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Microsoft is banning consoles over ‘GTA V’ leaks

StickSkills writes, "The internet has been a little crazy over the past 24 hours, as a GTA V leak has been spreading images and videos from the game. While Grand Theft Auto V doesn't release for five days, Microsoft is making sure to ban the consoles of those gamers who are playing a leaked version of the game and spreading content."

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GarrusVakarian3871d ago (Edited 3871d ago )

Serves the dummies right for going online while playing it.

Im not saying they don't have the right to play it but it should seem pretty obvious not to go online while playing a game that doesn't come out until next week. If you are stupid enough to do so then you deserve the ban.

nick3093871d ago

The game isnt even on torrents yet. Banning someone who bought a legit copy is the weirdest thing i heard

Mystogan3871d ago

These are probably not legit copies. Microsoft can tell the difference. As they did with Halo 4.

Blacktric3871d ago (Edited 3871d ago )

"These are probably not legit copies."

A guy already got banned for playing the game early. And he had a legit copy. The truth is, Microsoft doesn't care. Just like they did with other early release bans.

http://vinebox.co/u/wiTSAJp...

Hatsune-Miku3871d ago (Edited 3871d ago )

Microsoft is banning consoles to garner more xbox 360 sales like always

Why would the company ban anyone when they havent a clue how someone aquired the game.

I just checked my PS4 order and its still good. Ps4 day one . I just did a peggle 2 jump in my mind

YNWA963871d ago

Hatsune, I am sure you knew in your mind what you wanted to say... I think...

Hydrolex3871d ago (Edited 3871d ago )

They can still track you with the achievements !

but yea, they can't ban if you have a legit copy... It's not your fault

The_Con-Sept3871d ago

If you are able to get your hands on a legit copy early then you should not be banned. If people are truly obtaining legit copies of a game early and Microsoft is truly baking people for the sake of playing it before its street date then shame on them. However if it is a hacked version...... Repossess their PC along with it. Stupid pc elitist torrenters.

Vaud-Villian3871d ago

If they banned early use of retail discs I would know 2 reviewer friends who would have banned consoles right now. There has to be a red flag beyond simply early retail disc use.

Dee_913871d ago

What the hell.If I managed to get a legit copy early and my console got banned I would be beyond pissed.

XB1_PS43871d ago

I ordered mine online, and it said it's guaranteed delivered by the 17th. If I get it early I'm playing it. Why the hell would I stare at a game that I bought, when I can play it. Uploading videos about it is a different story.

Withdreday3871d ago

If you get it early, just sign off while playing until the 17th, or just buy it on the PS3 instead.

Your choice.

spektical3871d ago

agreed. Banning users who bought the game should not be banned. Very counter intuitive. The culprit are your stores. Go after them.

Ps4Console3871d ago

There are Pirate gaming sites all over who have there Xbox's Jtagged & the game these idiots spoil the whole industry for us all .

SDIII3870d ago

Actually it is now on torrents for 360...

Ritsujun3870d ago

LOOOOOL @ Microsofie, Xbosh, and Xbosh360.

mark134uk3870d ago

it is on most torrent sites now i know ppl that have dll it and playing it on 360

Linwelin3870d ago

uh yes it is, the 360 version is at least, and people complain about PC.

RyanBurnsRed3867d ago

"The Rockstar policy on posting copyrighted material from its games is very clear:

Pre-Release Footage: No pre-release leaked footage of any kind: Any posting of in-game footage from leaked copies of the game prior to its official release date will be taken down, regardless of how the game was obtained. This includes “early unboxing” videos."

http://www.thesixthaxis.com...

Also: http://i.imgur.com/8wv276i....

+ Show (14) more repliesLast reply 3867d ago
abzdine3871d ago

MS are stupid. the guys got the game before time it's not like they stole it.

christocolus3871d ago (Edited 3871d ago )

how old are you?it clearly states leaked version...even rockstar isnt happy with the leak.pirated copies are been replicated as we speak..that game costs so much to develop and rockstar cant loose income to pirates if they are to break even. piracy is killing the industry.studios are closing up.games cost more to make and yet gamers keep expecting more from next gen but yet do not want costs to rise...dude grow up..this was one of the reasons ms wanted drm but gamers refused now they are banning the guys from playing pirated copies and you say ms is stupid....sorry dude but it definitly aint ms who is stupid here. developers actually like the fact that ms has such strict policies against leaked and pirated copies it is actually in thier favor and that of the industry...

limewax3871d ago (Edited 3871d ago )

@christocolus

So where does it say pirated? Oh wait it doesn't since there isn't a single torrent out there for the damn game yet. These are leaked LEGIT copies which a number of people managed to get their hands on in the past 24 hours.

If you wanna use that as some sort of excuse for giving up ownership of things you pay for I suggest you reassess your priorities

Blacktric3871d ago (Edited 3871d ago )

"how old are you"

I could ask you the same thing since you seem too fond of jumping the gun to insult someone.

http://vinebox.co/u/wiTSAJp...

Legit copy. Banned.

Next time, get your facts straight before you decide to go on an ego trip.

christocolus3871d ago

@limewax

this has nothing to do with priorities..the article clearly states that rockstar has a policy against what these guys did and ms acted on that ..this hapened with halo on 360 too.it was leaked before release...the game wasnt even on torrentz yet but illegal copies were made and being sold openly in some territories...i dont blame ms or rockstar for pushing this sort of policy..the devs need to be protected too.ms usually runs authentification programmes through their network. if these guys have a genuine case then they can take it up with ms and rockstar besides this action will help deter others...

@blacktrik

but its ok to bash ms and call them stupid right? you guys amaze me..rockstar has a policy against what those guys did.your link even dtates it...violated terms of use...rockstar are actually not the only devs who have such policies..google it up before attacking ..banning their consoles imo was actually the easier way out for them.ms did them a favor.
..

PunisherRevenge3871d ago (Edited 3871d ago )

@abzdine....No Microsoft is not stupid. It says it in R* policies that they have zero tolerance for leaked content for their games no matter how you got the copy, whether its legit or downloaded from a torrent site. Microsoft is just working with R* to uphold their policies on Xbox live and i'm sure Sony would do the same. Geezz read the article.

Ben Dover3870d ago

Haha Christocolus, you just got served hardcore. Pretty clueless aren't we?

+ Show (3) more repliesLast reply 3870d ago
PoSTedUP3871d ago

that sucks. sounds more like a personal problem.
its ok they are going to buy a ps4 anyway im sure most of the community are sick of this bs.
if i bought a legit copy and wanted to post gameplay... this isnt a free country after? hell i would be in an outrage.

GarrusVakarian3871d ago

The issue isn't posting the gameplay, the issue is being dumb enough to get caught by going online or revealing your gamertag.

PoSTedUP3871d ago (Edited 3871d ago )

it says playing a leaked verson of the game And spreading content. if they got the copys legit, this is unfair to the gamer and gaming community.

edit: hmm maybe the copies arent legit, then yes, they are very dumb.

Sarick3870d ago (Edited 3870d ago )

Please read this entire comment before making any rash judgments. I speak from a logical standpoint unrelated to brand bias.

"If i bought a legit copy and wanted to post gameplay... this isnt a free country after? hell i would be in an outrage."

Just because you buy a game doesn't mean it's legitimate. If the company who sold it violates the advertised release date your copy isn't legal until AFTER that date. Also, there are rules and laws even in a free country. Free isn't defined as we can run around doing anything we think is acceptable.

Think of it like this with a property closing date being the same as the games release date. Lets say you had home mortgage loan approved with a closing date of Sept. 27th. Some might assume that because the house is empty it'd be okay to move in on Sept 2nd. NO, It's not legal they don't have legal rights to that home until on or after the closing date! You can actually be arrested for trespassing breaking and entering etc. if reported or caught.

Example:
http://www.hadlocklaw.com/t...

This is just like the games that are leaked. The product was illegally released to the public. Even games that may seem legal because they are bought online or from a local store doesn't matter. They aren't really legitimate until after the approved release date. They call them LEAKS for a reason.

The fact is companies and persons who SOLD the product or allowed game access should also be held responsible for the illegal sale/release. If it's an employee who stole an early copy at a game stone he/she should get ban if caught.

In all honesty companies could ban the consoles *until* the customer calls them up giving them proof of the company who sold/leaked them the illegal product. This way if it's truly authorized the ban can be lifted and the real party at fault is punished accordingly.

This is just my opinion, I'm not defending Microsoft or promoting Sony. Again, I speak from a logical standpoint unrelated to brand bias.

Shadonic3871d ago

I got SSX early from target and played it online early >.>

Imalwaysright3871d ago (Edited 3871d ago )

I got TLoU and TR 3 or 4 days early and I never felt I was doing something wrong because I bought them legitemally. If someone doesn't steal the game I don't see why he/she shouldn't be able to play it and I sure as hell don't see why that person should be punished.

jmc88883871d ago

@lmalwaysright

It's because there are morons in this world who think that they should have the right to dictate asinine rules to you and punish you if you don't abide by pointless rules.

Microsoft is certainly one of those entities. Many people and corporations take similar approaches, and it is usually in this context when great wrongs are committed.

Microsoft is banning people like fascist HOA's make people take down DirecTV dishes because some old person complains an 18 inch dish on the top of a neighbor's roof is an eyesore.

Anyone that thinks we live in the land of the free is a person that makes Mr. Magoo and Forrest Gump look like luminaries.

wiz71913870d ago

Stop blaming Microsoft for R* policy , maybe R* didnt send out early copies and if they did it was only to reviewers. If your dumb enough to pirate a game and get caught that's your own fault.

Soldierone3871d ago

If they bought it legit, there is no reason they can't go online. The people being punished should be the stores that jumped the gun.....

Whitefire3871d ago

The person should know when the game is being released, and bought it knowingly early. Which Microsoft found out and banned them, nothing wrong.

Soldierone3871d ago

@Above, no not everyone that buys games are people going on game websites like us. They see it early, they gobble it up. They don't knowingly do anything wrong.....

playboi283871d ago

Whitefire,

Are you saying that everytime I go into a store to buy a game, I have to check release date info and double check before I actually PAY for a game? What if it's someone's parents? Are they required to be informed when they go into Gamestop/Bestbuy/Walmart and ask to purchase a game that is readily available to purchase? I completely agree with Soldierone. The standard has always been to fine the retailer that sold the game early, not punish the consumer.

Ritsujun3870d ago (Edited 3870d ago )

Whitefire can't stop licking Microsofie's AH.

+ Show (1) more replyLast reply 3870d ago
joe903871d ago

Wouldn't make a difference, soon as he got 1 acheivment it would be dated and stamped when he unlocked it and when logging back online it would show it was unlocked a week early anyway.

lose lose situation.

GarrusVakarian3871d ago (Edited 3871d ago )

I have achievements that don't have any dates next to them from when my Xbox live ran out. How would it be dated and stamped if it cant relay the information?

esemce3871d ago

If your 360 is unplugged from the power the time/date resets. So playing offline is fine. You would have to stay offline until release day though.

This whole thing with MS banned people for playing LEGIT RETAIL but early copies of games is a disgrace.

As if any gamer that gets a game early would or should have to wait for the official release date, it's immoral for Microsoft to do this especially as of now there is NO PIRATED VERSION online.

Damn MS I'm getting closer and closer to cancelling my Xb One pre order, do I want to support a company that treats their loyal customer like this ? Not really.

ALARM-clock3871d ago

Some countries sell their stock as soon as it arrives, especially in the middle east. Most of the leaks are probably from people who bought the game legitimately. It's a bit harsh to ban someone over posting gameplay, especially considering they lose all their digital purchases, all their contacts, all online functionality including Netflix, etc. You get banned, your console is a brick.

InMyOpinion3871d ago

"Some countries sell their stock as soon as it arrives, especially in the middle east."

Then ban them until they learn to follow rules.

Cueil3871d ago

lets not pretend that this is new... especially if you go around posting shit about the game and it's not hard to dress a game up

1OddWorld3871d ago

Rockstar invests in you the gamer and this is how you treat them. Uploading footage trying to spoil the game for those who are waiting patiently.

Brick their consoles Microsoft I hope that PS3 would do the same.

jmc88883871d ago (Edited 3871d ago )

At some point human beings have to realize that going against made up standards with no validity other then someone choosing it to be so, is no reason to be punished.

There is no law that getting a copy of a game early and popping it into a console is against the law. There is no reason why someone who did so should have their console banned. Microsoft showing you who is the overlord.

Now is he stupid given the current setup, sure is!

Does he deserve it? Nope.

People please get your lips off of corporate butts.

People that approve of this are sad, sad individuals. Sadly they too are screwed over one way or another by the same thing in other areas, and probably are hypocrites when it happens to them.

When people with such viewpoints are put into power (corporate, local, national, etc), that's where abuse comes from.

stuna13871d ago

I had to give you a bubble for that, well put! Look at it from this standpoint, when a new model of car rolls off the assembly line, yet it's the next year model, does the person purchasing it have to wait until the following year to drive it!?

insomnium23870d ago

If someone posts gameplay videos of a game that has yet to launch I can see some reason for punishment. Why the hell would he make gameplay videos before launch? Stupid? Or out for fame and money? Either way R* sees it as a threat to sales so you should keep the game to yourself before it launches. Profiting (youtube hits for example) off of it like that is asking for a punishment.

However if MS is banning people for simply playing the game early that is BS.

NarooN3870d ago (Edited 3870d ago )

+Well said bubble.

I can understand if Rockstar are angry for early gameplay videos, because it spoils the game for people who can not yet acquire the game. This could potentially negatively impact software sales as a result. But even if Rockstar doesn't like that, I'm pretty sure it doesn't say anywhere in the MS ToS that you can't post early gameplay videos anywhere, to where if you do, you get your system banned from XB Live.

However, if Microsoft is banning people just for playing the game early, then to hell with them. That's the most baseless and arbitrary "punishment" I have seen in a long time in this industry. There's no excuse for it. I already haven't liked Microsoft for a very long time due to various policies and business practices that I didn't approve of (most of which have nothing to do with the Xbox), but this is them crossing the line yet again.

People just can't sit down and accept this, if this is really the case.

Sarick3870d ago

More or less it falls under the contract laws that the third party distributor agrees to. If a retailer sells a product before it's launch date that copy isn't considered legitimate until after it's official release date.

IMHO: the company/persons who gave access or sold the product should be at fault first. If a console is banned then the owner of said console should retain some rights. These should include the right to defend themselves of wrongdoing.

http://answers.yahoo.com/qu...

Sarick3870d ago (Edited 3870d ago )

@stuna1 and anyone who disagrees.

"look at it from this standpoint, when a new model of car rolls off the assembly line, yet it's the next year model, does the person purchasing it have to wait until the following year to drive it!?"

That all depends on if the manufacture had a **CONTRACT** that limited the resale of the product prior to it's purchase. If a dealership sells it then they've breached contract. No the police won't arrest you for this but you must consider cars and games aren't the same product.

Unlike cars the manufacture knows the release date and can take action against both the buyer and seller if caught.

The online service provider runs a privately owned service. They can and will flex their rights to control who or what devices have access to their service.

This is especially true if the user of said service allows one or more players a competitive advantage because they used products or services not officially authorized to run on them.

Are you telling me that if someone sells you restricted product that's okay legally to use it?

Well, I think I'm going to go buy some illegal drugs. If I pay for them it's my right to use them. Surely the authorities will respect that I bought them with my money. /s

You can't honesty look at it from a selfish perspective. The company who sold it did so in a dubious fashion. They put you at risk of the ban. When these people knowingly played it they did so with/without thinking about the consequences.

If you knowingly bought an illegitimate product before the official release you should be reasonable. As an intellectual person with a respect/understanding of laws you should expect some form of consequences if caught. Any less of an attitude should be socially and morally unacceptable.

Yes it's just a game but there are laws and distribution rules. These should be respected. If you're caught playing these games early either you've been authorized or they aren't legitimate. The manufacture is assuming the most obvious if they haven't been approved on their services.

Lastly, online subscription services are private services not public. They have the legal rights to give/deny what hardware has access to them.

+ Show (2) more repliesLast reply 3870d ago
ALLWRONG3871d ago

Bottom line is MS is going after people playing the game illegally. If (censored) had done this first the comments above would be saying how great (censored) is by protecting gamers. This is N4G though, so anything MS does is bad, until next week when (censored) starts doing it.

This site is hypocrite HQ for the hypocrite army.

DragonKnight3871d ago

How is playing a game you paid for illegal just because the store gave it to you early? Answer: It isn't. MS bricking your console for no reason IS illegal however. Your lame subtle bash at Sony is lame. If Sony did this, I guarantee you the backlash would be worse on them.

Bottom Line: The game was bought and paid for. A banning is uncalled for, immoral, AND ILLEGAL! It is against the law to remove the ability to use a legally obtained item without just cause and playing it early is not just cause. The day you stop being a Microsoft fanboy, you'll be much better off.

playboi283871d ago

Yes, you are allwrong. The illegal act was the SELLING of the game, not the PURCHASE (unless it was stolen). And to say that Sony wouldn't suffer backlash is ridiculous. Sony removed a feature from their console that almost noone used and they were hacked to hell for it. Their entire network was down over a month. They had to give tons of stuff away just to save face. As for protecting gamers, this is the company that gave away credit monitoring in case of identity theft after the fact. Microsoft still hasn't even admitted to being hacked when I know several people that have had thousands of XBL points charged to their accounts.

DragonKnight3871d ago

playboi28: Did you know that MS built in a security back door for the NSA in every version of Windows since Windows 95?

This is an article from 1999 that discusses that it was even in place back then.

http://www.heise.de/tp/arti...

And now there are rumours that it still happens with Windows 8.

So people like to accuse Sony of not allegedly protecting their personal information (which amounts to public knowledge since said information was only things like addresses, but also passwords which is admittedly bad), but MS willingly gave it away. For YEARS!

warczar3871d ago

@ALLWRONG

I'm definitely a sony first guy but if sony started banning people for playing games that they purchased legally, my PS3 would become a bookend just like my poorly built POS 360 that hasn't seen the light of day since Judgment came out.

Now of coarse if these are pirated copies then yes these people should be banned but I can't see how someone could pirate a copy before the games is even released.

Death3870d ago

If someone bought a retail copy from a retailer that broke the street date, how is that legal? Retailers have a legal agreement with distributors that prohibts them from doing this. The retailer can be held accountable for this and the employee should be fired.

ALLWRONG is not bashing Sony with his comment, he is pointing out the hypocricy of some users that bash Microsoft every chance they get.

As for the entire rant on Windows and the NSA, what does that have to do with GTA and 360 bans that this article covers? I don't think you need to troll every single Xbox article you see with off-topic comments like this. Write a letter to Microsoft or switch to an Apple or Linux OS if you are unhappy.

Breaking the Live Terms of Use and getting your account suspended is not bricking the console. It's having your online access revoked because you broke the agreement you made.

Sony has the same policies in place. https://support.us.playstat...

DragonKnight3870d ago

@Death: I've already addressed you once on this issue, and I will not address you in every comment you're choosing to follow me to. You should know that people who follow me around and harass me never do so for long. 2 members who've done so are gone, their accounts closed. If you want to be the 3rd, then go ahead and continue following me around.

Death3870d ago

It's a small pond we are swimming in DK. If you honestly think I am following you and harrassing you, by all means do what you need to do. I stand by my post history and welcome any review. Your constant threats and demands are getting kind of old to be honest. I'm not sure you understand the point of a forum such as this. It is designed to promote healthy debate and conversation. Maybe get an advertiser click here and there too.

Back on topic, I have multiple NDA's on file throughout the years and have inside knowledge of how embargo's work. Your statement that Microsoft's enforcement of the embargo or possibly illegal copies as being illegal is incorrect.

playboi283870d ago

@Death,

How can ALLWRONG not be bashing Sony (or (censored)) when the point everyone is making is that it wasn't illegal for them to play it? It was illegal for the retailer to sell it. And who exactly are the hypocrites here? I see so many gamers on both consoles defending their favorite consoles like they own the companies. When did video games become politics? Everything Microsoft does isn't bad, they just do much more bad than Sony, therefore they get called out on it. If Sony does bad, they get called out as well (i.e. being hacked, removing other OS, suing GeoHot, etc). Noone playing GTA V had to sign a NDA, and nowhere in the XBL TOS does it state you can't play a game before it's release date. It has zero tolerance against piracy, not purchases.

+ Show (5) more repliesLast reply 3870d ago
Christopher3871d ago (Edited 3871d ago )

Doesn't matter if they go online or not, Microsoft can see the time stamp for the game data on the HDD and ban based on that.

Regardless, Microsoft should not be banning people who have legit copies of the game. It's not against the law to play a game you own, nor is it against the law to record and upload video of the game. Take it up with the retailers who sold the game, not the players.

insomnium23870d ago

Buying and playing the game early is one thing but posting videos about an unlaunched game is just uncool. The guy was greedy for youtube hits? I can see how a punishment is due if you actually make videos and upload them online before launch.

Christopher3870d ago

***Buying and playing the game early is one thing but posting videos about an unlaunched game is just uncool.***

And not illegal or against the Microsoft ToS...

Whether it's cool or not, is subjective.

Your perception of this has no bearing on this. The law supports the user.

sAVAge_bEaST3870d ago

Yea, I don't see how Microsoft can ban a console, for playing a purchased game,. So what that someone got it from a mom & pop shop, or maybe sneaked from a retailer they work for. This is not cheating or modding the console in any way, if any thing, it's free publicity for Rock Star. Pretty harsh and unfair, all in all, to get a console ban over it.

BoriboyShoGUN3871d ago

People act like a mofo at Gamestop, Walmart, cant open a box early and snatch a couple games. But honestly if your using a game that you know hasnt been released yet youre begging for it. I wouldnt risk it personally.

playboi283871d ago

Who's to say they know it's not released? And honestly, why the f--- not?

aceitman3871d ago (Edited 3871d ago )

with xbox one around the corner I don't think its a good Idea for ms to ban people who have legit copys,( give some consideration they bought the game on ur console) they should find what store sold it and punish them . (if they were pirated ok fine , but there not. )

UnholyLight3871d ago

They specifically tell people not to play before the release date. Legit or not, R* wanted to prevent leaks of the game (as does Microsoft when it comes to any game at all).

Doesn't bother me in the slightest, it's the way it should be honestly. You can't trust people, even if you tell them not to (and it is a strict rule of Xbox Live).

Goes for anything really, look at the Developer Bungie...They told people not to do certain things like constantly betraying people or posting hacked content on their fileshare and they warn of banning those people from playing online but nope.. people just don't listen.

r1sh123871d ago

The only thing is - Microsoft are not banning anyone.
A friend who works in Game (UK) has a copy and has unlocked achievements for the past 3 days.
He keeps sending me whatsapps of gameplay.

Some people might get banned but most wont, and there is no T&C regarding playing games before release.
If any of the banned people are smart they could take it to court.

Ill see if my friend gets banned, but he does this with most games.

DARK WITNESS3870d ago

From my understanding the real problem is not getting and playing a copy early, the problem is taking videos of in game content and spreading it.

this has happened plenty of times before and MS has to my knowledge always said that if you got a copy of a game early from a legit source, they wont ban you over it. if you got a pirate copy or something like that then it's a different matter.

I think they are doing this based off R* policy which again clearly says they take issue with videoing and posting vidoes online, not so much just playing the game early.

Oh_Yeah3870d ago

So? Next gen is a couple months away.

+ Show (13) more repliesLast reply 3867d ago
NYC_Gamer3871d ago

MS shouldn't ban gamers who bought legit copies but that already happens on xbl

stickskills3871d ago

It seems they're banning people for posting the footage online, instead of just banning for buying a legitimate copy.

BattleTorn3871d ago (Edited 3871d ago )

Exactly. There are hundreds if not thousands of people already playing a copy of GTA V.

And Microsoft has no ability to tell who has permission to be play. (cause many likely do have permission)

It's the people posting footage online that are getting banned.

I've played games before release - such as BF3. I was playing online with people. As long as your not abusing the early acces, like upload footage, the companies assume you have legit review copies.

DragonKnight3871d ago

They don't have the right to ban people for posting footage online. First of all GTAV isn't an MS exclusive first party game, so they don't own it nor do they own any rights to it. Secondly, as cgoodno said above, there's no law against recording and uploading gameplay footage and if there is a violation of a ToU, then it's up to Take Two to enforce, not Microsoft.

In summation, nothing that Microsoft has done is legal, or ethical, or in any way shape or form correct.

ceed9113871d ago

The idiots on here don't care why they are banning people even if it is a legitimate reason. They just needed another reason to masturbate to Microsoft bashing.

Also your bullshit headlines to garner more clicks and cause this is making this site even worse.

N4G might as well be Digg.

ceed9113870d ago

@Battletorn @DragonKnight

1. People who legitimately own a copy are under embargo. If they fail to abide by it they deserve what they get, especially if it is press.

2. People who are posting footage online are not being attacked by Microsoft as much as Microsoft is helping Rockstar and TakeTwo to protect their games. Which is something developers really appreciate.

DragonKnight3870d ago

"1. People who legitimately own a copy are under embargo. If they fail to abide by it they deserve what they get, especially if it is press."

Unless they sign an NDA, no they are not under embargo. You aren't automatically under an embargo just because the publisher wants the game released on a specific day. They have no legal authority to do that as that's something that has to have consent and there is no Agree/Disagree option when you turn on the game.

"2. People who are posting footage online are not being attacked by Microsoft as much as Microsoft is helping Rockstar and TakeTwo to protect their games. Which is something developers really appreciate."

Not Microsoft's place. What Microsoft are doing is illegal and it's not even for their own product.

Death3870d ago

People that have an early copy legitamately are absolutley under an NDA. You need only have one NDA signed and on file that would cover this. If you have an early copy and no NDA, then you should not have an early copy. This is where the problem is.

It is absolutely the responsibility of Microsoft and Sony to help third parties enforce the street date of games. The street date is determined by the publisher. The publisher grants rights to media and advertisers for pre-release information so they can get reviews ready for launch.

What Microsoft is doing is part of their legal agreement with the publishers. Users that are accessing the game are breaking the Terms of Use with Microsoft in this case and with Take Two.

DragonKnight3870d ago (Edited 3870d ago )

"People that have an early copy legitamately are absolutley under an NDA. You need only have one NDA signed and on file that would cover this. If you have an early copy and no NDA, then you should not have an early copy. This is where the problem is."

You have to be joking. First of all, an average consumer will not have ever signed an NDA nor will ever have to under normal circumstances, so that doesn't apply. Second of all, no you are not under an NDA because you signed one in the Past. Every NDA has to be tailored to the situation or product. The only way that works is if an NDA is created with the stipulation of, as an example, "We agree to send you early copies of all our games so long as you agree not to talk about them publicly until we say you can." That's a blanket NDA that likely exists, but again it has to be specific.

"It is absolutely the responsibility of Microsoft and Sony to help third parties enforce the street date of games. The street date is determined by the publisher. The publisher grants rights to media and advertisers for pre-release information so they can get reviews ready for launch."

Unless and agreement was made between said third party publishers and MS or Sony, then no it is not their responsibility to enforce street dates. And besides, this is a case of bricking a console, not locking out access to one game. MS banned people from being able to use the entirety of their console for a game they have no ownership of and no rights or obligations to. It's up to Take Two to take responsibility for this, not Microsoft. Case in point, FromSoftware punished gamers who played Dark Souls early by placing level 711 Black Phantoms at maximum stats and unlimited spell use in every stage. That's an example of how publishers can punish broken street dates. What Microsoft did was illegal.

"What Microsoft is doing is part of their legal agreement with the publishers. Users that are accessing the game are breaking the Terms of Use with Microsoft in this case and with Take Two."

A legal agreement that you assume exists with no proof (which you can't obtain admittedly) of becomes void when a company is doing something illegal. A consumer has the right to use a legitimately purchased product when they purchase it. In this case, there are 2 wrongs being made. Not only is it not the fault of the gamer who obtained a legitimate copy before the street date for playing his game, he is protected by law in the use of that game and the use of his Xbox 360. Said user never signed an NDA, said user never agreed to not play the game early, there is no clause in the Xbox 360 Terms of Use that you cannot play a legitimately purchased game early because that would be illegal.

Microsoft prevented the legitimate use of GTAV and the Xbox 360 console when they have no legal right to do so. The consumer paid money for the product, in full, and under law the consumer has the right to use that product to its fullest extent unless that user agreed not to under certain conditions.

The user has the right to file a lawsuit against Microsoft for this, frivolous as it may be.

Death3870d ago

Once again, there are no "legit" copies on the street. Early versions get sent out with a letter from legal explaining the embargo's, street dates etc. You must have an NDA on file to receive the game. If someone is breaking the street date with an NDA, it is a civil matter between them and the holder of the NDA.

If a retailer is selling early, that retailer is held accountable since they also carry an agreement with the distributors to not release early. The retailer runs the risk of losing distributors and can possibly be fined for breaking the street date.

If you are a regular customer that obtained the game from a retailer early and had your console banned or suspended, you then have the right to take the retailer to court for selling you the game before the authorized street date. This is not the fault of Microsoft since they didn't authorize it.

This all takes into account customers purchasing the game at a retailer. The other side of the issue which is much more common is piracy. The bulk of "early" released games being played are illegal copies. Microsoft has been permanently banning modded consoles for years. The biggest way to find these consoles is when they play a game that isn't released.

As for Microsoft not having the "right" to ban consoles on a third parties behalf, obviously you are incorrect since it is happening. The platform holder hold all rights for what is released and when on their platform. Third parties actually pay to have their software released on the platform.

DragonKnight3870d ago

"Once again, there are no "legit" copies on the street."

Yes there are. This whole situation is discussing a purchased version of the game. That's a legit copy. When money exchanges hands, that's a legitimate sale. The consumer is not bound by the regulations of the retailer and any agreement said retailer has with the publisher.

"If you are a regular customer that obtained the game from a retailer early and had your console banned or suspended, you then have the right to take the retailer to court for selling you the game before the authorized street date. This is not the fault of Microsoft since they didn't authorize it."

Wrong. The retailer is simply a middle man that holds no responsibility of if the product functions or not. The consumer has no obligation to honour an agreement between the retailer and the third party publisher. Microsoft is to be held accountable because they have denied access to a legally obtained product on the grounds of a violation that wasn't committed by the user, but by the retailer instead. The punishment is to be handed out to the retailer. The consumer legally has the right to sue Microsoft for forbidding the legitimate use of a bought product, especially since Microsoft have no ownership rights to that product.

"As for Microsoft not having the "right" to ban consoles on a third parties behalf, obviously you are incorrect since it is happening."

Specious reasoning. Just because a thing happens doesn't mean that the right to make it happen exists. Microsoft do not have the right to do this. The game was legally bought. The user isn't bound by a third party NDA that they have no knowledge of or agreed to in writing. Denying access on that basis is illegal. This isn't a free review copy we're talking about, this is a purchased game. Microsoft's punishment is unwarranted and illegal.

"The platform holder hold all rights for what is released and when on their platform."

The only rights they have is the allowance of the title to appear on the platform. They hold no rights to the IP itself, they hold no right to bar access to the product if it was legitimately purchased because they do not own the product. The publisher decides the release date, not Microsoft unless it is a first party game.

"Third parties actually pay to have their software released on the platform."

Irrelevant to this situation.

Summary: A legally purchased copy of GTAV was sold before the release date. The game was played online, footage was recorded and uploaded to Youtube. The proper and legal course of action would be for Take Two to take action against the retailer, and then make a copyright claim on the Youtube videos. Microsoft, holding no ownership rights to GTAV and having no Terms of Use violation specific to the Xbox console to cite, had no legal right to ban the user from utilizing any aspect of his Xbox console.

The user has a right to sue Microsoft for unlawfully banning him because the user can't be held accountable for an embargo he did not agree to, nor can he be held accountable for a violation that doesn't exist in the Terms of Use for the Xbox 360. If there is a violation of Take Two's Terms of Use, which again there isn't for the user, that's up to Take Two to enforce by firstly making the agreement to the ToS and subsequent violation of said known to all involved parties, and then taking the appropriate action based on that violation. Microsoft illegally banned a user.

Death3870d ago

It is only illegal if it is against the law.

Microsoft makes it clear in their Terms of Use that they can suspend or ban your account. So does Sony and I would think Nintendo. Playing unauthorized content is against the Terms of Use. If a retailer breaks the release date, they are accountable for it. In this case if it were a genuine mistake, the customer needs to contact the retailer and make a complaint. The retailer should replace the console and take action against the employee that sold the software.

Microsoft is not the party that is wrong in this matter. It would be the retailer and the customer. Ultimately the retailer is left holding the bag. As far as your definition of a legit copy, if this were the case the account would not be banned. It's ok that you feel otherwise, but that does not make it factual.

DragonKnight3870d ago

"It is only illegal if it is against the law."

Which it is. Part of consumer law is the that the consumer has the right to use a legally obtained and paid for product. GTAV was legally obtained, Microsoft banned the user, the user can now not only not play a game he paid for, but also can't do other stuff on his Xbox 360 which has nothing to do with the game. I.L.L.E.G.A.L.

"Microsoft makes it clear in their Terms of Use that they can suspend or ban your account."

Yes, but they can only do so under the agreed upon terms, and those terms are specific to the console or Microsoft owned products. They cannot ban a user for a violation that they didn't specify in the ToS and a violation that says something along the lines of "we reserve the right to ban you for violating agreements we make with 3rd party publishers" is not allowed as it is vague and the user never agreed to that agreement. It's akin to contract law. In contract law, if a stipulation is written that is vague, the law supports the signer, not the drafter.

"Playing unauthorized content is against the Terms of Use."

It wasn't unauthorized content. It was a legitimately bought game. The part that is unauthorized is the SELLING of the game early, not the PLAYING of the game. Go ahead and look in the ToS for a clause that even implies playing a game early is a violation. You won't find it. Plus, contracts have to be explicit, not implicit.

"If a retailer breaks the release date, they are accountable for it. In this case if it were a genuine mistake, the customer needs to contact the retailer and make a complaint. The retailer should replace the console and take action against the employee that sold the software."

You were doing so well and then veered right off into a wall of wrong. The retailer is only responsible for the action of selling the product, not the function of it. The retailer holds no obligation to replace the console, especially if the console wasn't purchased at the same store the game was. The retailer didn't block use of the product, Microsoft did. The retailer had no obligation to inform the user of an agreement it had with Take Two, nor did the user have an obligation to honour an agreement it was never part of. The violation is the retailer's alone and so should be the punishment. Microsoft is at fault for the unwarranted and unlawful banning.

"Microsoft is not the party that is wrong in this matter. It would be the retailer and the customer."

Firstly, yes they are. Secondly, in what world is the consumer wrong for buying and then using a product? Certainly not the real or legal world.

"As far as your definition of a legit copy, if this were the case the account would not be banned. It's ok that you feel otherwise, but that does not make it factual."

Too bad that it is the case, and has been the case before. Microsoft do not care if the game was legally bought. They only care that it was played early. In fact even the article itself mentions that the violation is in Rockstar's Terms of Use, not Microsoft's, and is about uploading footage pre-release. Someone in this comment section posted proof that it was a bought copy and the article mentions the ban happened due to the gamertag being visible in the video. Now that user has to buy a new Xbox 360 to game online because of a violation of Rockstar's ToS that has nothing to do with MS' ToS, and Rockstar themselves stated that the only action that would be taken is a removal of the videos. So again, you can try to deny all the evidence because Microsoft and Xbox are your god, but facts are against you and Microsoft did something illegal.

+ Show (8) more repliesLast reply 3870d ago
negative3871d ago

Well yes if they are legit copies I guess it's not their fault for someone selling it to them.

Then again, if you know it's a problem don't go online with the game until release day.

nick3093871d ago

Game isnt on torrents. Look it up

ceed9113870d ago

It's not that they went online. It's that they are streaming and posting stuff from the game. If you own a copy right now like I do, and don't be stupid, you won't get a ban.

It's the people that are leaking footage and stuff for no reason except for a few minutes of people paying attention to them on the internet that are losing accounts, which is great.

3871d ago
Mystogan3871d ago

That's the thing. These are not legit copies. And they're stupid for going online with it.

isa_scout3871d ago

These are legit copies. If you watch the video you'll see him taking it out of the box,complete with the atomic blimp download voucher. He got banned for simply playing the game while logged in to Xbox Live. This has happened to me before to. Believe it or not, my local Rite Aid use to sell video games, and the old woman there didn't know a thing about video games so she would sell them early. Now is that my fault? No, I paid for the game legally and therefore should be able to play it whenever I want. For god sake people it's not even like he can play online given that GTAO doesn't launch until Oct. 1st. Eventually Rite Aid got caught, and no longer sell video games, and that's what should happen here. Punish the retailer, if there is one very wise rule of thumb in the businuess industry it's that you never punish your loyal consumers. If MS can't differentiate between legit and pirated games then maybe they should just leave everyone alone.

+ Show (1) more replyLast reply 3870d ago
ABeastNamedTariq3871d ago

They should, IF they pirated the game.

BattleTorn3871d ago

And/or they upload footage before embargo.

Microsoft has no way of telling which review copies are being played by which gamertag.

It's only pirated copies, and uploaders who get banned.

clevernickname3871d ago

Microsoft is on very shaky legal ground for banning those posting game footage of a legitimately purchased copies of the game. Fair use is enshrined in American law for a reason.

insomnium23870d ago

@clever

I don't know about the law but it sure feels more justified to ban people if the upload videos and such. they are acting out of green or something. They want fame of youtube hits for said video.

3871d ago Replies(1)
kenmid3871d ago

Good, I refuse to watch any leaks videos or screens until Tuesday when I put it in my 360 for myself.

Kenshin_BATT0USAI3871d ago

Because GTA has an absurdly good story right? There's nothing really spoilable with this game, you play it and have fun. I don't think I know a single person who got the game because of "convincing voice actors and amazing storytelling"

TXIDarkAvenger3871d ago

Yeah, but spoilers can go beyond the story like all vehicles, weapons, GTA Online features, etc...

Kenshin_BATT0USAI3871d ago

Fair enough. If you generalize it, I can see your point. But I dunno, for me, I don't buy a game unless I know the mechanics of game, seems like a risky purchase. Least to me.

isa_scout3871d ago

Shit dude, I've actually enjoyed the stories in the GTA series...lol You're right, people do mainly just play it for its sandbox world, but the stories have been fairly good as well. Besides for movies where else are we supposed to get our gangster/mob stories? I can honestly say I'm looking forward to the story just as much as to messing around in Los Santos...Ok, I'm lying, but seriously the stories are pretty good.

Shadonic3871d ago

Thers some spoilers kinda like just small insight stuff nothing major but i understand you.

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The Best Open World Adventures In Gaming History

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boing135d ago

Cost of realistic looking movement.

lucasnooker35d ago

Rockstar need to learn that 12 years of work and 5000 employees doesn’t account for one persons opinion on the internet…

Profchaos35d ago (Edited 35d ago )

Oh and hundreds of millions of dollars in revanue to boot.

Lots of complaints about gta ever since the hd era started and yet it's bugger than its ever been with gta vi up to 180 million trailer views alone. The next game is shaping it be be another genre defining game

MetalGearsofWar35d ago

They already learned they dont have to actually make a great game

sagapo35d ago

The controls of RDR2 felt a but cluncky indeed, but it’s not as bad as some make it out to be. At no point did I get the feeling my experience with the game was held back or ruined by the controls.
But it can never hurt to optimize them a bit, sure.

Zhipp35d ago (Edited 35d ago )

I did accidentally beat someone to death a couple times. An unfortunate mistake but besides that I didn't have any problems with the controlls

jznrpg35d ago

Red Dead Redemption felt clunky at first but I got used to it fairly quick. I thought 2 was easier to control but it could be my experience with the first game helped me out. Great games

Profchaos35d ago

I wouldn't call Rockstar games characters clunky instead they feel like they move with Weight they are not twitch controls press x to instantly snap onto cover the characters instead move like a actor would ducking behind cover they are exposed while they get there.

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