Banned Early Xbox One Owner Reaches Agreement with Microsoft, Will Tell More When Cleared to Do So

Yesterday Twitter user Moonlightswami made the headlines for getting an Xbox One early due to a delivery mishap by Target. He revealed all sorts of details and pictures on the console, but he was temporarily banned after a few hours. Today he had a chat with Microsoft's Larry "Major Nelson" Hryb and apparently everything's gonna be ok.

He reached an agreement with microsoft that apparently includes some sort of NDA, and he won't be able to tell much until cleared to do so, because some things are not yet final or announced.

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Kayant1656d ago

Well that's understandable because if something was broken and was leaked it would have been bad for MS. Good to see all is well now.

Abriael1656d ago

All's well what ends well. He said Microsoft has been "very gracious" in settling, and now I'm quite curious on that graciousness :D

majiebeast1656d ago (Edited 1656d ago )

He has been offered Albert Penello's job. He basicly became a sell out though, gotta get dat cheddar.

Dont blame him because Microsoft probably gave him the "journalist package"

JokesOnYou1656d ago (Edited 1656d ago )

lol, now he's working with the enemy. pffft guy just wanted his 10mins of fame, folks treating him like Gandhi.

Smart guy, he's milking it for everything its worth, laughing at the freedom fighters all the way to X1 launch event. Probably going to get a ton of free games too. lmfao

Bigpappy1656d ago

I am getting all my pre-orders from Target from now onward!

SITH1656d ago

What bigpappy said! Lol

HammadTheBeast1656d ago

Well this is good for MS. This guy was putting a dent in MS' otherwise FLAWLESS PR.

xHeavYx1656d ago

Why is MS so worried about people being online on their consoles?
It's not like they have something to hide.... Right?

+ Show (4) more repliesLast reply 1656d ago
AlexanderNevermind1656d ago

Should have never banned him in the 1st place. Hopeful everything works out in his favor.

nasnas761656d ago

Most likely banned him so he can't use an unfinished product that would he was sharing with the internet. Once the product/software was finished they can easily un-ban anyone. Meaning, it was to prevent the unfinished system from being used (system time lock) vs punishing the user.

Moncole1656d ago

They only banned him from online in till the systems launches because they still need to set stuff up.

sobekflakmonkey1656d ago

they had no grounds to ban him, that's the honest truth though, but now, they work him into a NDA, which is bs, so now he really can't do anything, he acquired his X1 through legal means, absolutely no reason to ban him, slimy bastards.

rainslacker1656d ago


From what the guy reported the system was working fine with no real hiccups or problems whatsoever.

With two weeks till launch I'm sure the final build of the initial patch is finished and likely uploaded. You don't test a patch that important for two weeks and put it out in the wild. For reference, Sony put it's patch up 2 weeks ago that could be downloaded unofficially from their servers, although it was removed once the link got out.

What this guy was using was likely what everyone will be using in less than two weeks.

FamilyGuy1656d ago

@ nasnas76

There's nothing "unfinished" about it, they just didn't want him showing everything off early. The day 1 patch was live, it wasn't some beta patch, the system wasn't some beta system either.
It was retail hardware running official software. No reason to ban him other than to hush him up and MS are A-holes for doing it.

tordavis1656d ago

I guess you don't know what TOS means.

tordavis1656d ago

@sobewhatever you guys are a bunch of tools. There's a TOS that comes with the console. You have to follow that. Even though he acquired it through legal means, he shouldn't have connected it through Live and that's why they banned his account. When Live is ready he'll be unbanned. This is business. Something you obviously know nothing about.

ShwankyShpanky1655d ago (Edited 1655d ago )

"Blah blah blah TOS."

Please direct us to the specific section of the TOS that was violated.

The "banning" is understandable from a particular viewpoint (accessing unfinished infrastructure), but there should have been an email/message to the ban-ee along the lines of "we apologize for the inconvenience, but access to XBL is being restricted until official release on 11/22." He shouldn't have had to make a stink all over the net to get it addressed.

And the YouTube takedown is still BS.

But hey... looks like MS roped him into some type of NDA and 'launch-party-hatted' him into acquiescence, so everything's okay. MS be MS.


It's not simply because it's on a TOS. A TOS cannot overcome real laws, if there's a law saying you can do something, MS can put up whatever contract, agreement, TOS, deal or whatever they want for people to sign saying we won't do it, still if we go ahead and do exactly what we're not supposed to, they can't really do anything agaisnt us... Even if they claim we had an agreement, any lawyer will tell you that the agreement was illegal in first place as it goes against law and any ban applied could be considered coercion (which means we could sue microsoft).

So it was not because he got a console early, not because of what he was or wasn't using on the system (the software either came with the hardware he bought, making him eligible to use it, or he signed a TOS by either actually signing it or automatically as he downloaded it, making him eligible to use it anyway), not even because whatever opinions he was emmiting... I mean, sure MS wanted to shut him up in order to not ruin announcements, break bad news or whatever we want to speculate, but they simply had no legal basis to do so... 'Till he was stupid enough to show software on youtube.

That, kids, is what we call copyright infringement. You can't show software that's not owned by you. If you do so, you are accepting the consequences (from as little as a youtube video being taken down, to as big as criminal prossecution).

If he was smart enough to use whatever he wanted, say whatever he wanted and, yes, he could even do an unboxing video (not showing software) there would be no way MS could bully him into signing an NDA, because he would never had been banned in the first place (or could realistically sue them for doing so).

Well, good thing he probably got some nice extra stuff "to make up for any troubles this may had caused" (which is the nice way the legal department say "now in case you decide we wronged you in any way we can easily dismiss your claims as you already accepted a compensation"). Not that it would be worth sueing over this crap anyway (as long as he was getting un-banned when the release date comes).

+ Show (6) more repliesLast reply 1655d ago
kewlkat0071656d ago (Edited 1656d ago )

Bet you he got something free...

Here we all bad mouthing Microsoft...Seems like this guy is an Xbox fan.

Visiblemarc1656d ago

For sure...yet more nebulous bs from MS. All is well. Now even end users are being hushed by NDAs and legal bull.

Eventually we're going to lose everyone we know who buys this thing to under some MS legal umbrella.

"Hey Joe, how are you?"
"Due to an NDA I signed in order to own Xbox One, I can't answer that question at this time."

buynit1656d ago

C'mon, man... Seriously?

What if everyone was just.... losing You?

I bet you are one of the bunch that feels like some one is/wants to spy on you.. Amiright! Lol you know i am...

+ Show (1) more replyLast reply 1655d ago
4Sh0w1656d ago (Edited 1656d ago )

"Moonlightswami also mentioned that he’s available for interviews even if there isn’t much he can say, that he was not threatened, and that he agreed to some sort of NDA."

lol I could be wrong but I think this was a slick PR stunt by micro.

Belking1656d ago

Remember what I told you guys about ms hiding stuff about xb1. There is more proof right there. I

Idba1656d ago

Like what? They wouldnt hide stuff if it is something good

majiebeast1656d ago (Edited 1656d ago )

Just got in to contact with Mayor Nelson. This is a world exclusive, he said the second GPU is hidden in the UI.

Kayant1656d ago

Mistermediax insider confirmed. /s

C-H-E-F1656d ago

Hmph.. so what is the big cloud covering up? Omg must be something huge.

Brix901656d ago


lol...still hoping for the second GPU I see

Bigpappy1656d ago

Sense seeing the demo of Kinect integration, I get a really warm feeling when I see the UI in custom colors and the apps waiting to be called up.

I understood the ban, but am glad that they reached out to the users to explain what was actually going on.