sticker on all the systems but I AM sure that all of them were returned at some point. If I had kept that system, there's a good chance that my bro would be calling me to say that his box got banned. What would my options be then?

That sticker is useless, it's easy to take it off and put it back on as if it was never modded. Best to look at the box and see if it doesn't look repackaged, stuff like that and the sticker of course.

[sirxlaughs]

You assume a little too much. XBox sales are not the same as ticket sales where each sale is reported back to Microsoft. Otherwise, there would be no need to have you mail back the warranty card. If you send in a warranty card, your warranty starts from the date of purchase as stated on the card, otherwise, it is determined by manufacturing date which can be looked up via serial number.

I've never filled out a warranty card for a 360. You should find out about that. That's all I have to say.


In addition, a hacked XBox doesn't look any different from an untouched one unless you look at the Microsoft sticker under the front cover of the XBox. For a person who unknowingly buys a returned system assuming it's new, they have no need to check the sticker (nor would they know to check it).

So 6 months into the ownership of the XBox, the box gets banned by this wave. The consumer has no idea what happened and calls Microsoft. Microsoft tells them that the box was hacked. There is nothing the consumer can do.

Tell me again why someone would return a good, working, hacked Xbox 360.


Believe me, this has happened. I bought an XBox for my brother and because I knew to check for it, I found that the box I bought already had a damaged Microsoft sticker under the front cover. I took it back and looked through all of their stock (they had four of them). All were opened boxes that were repackaged. Now I didn't check the Microsoft sticker on all the systems but I AM sure that all of them were returned at some point. If I had kept that system, there's a good chance that my bro would be calling me to say that his box got banned. What would my options be then?

So, you bought an Xbox for your brother than came hacked already? Sounds like a good score for you if you like playing free games. You had the option of reporting the store for selling Open Box/Used goods as new. If you had asked for names and the corporate number, you'd see a few people crap themselves. We as consumers owe it to each to stop bad business practices, no?

[Patango]

thats why 99% of them went out and bought ps3,sales went up 70%.

No, they didn't.



now microsoft have to keep releasing bollocks all the time cos they are embarassed that much.

No, they're not.


talk about cutting your own nose off to spite the face.

The only people who did that were those that modded their 360 ;)

[shadowhound]

well theres always a good and bad to the story mind you its wrong to ban stuff on the 360 which came with it in the first place

[Neptune]

The system connects to live occasionally to verify the game on the HD is legit, without LIVE access that can not be done, so installing to the HD is removed

LOL

Where did you pull this one from?