Rumour: Insider says MS Plans to Ban 1M Console

[nekrosoft13]

Xbox Live Class Action Investigation
An investigation is currently being conducted regarding business practices of Microsoft with respect to its recent cancellation of certain modified Xbox consoles for use with Xbox Live.

As has been reported widely in the media, tens of thousands of Xbox owners have had their modified Xbox consoles banned from Microsoft's online gaming service Xbox Live. Although modification of Xbox consoles is *arguably* against the terms of use for Xbox/Xbox Live, Microsoft "conveniently" timed the Xbox console ban to coincide with the release of the new Call of Duty: Modern Warfare 2 game and less than two months after the release of the very popular Halo 3: ODST game. This "convenient" timing may have resulted in more Xbox Live subscription revenues for Microsoft than it would have generated had these Xbox console bans taken place at some time before the release of Halo 3: ODST and Call of Duty: Modern Warfare 2. Additionally, sales of both Call of Duty: Modern Warfare 2 (published by Activision) and Halo 3: ODST (published by Microsoft Game Studios) would likely have been greatly diminished had the Xbox console ban occurred prior to the release of these games.

Additional *reported* problems resulting from the bans include, but are not necessarily limited to:
* Disabling/altering Xbox functionality *NOT* associated with Xbox Live or piracy (HDD functionality for example);
* Disabling/altering Xbox functionality *NOT* associated with piracy (Netflix, game add-ons, music, and arcade games for example);
* Obtaining information from Xbox consoles without permission of the owner;
* Other problems/consequences associated with these bans have been reported here and elsewhere.

As an aside, PIRACY IS A LEGITIMATE CONCERN for Microsoft and other content producers. HOWEVER, (to use a poor analogy) Microsoft has chosen to use one of the most indiscriminate "weapons" in its arsenal in an effort to combat piracy -- as a result, use of this "weapon" has resulted in a great deal of collateral damage -- many people were affected who had nothing to do with piracy. Furthermore, Xbox console functions that have nothing to do with piracy were also affected or disabled. Details aside, Microsoft's bans could (and should) have been more measured.

If you are an Xbox Live subscriber, had your modified Xbox console banned from Xbox Live, were not refunded a prorated sum for the time left on your subscription or have experienced other problems as a result of being banned, and would like to participate in a class action against Microsoft, please submit your information below.


http://www.abingtonlaw.com/Xbox-Live-class-action.html

[Sean_W]

I knew some people would try and sue Microsoft for this and it seems to fit the pattern that they're not doing this just for piracy sake.

[Sazar]

Originally Posted by Sean_W

I knew some people would try and sue Microsoft for this and it seems to fit the pattern that they're not doing this just for piracy sake.

The EULA should already cover Microsoft's ass.

Did the people hacking their WoW accounts and who got banned as a result win their lawsuit?

[Sean_W]

Originally Posted by Sazar

The EULA should already cover Microsoft's ass.

Did the people hacking their WoW accounts and who got banned as a result win their lawsuit?

All I can say is, Microsoft better have a valid reason for disabling those accounts which where not found to be using pirated games.

As I've said, the EULA can be called into question in a court, just like Psystar are doing with Apple.

[NaitoSan]

You own the device, hence, XBOX 360 but you don't own XBOX Live. So Microsoft has the right to ban you if you break the ToS on XBOX Live illegally. It's just that simple. Some people simple can't read or doesn't bother to do so.

[Sazar]

Originally Posted by Sean_W

All I can say is, Microsoft better have a valid reason for disabling those accounts which where not found to be using pirated games.

As I've said, the EULA can be called into question in a court, just like Psystar are doing with Apple.

Psystar is losing. They just had a verdict returned against them last week or the week before IIRC.

And Microsoft stated, I thought rather clearly, why they disabled the accounts from Live.

TOS and EULA seem to cover their asses quite nicely.

[Toss3]

From the license agreement:

"

16. Service Operation and Equipment.

The Service may only be accessed with an original Xbox, an Xbox 360 console, a personal computer, or other device authorized by us, or by logging into your account via Xbox.com . You agree that you are using only authorized software and hardware to access the Service, that your software and hardware have not been modified in any unauthorized way (e.g., through unauthorized repairs, unauthorized upgrades, or unauthorized downloads), and that we have the right to send data , applications or other content to any software or hardware that you are using to access the Service for the express purpose of detecting an unauthorized modification. Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, further sublicense, distribute, or use for other purposes the Service, any game , application, or other content available or accessible through the Service, or any hardware or software associated with the Service or with an original Xbox or Xbox 360 console is strictly prohibited and may result in cancellation of your account and/or your ability to access the Service, and the pursuit of other legal remedies by Microsoft. Microsoft may take any legal action it deems appropriate against users who violate Microsoft's systems or network security ,this contract or any additional terms incorporated or referenced in this contract, and such users may also incur criminal or civil liability.

Microsoft reserves complete and sole discretion with respect to the operation of the Service. Microsoft may, among other things: (a) restrict or limit access to the Service; (b) retrieve information from the original Xbox, Xbox 360 console, personal computer, and any connected peripheral device used to log onto the Service as necessary to operate and protect the security of the Service, and to enforce this contract; and (c) upgrade, modify, withdraw, suspend, or discontinue any functionality or feature of the Service, any game or other content available or accessible through the Service, or any hardware or software associated with the Service or with an original Xbox or Xbox 360 console, or personal computer, from time to time without notice, which may involve the automatic download of related software directly to your original Xbox, Xbox 360 console, or personal computer, including software that prevents you from accessing the Service, playing pirated games, or using unauthorized hardware peripheral devices.

"

So if you don't agree with their EULA - buy a PC.

[jlippo]

Originally Posted by Toss3

From the license agreement:

""

Yup, seems clear enough.
Pretty much any lawsuit against Microsoft is already lost, unless they can prove that their unmodified Xbox raped users dog.

[crainger]

Originally Posted by Toss3

From the license agreement:

""

So if you don't agree with their EULA - buy a PC.

Fixed. You can do what you damn like with the hardware.

[Toss3]

Originally Posted by crainger

Fixed. You can do what you damn like with the hardware.

Ninja edit..

[Sean_W]

Originally Posted by Sazar

Psystar is losing. They just had a verdict returned against them last week or the week before IIRC.

And Microsoft stated, I thought rather clearly, why they disabled the accounts from Live.

TOS and EULA seem to cover their asses quite nicely.

It's worthless to a degree and is up to the court this see if it's actually legally sound if challenged. There is all sorts of ways you can get around this.

On Psystar. The ruling only covers Leopard and Snow Leopard, so it just shows you, it hasn't been a total loss.

[Shamrock]

That EULA has NOTHING to do with the hardware, only the service XBLive. There are reports of hard drives being banned, and not able to start.

The bannings are banning hardware too. Such as 3rd party hard drives and memory cards.

Class action suit already underway.
http://www.dailytech.com/article.aspx?newsid=16930