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."

[-Foxtrot]

I would of sued them if that's the case

[Mikelarry]

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

[-Foxtrot]

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.

[JhawkFootball06]

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.

[cl1983]

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.

[pompombrum]

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

[jgrigs09]

@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.

[Indo]

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

[fenome]

@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..

[fenome]

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

[aceitman]

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.

[Belking]

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

[fattyuk]

^ 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!

[fenome]

@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

[Blank]

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

[jgrigs09]

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.

[SITH]

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.

[stuna1]

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.

[ajax17]

Would have*
Sorry, grammar nazi.

[maximus1985]

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.

[xPhearR3dx]

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.

[Goku781]

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

[jgrigs09]

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.

[KrisButtar]

I knew it. It was just wrong to begin with

[Summons75]

Does it matter...the system is useless without the day one install. Plus it's street dated for a reason, how could they know right away if he got it legit or stole it. Everything got resolved peacefully too so who really cares

Target is in big trouble for letting some slip out into shipping, someone lost their job real fast for that mistake.

[xPhearR3dx]

People are just trying to give MS more bad press. It's pretty sad. This age of gaming, everyone hunts and spins everything into something negative. In fact, many gamers on the internet these days always have a negative attitude. I miss the PS2 days where everyone was excited to try out games, actually talked about all the different systems and new games to try. Now, everyone just bitches about everything and tries to find a reason to bash MS/Sony/Nintendo.

[Summons75]

harsh that you're getting disagrees, what you say is very true. Nes, 64, Ps2, Original Xbox....great times getting to chat about everything and friendly arguments, now it's nothing but hate and doom

[xPhearR3dx]

Yup. Then again, back then. Internet wasn't as wide spread as it is now. When you had those conversations it was usually in person. Now everyone feels like a tough guy or wants to be an idiot behind a keyboard because they think they're "funny".

It's pretty sad that, that type of behavior also reflects within the online community itself. I remember when "talking shit" on SOCOM was fun and competitive. Now, I just want to mute everyone because hearing "Fuck you faggot, you gay retard" every 5 sec is just tiresome.

[dansdooz]

Every article i see from gaming blend is bashing on xb1, they went digging for this one.

[brich233]

An agreement was made against that one guy, i doubt he can sue now.

[mhunterjr]

This is a pretty silly sensationalist article. There's nothing illegal about MS filing a claim petitioning Google to remove the video. And google reserves the right to remove any video they want, for any reason. there are no grounds to sue. The question of legality would only come into play if Microsoft tried to take legal action against Swami for posting the videos... I suspect in that situation MS wouldn't have any ground, but that's not what they did.

There's also nothing wrong with MS restricting access to their network prior to opening their network to the public. Why these sensationalist articles keep pretending they banned is account, when really, they just closed the network off to folks who aren't official beta testers. His console was not 'bricked' ... He could play it offline to his hearts content.

[strigoi814]

if there is nothing written and signed or any form of agreement you cannot ban me or do anything to stop me from using what i have just purchased with my money..this is all legal

i will file a lawsuit both Target and Microsoft if this happen to me

[mhunterjr]

Xbox live on Xbox one is not yet open to the public. It doesnt open until nov 22. In that case, They can restrict anyone they want from it....

It like saying because you have a ticket to a concert, the bouncers have to let you in early.

[4logpc]

Take anything cinemablend reports with a giant grain of salt.

[5eriously]

Another M$ 180. The video is back online, with a forced NDA of coarse. What a shambles in PR disasters! At least they rectified the situation!

[GentlemenRUs]

I said the same thing but got laughed at... He should sue no-matter what.

Thanks, K, Bai!

[NewAgeisHere]

1 free game and 1 year of free XBL Gold incoming for this guy......

[droc1123]

Direct quote from the article: "Keep in mind that this is the same sort of NDA that keeps developers and journalists from speaking honestly and publicly about the differences between the Xbox One and PlayStation 4."
That's why I take what journalist and developers say with a grain of salt. They are contractually obligated by Microsoft not to provide information that might make their product seem less powerful or efficient.

[ElementX]

I can't believe how sad society has become that everybody looks for a reason to sue someone. The guy connected to Live, downloaded software that wasn't publicly available (the patch) even though it was on the server. He accessed MS's server before public release of the hardware. Regardless of the videos he posted, he was in the wrong to connect to the service before it was made public.

[cyguration]

How would he have used the console otherwise?

[ElementX]

Exactly, it wasn't officially released

[kewlkat007]

Haha..this article.

[n4rc]

Lol.. Not Much of a legal expert then

[hazelamy]

doesn't the sort of video the guy made come under the fair use rules.
it would be classified as a review, of sorts.

therefore they had no legal grounds.

so now they've retracted their claim.

and they know blackmailing the guy to shut up is out of order, which is what the ban is about, trying to coerce him into shutting up.
so now they turned to bribery.

you think if this guy hadn't got the publicity he did he'd get treated anywhere near as nice?

hell no he wouldn't.

he wouldn't be getting any freebies, the copyright claims would not be retracted and i'd bet the ban would be permanent.

this is a shitty way for a company to act towards a legitimate customer.

the writer of the article sums it up perfectly.

"Simply put, any company committed to silencing their customers about a highly awaited product says more than any editorialized blog every could. "

[n4rc]

the ban on youtube is questionable.... but a quick action was taken until they got a hold of him personally..

and it doesnt say more.. the author is clueless.... this launch is billions of dollars for microsoft and sony.. you think they will allow all their marketing to be undone because Target violated the agreement signed with microsoft to not issue any until the 22nd?

he could have just as easily turned cboat and started making up all the BS he wanted and the whole world would believe him..

despite how entitled people in this world feel... he has absolutely 100% no legal recourse over a company blocking his access to an unreleased service until launch.. none

he was perfectly OK with how microsoft handled it.. you want to be offended for him? go nuts.. but he got his x1 2 weeks early, became a twitter celeb, got an invite from major nelson to a launch event (which more then likely includes launch day games) and he even got $100 from Target and MS removed his yt strike in under 24h after speaking to him..

its ridiculous how badly some people want to paint MS as the devil..

[hazelamy]

did i mention taking legal action?

i just said them putting a copyright claim on his video is bullshit.

and that the ban is a way of bullying him into keeping quiet.

i'm not offended for him, i'm not offended at all.

but, i'm bloody annoyed for all the people that buy ms consoles and get treated like shit.

he may come out well from this, but how many people have ms screwed with unjustified bans, and not had a satisfactory response because they haven't had the publicity this guy has.
plenty.

this is the company that will ban you for playing a legally bought game.

you're right about one thing, ms aren't the devil, they're just greedy scumbags.
not saying the others aren't, but they at least seem to realise that fucking over your customers is not the way to keep them.

and i think any company that puts in a false copyright claim should get their accounts banned.
you gotta punish businesses that abuse copyright law just as much as you punish pirates.

but no, as it is these companies send out thousands of claims based on dumb bots findings that nobody bothers to verify, and not a damn thing happens to them over the myriad false claims.

i couldn't give a stuff about ms and sony's marketing, if it comes to the users rights, or their marketing budget, well to hell with them.
users rights all the way.

if that makes me a fangirl, so be it, though if sony did this, i'd be saying the same thing about them.

you can try and turn this into a console war issue if you like, i see it as a business vs consumer war issue.

[n4rc]

Umm.. Yes.. Your entire post was about the legality of it

He's showing unauthorized footage of an unreleased product that he shouldn't have..

I'm not a lawyer.. But that sure seems like grounds to block a video

And you may feel they are screwing people, but I don't.. Bans are never unjustified.. People should read the tos before clicking accept more often..

They are a publically traded company.. Of course they are greedy because the public is greedy.. Same goes for all of them..

[tiffac008]

I think its a waste of time to sue a company for something that is only temporary on a device that was accidentally shipped before its street date. The only one that would be happy are lawyers in this case.

[Nevers0ft]

So let me get this right? Microsoft sends a bogus DMCA takedown (DMCA is for Copyright protection, you cannot "copyright" a console box and it's contents, only the media that runs on it. The box and contents are protected by patent and trademark laws instead, which aren't covered by DMCA). Secondly, Microsoft after abusing DMCA process then bans the guys live account and strong-arms him into signing an NDA?

I hope the EFF is watching this and has a few lawyers poised and ready to go.