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Microsoft Responds to Class Action Lawsuit

"Microsoft Corp. has responded to a possible class-action lawsuit over banning up to one million Xbox 360 consoles from accessing its online gaming service, arguing the company is well within its rights to ban users from Xbox Live.

A spokesperson from Microsoft reacted to the possible lawsuit on Friday. "Piracy is illegal and modifying an Xbox 360 is a violation of the Xbox Live Terms of Use. Microsoft is well within its legal rights to ban these users from Xbox Live."

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Gandalf2865d ago Show
Godmars2902865d ago

Thought they were going beyond banning consoles, but were bricking them? And then there's the thing about them going after consoles and not accounts. By the ToS which many are quoting that's what they should be going after.

Nevermind that there have been well publicized console mods that MS has never said anything about.

Zedux2865d ago

I can't help it but hate MS! Sorry guys!

TheBlackSmoke2865d ago

As much as i think MS should go jump off a cliff i have to side with them on this. Piracy hurts gaming as an entire industry and MS should do what it takes to stamp it out.

I dont know whats more retarded, connecting a modded 360 to live or suing because you believe you should be allowed to connect a modded 360 to live.

Godmars2902865d ago

The thing is can you, much less MS, prove that a console was modded for piracy or a home-fix for RRoD? The DVD issue that damages discs?

ReservoirDog3162865d ago

But a home fix for RROD is a violation of the ToS anyways right? So what does it matter? Pirating is illegal but things like that break that huge wall of text none of us ever read.

Those are the rules. Gotta follow them.

beardpapa2865d ago

"Piracy is illegal and modifying an Xbox 360 is a violation of the Xbox Live Terms of Use. Microsoft is well within its legal rights to ban these users from Xbox Live."

I like how the PR makes the wording work around the situation. Yes, the company is within legal rights to ban users from Xbox Live. To the typical adult juror or so, it is justifiable what Microsoft is doing. People associate Xbox Live as the online multiplayer component of the Xbox 360 system. However, they cunningly didn't say it is a system-wide ban rendering some of the basic functions of the 360 useless - functions such Windows Media Center, XBLA, demos, and receiving game updates.

Triella2865d ago

So is a case mod unless it's a decal or a faceplate change.... a home fix should only void your waranty not grant you a ban, let-alone when the console is a faulty product from the get go.

ReservoirDog3162865d ago

Well, I don't know. But if MS did ban peoples' consoles without the right to do so, tyen I do hope MS loses. But everytime you log onto live (or PSN or anything), you agree to the ToS. If that says no modifications whatsoever then you're in the wrong.

Not saying it's right or wrong or anything. But them's the rules. Gotta follow the rules. That's life.

Consoldtobots2865d ago (Edited 2865d ago )

"a home fix should only void your waranty not grant you a ban, let-alone when the console is a faulty product from the get go."

RIGHT on the button, a good lawyer will BURY MS with this angle.

TK4212865d ago

I find it amazing that there were so many people with modded 360's. That's a lot of game revenue the publisher's were missing out on. The industry is already hurting I think it was the right move for Microsoft.

Godmars2902865d ago (Edited 2865d ago )

So your only choice when your 360 breaks down is to either buy a new console or go through MS's official repair program?

There has to be a difference between voiding a warranty and ToS. If they're not the same thing, then MS needs to be going after unofficial repairs, not just banning consoles.

IdleLeeSiuLung2865d ago

There are a lot of misconception:

a) fixing a RROD is not detectable, because you aren't modifying the software

b) modifying the exterior of the Xbox is not detectable

b) replacing a DVD drive is not possible unless you start flashing firmwares. This is against the TOS.

c) MS don't need to know if you actually are pirating games. All they need is to know if you modified your console software wise such as playing patched game discs or installed a modded firmware. This is fairly easy to prove.

2865d ago
Triella2865d ago

"There are a lot of misconception:

a) fixing a RROD is not detectable, because you aren't modifying the software"

Well let's see. Say I've got a problem with my Xbox, as anyone would do I call support give them my serial number and every bit of information they need. Unfortunately, they tell me my console is not under warranty anymore and I have to pay 100$ to get it repaired. I say **** off and decide to repair it myself. Then I connect to XBL and guess what they can track my serial number, especially if it's on a list of "failed" 360, and they can ban because obviously I didn't have the console repaired by MS.

"b) modifying the exterior of the Xbox is not detectable"

Of course not but when you do some case mods you open your console. Here's a prime exemple, someone changed the fans of their 360 and MS detected it, he was banned : http://forums.xbox.com/2992...

"c) MS don't need to know if you actually are pirating games. All they need is to know if you modified your console software wise such as playing patched game discs or installed a modded firmware. This is fairly easy to prove."

If MS was only banning from Live consoles and accounts of people who have flashed their DVD drive I would applaud, but they are also banning people who have repaired or change some minor parts of their console, which these people are entitled to do since they've BOUGHT the product. And what bothers me more is that they're not only banning the consoles but also gimping them so they can't be used properly offline, and they're not banning the Live accounts... how much more hypocrite can MS be ?

corneliuscrust2865d ago

entitled to do so, as you said

but MS is ALSO entitled to blacklist said MODIFIED console from THEIR service which THEY own.

You own your console, you can do with it as you please, but don't try to log onto THEIR service unless you play by THEIR rules which are outlined in the TOS.

+ Show (12) more repliesLast reply 2865d ago
baum2865d ago

It's time for MS to keep taking advantage of you.

MURKERR2865d ago

that were built up using pirate games,why havnt microsoft done this?...simple if people had to rebuild their hard worked gamertag they'd migrate to other consoles

microsoft are a disgusting company this has made me loathe them,anything to get sales and lemmings just keep getting raped by them and stand for it

tehReaper2865d ago

If they banned accounts, you would see more poed pirates and modders getting angry. Why ban an account someone worked hard for? Not all the banned consoles were used for piracy, so Microsoft is doing the right thing. People are still able to use their account on another box.

Modifying your console in any way is against their terms. Microsoft banned modded consoles the only way they could, and in result, got some people who didn't use their consoles for piracy. Is it right? Not really, but piracy needs to stop. Developers work hard on games and then have it sell horribly. Mass Effect is a great example.

Don't give me the whole "Microsoft banned consoles so they could sell more". That's rediculous. Microsoft ALWAYS bans in waves, and MW2 just came out, of course they're going to stop people from pirating it and L4D2.

I'm sick of the conspiracy theories.

Godmars2902865d ago

Yes, if this is some stupid sales plan it gives them numbers on paper that shows the industry at large and MS's stockholders that they're winning or at least doing well, but the truth is they're creating a growing cycle of modders buying new consoles to mod while the old banned ones are sold off on Ebay and Craig's list. Adding to negative rep where RRoD is already doing tons of damage.

In the end the 360's install base could end up collapsing with the general consumer avoiding the next Xbox like the Swine flu.

waltercross2865d ago

I Think if the 360 was REgion free and did not have
that big of a hardware issue, that alone will get
rid of these Modded 360's because there wouldn't
be much reason to Mod a 360.

corneliuscrust2865d ago

VAST VAST VAST VAST VAST VAST majority of xbox360s are modded.

VAST.

+ Show (1) more replyLast reply 2865d ago
Axcess2865d ago (Edited 2865d ago )

Microsoft was supposed to give back a prorated amount of the users subscriptions which I'm sure they conveniently didn't do, seeing as refunding nearly a million xbox live subscribers even something like 5 bucks would be a boatload of money.

http://www.incgamers.com/Ne...

NotSoSilentBob2865d ago

The thing about that is once you put money into the MS points you no longer can claim owner ship of that. If you are banned from LIVE you forfeit any and all games/points. Standard for subscriptions

Axcess2864d ago

I understand what you mean but I think they're talking about the live subscriptions. Say someone bought a 1 year subscription to xbox live, then got banned after six months. If they paid 50 bucks for their subscription then Microsoft would owe them a prorated amount of 25 dollars.

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