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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-Foxtrot1865d ago

I would of sued them if that's the case

Mikelarry1864d ago

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

-Foxtrot1864d 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.

JhawkFootball061864d ago (Edited 1864d 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.

cl19831864d ago (Edited 1864d 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.

pompombrum1864d ago

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

jgrigs091864d 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.

Indo1864d ago

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

fenome1864d ago


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..

fenome1864d ago

Don't believe me? Here:

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 1864d ago
aceitman1864d 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.

Belking1864d ago

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

fattyuk1864d 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!

fenome1864d ago (Edited 1864d ago )


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:

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.


Blank1864d 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

jgrigs091864d 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.

SITH1864d 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.

stuna11864d ago (Edited 1864d 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.

ajax171864d ago

Would have*
Sorry, grammar nazi.

+ Show (3) more repliesLast reply 1864d ago
maximus19851864d 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.

xPhearR3dx1864d 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.

Goku7811864d ago

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

jgrigs091864d 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.

KrisButtar1864d ago

I knew it. It was just wrong to begin with

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