430°

Microsoft Didn't Have Legal Grounds To Block Xbox One Media, Says Legal Expert

Gaming Blend "We decided to contact Cinema Blend's legal expert, Brent Randall, about the issue and he confirms that the company didn't really have any definitive legal grounds to block or remove the content as infringing on their property."

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cinemablend.com
-Foxtrot3817d ago

I would of sued them if that's the case

Mikelarry3817d ago

he still in cloud 9 about getting his xbox early, once he comes back to earth you never know he might.

-Foxtrot3817d ago

He may aswell, they don't want anymore bad publicity so I'm guessing they would give him money as soon as possible to please him.

He should ask for as much as he can...I mean even though MS would win the case if he decides to let it go on with all the lawyers they have it would go on for ages and cause negative press towards them and the Xbox One. I mean do they really want that.

JhawkFootball063817d ago (Edited 3817d ago )

All they did was ban them from Xbox Live, as they are still working on stuff for its release. He is still able to use all functionality, just not online. If Microsoft didn't refund the user for the Live time he bought, then we might have something. But from my understanding from what the users who have been banned have been saying, Microsoft is compensating them more than enough.

cl19833817d ago (Edited 3817d ago )

Misleading title since the attorney states "Like a lot of things in law, the answer to whether Microsoft could claim a copyright over what is shown in the video is 'it depends'. It doesn't only depend on the content of the video, but also on whether Microsoft could truly claim copyright over, say, the design of the XBox One. If there are truly original, artistic elements to its design, there is a potential copyright. If there is, then just like posting someone else's song or video on Youtube, such a post including the design could be infringing."

@ Jhawkfootbal and Foxtrot since they only banned him on xbox one live not 360 he doesn't actually have thing to sue about since xbox one live isn't accessible to the public until 11/22/13

Now as far as his youtube video's that's against youtube, and "not surr if he's in the money making side" he wouldn't be able to sue microsoft for monetary gain.

pompombrum3817d ago

I'm fairly certain he left cloud 9 the moment he thought he wasted all that money after they banned his console.

jgrigs093817d ago

@cl1983 Yes you are correct. Depends on the video and everything, there is probably no grounds to sue. Plus if you sue over this, you must be a money hugging bastard. Plus all you would get is a ban lifted and I doubt you would get that much money if any period. Then you would have to pay lawyers fee. Just simply request for your ban to be lifted which basically he did. You will be okay. It's not like he was injured.

Indo3817d ago

If he is in Cloud 9, what Cloud is the XBOne in? CLOUD One?

fenome3817d ago

@JhawkFootball06

Yeah, but you can't play games without the day one patch and you can't get that without going online. It's a catch22. If he can't go online to get the patch he can't play any games..

fenome3817d ago

Don't believe me? Here:
http://www.cinemablend.com/...

You can not like it all you want, but it is the truth. You can't do shit without the day one patch. Originally the console was built around DRM and always online. The patch IS their reversal of those things and you can't do anything without it

+ Show (5) more repliesLast reply 3817d ago
aceitman3817d ago

what would be sweet if sony sent him a ps4 and said go ahead and play it. he should not pay for targets mistake, period. its like taking candy from a baby.

Belking3817d ago

Yea, but we know Sony can't afford to do that. They need every little bit of cash they can get.

fattyuk3817d ago

^ Yes they do, to invest in first party studios for exclusive games.

My wallet is open and ready for them to come and help themselves!

fenome3817d ago (Edited 3817d ago )

@Belking

They're gonna do just fine, especially AFTER the launch of the PS4. They haven't actually sold any yet, so of course their financial situation isn't going to look great right now on paper. On the other hand, if you're going for the whole 'they have to sell buildings to stay afloat' approach, then that's just sad.. Yes, they sold an old wore-out building so that they could invest in a HUGE new HQ right dab in Silicon Valley, prime location for tech-heads:
http://www.playstationlifes...

Plus they gave PS4s to disabled kids at the EBgames Expo who wanted to go hands-on with the console but couldn't because it was upstairs and they were stuck in wheelchairs. Very kind gesture in my opinion.

http://www.gameranx.com/upd...

Edit:
spelling

Blank3817d ago

Yeah but he wasnt expecting the block I think? And worst of all since MS made him sign a NDA he lost an opportunity im sure thats why they made him sign it so they cover themselves legally while keeping XBOX one issues in the shadows before release and proper firmware patch

jgrigs093817d ago

Yea, good luck hiring a lawyer who would actually take this case. Then pay legal fees, and get really NOTHING out of it, you won't get millions. You would waste your time and money. Don't be that guy. That goes straight to law after a $500 console was banned temporarily.

SITH3817d ago

And by the time anything remotely got anywhere near a court room, he would have been ten+ games deep into playing his xbox one with 100% all functionality restored.

stuna13817d ago (Edited 3817d ago )

I was saying this in another article yesterday, getting disagreed to high hell, and lo and behold; The truth is revealed! Proof positive that Microsoft had no legal right to do anything! Now there's the original video back up. Honestly though it wouldn't surprise me if the video has been altered and the TOS been modified to plug any holes this whole debacle has caused.

ajax173817d ago

Would have*
Sorry, grammar nazi.

+ Show (3) more repliesLast reply 3817d ago
maximus19853817d ago

microsoft is soooo ban happy its ridiculous. i see why they wanted always online and all the other stuff because they want to control us in every way possible.

xPhearR3dx3817d ago

I have a feeling there's some missing pieces to the puzzle. The unboxing video, I don't see a problem with. Actually showing the UI and functionality of an unreleased product still in development I personally believe MS would have every right to remove that content from the internet if possible. Mostly because if something fails and it goes viral, it could hurt their business when in fact what was shown, is still an unfinished product (software wise) and will change by release day.

Goku7813817d ago

He seemed positive about getting it. He should have sued after they tried to strong arm him.

jgrigs093817d ago

You people keep saying he should "sue". To sue a company over a temporarily banned console beyond ridiculous. They are being generous taking the ban away when the release day comes around, the videos will be posted back a few days before the console release? They are flying him out too where ever, I can't remember the place. He is getting interviews. He will probably be given other stuff. You aren't going to get millions of dollars out of the law suit.

KrisButtar3817d ago

I knew it. It was just wrong to begin with

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70°

Disney Dreamlight Valley teases part two of paid expansion

Disney Dreamlight Valley devs have officially teased the second part of the paid expansion titled The Spark of Imagination.

70°

Best Stardew Valley Farm Names – 100 Funny, Nerdy, Cute Ideas and More

Starting out a new farm, but need help choosing a name? Check out this article for a 100 farm name ides for Stardew Valley.

190°

Bethesda Needs to Reduce the Gaps Between New Fallout and Elder Scrolls Releases

Waiting a decade for new instalments in franchises as massive as Fallout and Elder Scrolls feels like a waste.

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gamingbolt.com
-Foxtrot12h ago

Microsoft have Obsidian but I feel it's Bethesda who just don't want to play ball as they've always said they want to do it themselves.

Once MS bought Zenimax in 2020 they should have put the Outer Worlds 2 on the back burner, allow Bethesda to finish off its own Space RPG with Starfield (despite totally different tone why have two in your first party portfolio with two developers who's gameplay is a tad similar) and got Obsidian for one of their projects to make a spiritual successor to New Vegas.

When the Elder Scrolls VI is finished Bethesda can then onto the main numbered Fallout 5 themselves.

The Outer Worlds 2 started development in 2019 so putting it on the back burner wouldn't have been the end of the world, they'd have always come back to it once Fallout was done and it would have been nicely spaced out from Starfields release once they had most likely stopped supporting it and all the expansions were released.

If they did this back in 2020 when they bought Zenimax and the game had a good, steady 4 - 5 years development, you might have seen it release in 2025.

We are literally going to be waiting until 2030 at the very earliest for Fallout 5 and all they seem bothered about is pushing Fallout 76.

RaidenBlack10h ago(Edited 10h ago)

Its not just only Todd not playing ball.
Obsidian have made a name for themselves in delivering stellar RPGs, but most famous once have always been sequels/spin-offs to borrowed IPs like KOTOR 2, Neverwinter Nights 2, Fallout: New Vegas, Stick of Truth etc.
Obsidian wants to invest more in their own original IPs like Outer Worlds or Pillars of Eternity with Avowed.
Similar to what Bluepoint & inXile wants to do or Kojima is doing (i.e not involving anymore in Konami's IPs).
So yea, even if New Vegas has the most votes from 3D Fallout fans, Obsidian just wants to do their own thing, like any aspiring dev studio and MS is likely currently respecting that.
But a future Fallout game from Obsidian will surely happen. Founder Feargus Urquhart has already stated an year ago that they're eager to make a new Fallout game with Bethesda, New Vegas 2 or otherwise. Urquhart was the director of the very first 1995's Fallout game after all.
And don't forget Brian Fargo and his studio inXile, as Brian Fargo was the director of Fallout's 1988 predecessor: Wasteland

KyRo7h ago(Edited 7h ago)

Obsidian should take over the FO IP. They're do far better with it than Bethesda who hasn't made a great game for almost 15 years

RaidenBlack1h ago(Edited 1h ago)

@KyRo
So, by 15 years, you mean Fallout 3 was the last great game Bethesda made?
You don't consider Skyrim a good game, which came out 13 years ago?
I'd consider Fallout 4 a pretty decent game as well. It's Story & RPG elements were a bit downgrade from New Vegas but the exploration and shooting on the other hand, were upgrades.
FO76 was disappointing and Starfield could've been better at launch I'll agree.

Duke196h ago(Edited 6h ago)

I disagree. Part of these games is the support for the mod community. If they move to releasing a "next game" every 2 or 3 years, the modding support plummets and the franchises turn into just another run of the mill RPG.

Make the games good enough to withstand the test of time, to keep people coming back to them and expanding on them with mod support.

--Onilink--4h ago(Edited 4h ago)

I dont think anyone is saying they need to come out every 2 years (not to mention almost no game is released that quickly anymore)

By the time Fallout 5 comes out, it will be more than 15 years since Fallout 4 came out (same with ES6 coming out 15 years after Skyrim). Even if you want to use F76 as the metric for the most recent release, that one came out in 2018. It will be a miracle if F5 comes out before 2030

The point is that for a studio that doesnt seem to operate with multiple teams doing several projects at once, that their projects normally take 4-5 years as a minimum, and that now they even added Starfield to the rotation, it becomes a 15+ years waiting period between releases for each series, which doesnt make sense. Imagine that Nintendo only released a mainline Mario or Zelda game every 15 years…

They either need to start developing more than 1 project at a time, let someone else take a crack at one of the IPs or significantly reduce their development times

Duke192h ago(Edited 2h ago)

Why should someone else take a crack at one of the IPs? Look at what happened to Final Fantasy as a recent example - there is pretty clear FF fatigue setting in because they are now pumping out titles in the franchise every few years. Pumping out more games faster doesn't always make a series better.

There are plenty of options to make new games, not just create more titles in the same universe at a faster pace.

-Foxtrot8m ago

"Why should someone else take a crack at one of the IPs"

He's literally just told you why

We're waiting like 15 years before a sequel comes out, it's insane

Skyrim came out in 2011, the next game is expected to come out in 2027 at the earliest so that's 16 years apart while Fallout 4 came out in 2015 and might not release until 2031, again 16 years.

We're fine with Bethesda trying new things and doing new IPs like Starfield but adding a new game to the cycle now means a bigger wait. Also Starfield didn't meet most peoples expectations, can you imagine waiting 15 years or so for a sequel and it's disappointing? It would feel even worse because you would have to wait another 15 years to see if they manage to come back from it.

They need to give it to another developer, we don't need main numbered titles but a spin off of Fallout and Elder Scrolls should be cycled in between the long gaps of the main releases.

Once again you are making out people want these games as quick as possible when all we want is a standard development time of at least 4 years or so rather than waiting 15.

mandf4h ago

Yeah I’m going to say it, who cares about the modding community when making a game? Half the time developers only tolerate modders because they fix there game for them.

Skuletor5h ago

Yeah, let's all advocate for smaller gaps between series' releases, then we'll probably get headlines about how the series have dropped in quality and they could have benefited from more time in the oven. Let them cook.

SimpleSlave4h ago

"how the series have dropped in quality and they could have benefited from more time in the oven" So every Bethesda game then? Got it.

Listen, I would agree if this was about From Software or something, but Bethesda?

🤣

C'mon now. What timeline are you from?

Skuletor2h ago

Think about it, they're already bug filled messes on their current schedule, can you imagine how much worse it would be if they rushed things?

-Foxtrot5m ago

@Skuletor

Who's saying to rush the releases? No one is saying that...

People just don't want to be waiting 15 years for a sequel, they aren't working on the game for that long, you do realise that right? The issue isn't coming down to them working on the game and us "rushing them", it's the fact they are working on other games like Starfield now meaning bigger gaps before they even get started on them.

I bet you any more Elder Scrolls VI only entered full development last year when Starfield was finished despite being announced in 2018.

Duke192h ago

I mean you aren't wrong. People are going to complain about anything

isarai4h ago

Hows about you focus on quality, just a thought 🤷‍♂️

Sciurus_vulgaris3h ago

Bethesda [or Microsoft] would have to reallocate internal and external studios towards fallout and elder scrolls titles. Bethesda has the issue of developing 2 big IPs that are large RPGs on rotation. If you want more Fallout and Elder Scrolls, development will have to be outsourced.

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