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Microsoft Stands Firm on Xbox Live Bans

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Microsoft Stands Firm on Xbox Live Bans

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Microsoft isn't backing down in the face of a threatened class action lawsuit over its recent ban of thousands of Xbox Live users, warning gamers that if you toucha their terms of service, they breaka you face.

Microsoft brought the hammer down on owners of modded 360s earlier in November, prompting a U.S. law firm to begin seeking support for a class action suit against the company. The lawyers claimed that while modding the console is "arguably" against Microsoft's terms of service for Xbox Live, the timing of the ban - the day after the release of Modern Warfare 2 and less than two months after Halo 3: ODST - was fishy. "This 'convenient' timing may have resulted in more Xbox Live subscription revenues for Microsoft than it would have generated had these Xbox console bans taken place at some time before the release of Halo 3: ODST and Call of Duty: Modern Warfare 2," the firm, Abington IP, said on its Xbox Live Class Action Investigation page.

But Microsoft isn't backing down. A representative told the Financial Post late last week that the company acted appropriately, saying, "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."

The exact number of users who were affected by the ban hasn't been revealed, but Microsoft said last week that media reports that a million users had been banned from the service were inaccurate.

via: Joystiq

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I still say they got what was coming to them.

Good for Microsoft. People who break the Terms that they agreed to need to be punished. XBL is no different than an internet forum like The Escapist. You break the rules, you get your ass beat.

Seriously, someone explain to me what modding the console is, are we talking about cracking it so it plays pirated games, or just changing housing of the console? If its just changing the housing I see nothing wrong with that, if its cracking the console to play pirated games I hope the ban-hammer hit those suckers hard.

Frank_Sinatra_:
Good for Microsoft. People who break the Terms that they agreed to need to be punished. XBL is no different than an internet forum like The Escapist. You break the rules, you get your ass beat.

Banning somebody withour refunding the money they paid is wrong though. sure they have the right to go your no longer a memebr, but they have to refund membership fees. Remember modding an xbox is not illegal, using the mods to do illegal things is. A terms of service contract does not give M$ the right to steal.

KeyMaster45:
Seriously, someone explain to me what modding the console is, are we talking about cracking it so it plays pirated games, or just changing housing of the console? If its just changing the housing I see nothing wrong with that, if its cracking the console to play pirated games I hope the ban-hammer hit those suckers hard.

Its talking about all kinds of modding, because modding the console is fine, its legal to do because the xbox is yours, but xbox live is a privilege and if you break there terms of service then they can ban you.

KeyMaster45:
Seriously, someone explain to me what modding the console is, are we talking about cracking it so it plays pirated games, or just changing housing of the console? If its just changing the housing I see nothing wrong with that, if its cracking the console to play pirated games I hope the ban-hammer hit those suckers hard.

The second one. As I understand it, these bans were supposed to be targeting those with consoles that play pirated games.

KeyMaster45:
Seriously, someone explain to me what modding the console is, are we talking about cracking it so it plays pirated games, or just changing housing of the console? If its just changing the housing I see nothing wrong with that, if its cracking the console to play pirated games I hope the ban-hammer hit those suckers hard.

Modding the console allows for piracy and cheating/hacking. You're allowed to HAVE them, just not on Xbox Live.

Wait, how would they be able to tell if you just customized the outside? o_O

And I still love how the lawyers use not just the word arguably, but they have the audacity to put it in air quotes, as if the word doesn't mean anything.

KeyMaster45:
Seriously, someone explain to me what modding the console is, are we talking about cracking it so it plays pirated games, or just changing housing of the console? If its just changing the housing I see nothing wrong with that, if its cracking the console to play pirated games I hope the ban-hammer hit those suckers hard.

I'm pretty sure we're talking about the latter, especially since that was what the other articles on the subject alluded to.

OT: Break the rules, get caught, take your lumps. Seems so simple, yet in action so complicated.

When do people learn? There is a reason they are known as "Micro$oft". That definitely sounds like an oddly timed ban.

Epitome:

Frank_Sinatra_:
Good for Microsoft. People who break the Terms that they agreed to need to be punished. XBL is no different than an internet forum like The Escapist. You break the rules, you get your ass beat.

Banning somebody withour refunding the money they paid is wrong though. sure they have the right to go your no longer a memebr, but they have to refund membership fees. Remember modding an xbox is not illegal, using the mods to do illegal things is. A terms of service contract does not give M$ the right to steal.

Again, I say you paid them, they provided the service, and you broke the rules. They have no obligation and you have no right to ask for it back.

And don't ask me what would happen if I got banned, because I actually follow the agreement.

HHAHAHAHAHAHAHA!!! STFU whiners and bitches who got banned. They broke the TOS and they paid the price. End of story.

j1-2themax:

KeyMaster45:
Seriously, someone explain to me what modding the console is, are we talking about cracking it so it plays pirated games, or just changing housing of the console? If its just changing the housing I see nothing wrong with that, if its cracking the console to play pirated games I hope the ban-hammer hit those suckers hard.

I'm pretty sure we're talking about the latter, especially since that was what the other articles on the subject alluded to.

OT: Break the rules, get caught, take your lumps. Seems so simple, yet in action so complicated.

Welcome to the real world. Where a man can curse and throw out racist slurs but feel becuase he's a crip he should still be able to keep is online stuff. Becuase "it's my only social out let".

Epitome:

Banning somebody withour refunding the money they paid is wrong though. sure they have the right to go your no longer a memebr, but they have to refund membership fees. Remember modding an xbox is not illegal, using the mods to do illegal things is. A terms of service contract does not give M$ the right to steal.

Are you kidding, they broke the law, why the hell should they get their money back. You may think its wrong not to give them money but its a hell of a lot more wrong to break the law.

TheTygerfire:

Wait, how would they be able to tell if you just customized the outside? o_O

Because they're watching, <.< >.> always watching us.

Epitome:

Frank_Sinatra_:
Good for Microsoft. People who break the Terms that they agreed to need to be punished. XBL is no different than an internet forum like The Escapist. You break the rules, you get your ass beat.

Banning somebody withour refunding the money they paid is wrong though. sure they have the right to go your no longer a memebr, but they have to refund membership fees. Remember modding an xbox is not illegal, using the mods to do illegal things is. A terms of service contract does not give M$ the right to steal.

Modding an axbox while not illegal is knowingly going against the terms of service and if you knowingly break something you agreed to then it was the person's fault for forfieting their money.

Dark Templar:
I still say they got what was coming to them.

Word for word

Epitome:

Frank_Sinatra_:
Good for Microsoft. People who break the Terms that they agreed to need to be punished. XBL is no different than an internet forum like The Escapist. You break the rules, you get your ass beat.

Banning somebody withour refunding the money they paid is wrong though. sure they have the right to go your no longer a memebr, but they have to refund membership fees. Remember modding an xbox is not illegal, using the mods to do illegal things is. A terms of service contract does not give M$ the right to steal.

If they wanted to keep their money so bad they should have not modded it in the first place.

Good on microsoft. If you can't play by the rules with others play by yourself. Does anyone get satisfaction when they kill a human player using cheats?

Epitome:
[quote="Frank_Sinatra_" post="7.157267.3889559"]Banning somebody withour refunding the money they paid is wrong though. ...A terms of service contract does not give M$ the right to steal.

A Term of Service is a legal contract granting or restricting certain rights...a legal contract that you agree to...and this particular one states:

"f. Refund Policies. Unless otherwise provided by law or in connection with any particular Service offer, all charges are non-refundable and the costs of any returns will be at your expense."
http://www.xbox.com/en-US/legal/LiveTOU.htm

lazy_bum:

TheTygerfire:

Wait, how would they be able to tell if you just customized the outside? o_O

Because they're watching, <.< >.> always watching us.

Shh. Now they're watching you closely. Never let on that you know.

And now they're watching me closely, for warning you that they're watching you closely!
See what you've done! We're all doomed!

They should have read the Terms of Use.

You see kids? That's what you get for not reading the shit you sign.

Good! Microsoft did the right thing and those idiots who got banned have no right to complain. My girlfriends brother got his banned for modding it and he was pissed off, thinking he should be unbanned even though he broke the rules. I had little sympathy for him.

I would just like to point out to everyone that modding a console you own is perfectly legal. However Microsoft still reserves the right to ban you from their online service.

"...Microsoft is well within its legal rights to ban these users from Xbox Live.'"

Actually, MS is well withing its legal rights to ban anyone for any reason at any time. It's in the TOS and EULA.

Much as I loathe M$, they are well within their rights. Sounds like some more butthurt whiners.

The lawyers claimed that while modding the console is "arguably" against Microsoft's terms of service for Xbox Live, the timing of the ban - the day after the release of Modern Warfare 2 and less than two months after Halo 3: ODST - was fishy. "This 'convenient' timing may have resulted in more Xbox Live subscription revenues for Microsoft than it would have generated had these Xbox console bans taken place at some time before the release of Halo 3: ODST and Call of Duty: Modern Warfare 2," the firm, Abington IP, said on its Xbox Live Class Action Investigation page.

Glefistus:
When do people learn? There is a reason they are known as "Micro$oft". That definitely sounds like an oddly timed ban.

When will people get this through their heads? THAT IS WHAT THEY SHOULD BE DOING. Microsft has these mass bans annually around November so they did not proceed with the banning after MW 2's release intentionally, but if they did then that's the right thing to do.
How can those idiots file a lawsuit blaming Microsoft for intentionally timing the banning so that more pirated 360's will be banned? That's what you should be doing! If you're honestly saying that MS can't time their ban so that they fish out more pirates then you have absolutely no case.

P.S. To the person I quoted, I am not calling YOU out :P, I am just calling out that stupid argument on timing a ban.

IceStar100:

j1-2themax:

KeyMaster45:
Seriously, someone explain to me what modding the console is, are we talking about cracking it so it plays pirated games, or just changing housing of the console? If its just changing the housing I see nothing wrong with that, if its cracking the console to play pirated games I hope the ban-hammer hit those suckers hard.

I'm pretty sure we're talking about the latter, especially since that was what the other articles on the subject alluded to.

OT: Break the rules, get caught, take your lumps. Seems so simple, yet in action so complicated.

Welcome to the real world. Where a man can curse and throw out racist slurs but feel becuase he's a crip he should still be able to keep is online stuff. Becuase "it's my only social out let".

An agoraphobic having some sort of social outlet is extremely important. that said, being agoraphobic doesnt give you the right to get away with being a total dick

i never thought i would be saying this but good on microsoft.. you break terms of service then be prepared to deal with any potential consequences that come from it.

Bet ya wish ya paid now you free loading modders. I might go and enjoy a bit of Halo 3s online or maybe MW2.

Epitome:

Frank_Sinatra_:
Good for Microsoft. People who break the Terms that they agreed to need to be punished. XBL is no different than an internet forum like The Escapist. You break the rules, you get your ass beat.

Banning somebody withour refunding the money they paid is wrong though. sure they have the right to go your no longer a memebr, but they have to refund membership fees. Remember modding an xbox is not illegal, using the mods to do illegal things is. A terms of service contract does not give M$ the right to steal.

the people who were banned are not entitled to a refund, as it was not MS fault that their system was banned, it was their own doing. If you get kicked out of an amusement park for breaking the rules, they aren't going to refund you your money.

As for the timing, there is not one word anywhere that says that they cannot do a banning sweep before or after the release of a AAA title.. The reason they did do it is because the people who have illegally modified consoles will be more likely to be online during that period, therefore they can hit more pirates at once

When it comes down to it, the only thing illegal that was happening were the people modding their consoles. MS is well within their right to ban them for that, whether or not they have just purchased a new year XBL subscription or not.

SantoUno:
timing the banning so that more pirated 360's will be banned? That's what you should be doing! If you're honestly saying that MS can't time their ban so that they fish out more pirates then you have absolutely no case.

P.S. To the person I quoted, I am not calling YOU out :P, I am just calling out that stupid argument on timing a ban.

from what I understand about the situation is the Resonable argument that MS Banned all these systems what the but hurt winners are saying is MS is conspireing aginst them.

now for some story time.I was banned from steam servers because of fault management on their part.it came down to a he says i say match between some meganoob and I and his friends all decided to report me for hacking them with that many complaints because i hit them with a scout and killed them the anti hack team just banned me out right no one looked into it it was in their rights But was it right?

when I tried to make my case telling them what happened i got one of those neat little auto respond letters saying that all bans are final have a nice day i no longer use steam nor do i buy a valve product.

Management errors happen we are only humans did all the bans happen because of erro no but did maybe 1-3% of those bans could have been accidents and i am stretching the word Could

Epitome:

Banning somebody withour refunding the money they paid is wrong though. sure they have the right to go your no longer a memebr, but they have to refund membership fees. Remember modding an xbox is not illegal, using the mods to do illegal things is. A terms of service contract does not give M$ the right to steal.

Microsoft didn't ban the user accounts, they banned the serial numbers for the modded 360's. No Gamerpoints or Subscriptions were lost, they just need a new 360 to use them. The only way your gamertag gets banned is if you go into a full in depth review of the circumstances and they find against you.

The claim against microsoft for unjust enrichment does not have a leg to stand on because of that.

they reserve the right to ban whoever they want whenever they want

I am a console modder. If i got banned because of it so be it. Its a risk i take. I'm on Microsofts side. Also knowing that the law firm doesn't have a leg to stand one for this one lol.

So, here's a question:
If they ban them from Xbox Live, couldn't they just create a new gamertag and get back in?

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