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  1. #1
    DF Founder Raptor's Avatar
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    Xbox 360 Banned Xbox Live Users Class Action Investigation

    Abington IP, a law firm specialising in consumer class actions posted this on their website

    An investigation is currently being conducted regarding business practices of Microsoft with respect to its recent cancellation of certain modified Xbox consoles for use with Xbox Live.

    As has been reported widely in the media, tens of thousands of Xbox owners have had their modified Xbox consoles banned from Microsoft's online gaming service Xbox Live. Although modification of Xbox consoles is against the terms of use for Xbox/Xbox Live, Microsoft "conveniently" timed the Xbox console ban to occur just after the release of the new Call of Duty: Modern Warfare 2 game and less than two months after the release of the very popular Halo 3: ODST game. 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 Call of Duty: Modern Warfare 2 and Halo 3: ODST. Additionally, sales of both Call of Duty: Modern Warfare 2 (published by Activision) and Halo 3: ODST (published by Microsoft Game Studios) would likely have been greatly diminished had the Xbox console ban occurred prior to the release of these games.

    If you are an Xbox Live subscriber, had your modified Xbox console banned from Xbox Live, were not refunded a prorated sum for the time left on your subscription, and would like to participate in a class action against Microsoft, please submit your information below.
    Full Story/Submit Form: abingtonlaw.com




  2. #2
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    Mystical_2K's Avatar
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    Default Re: Banned Xbox Live Users Class Action Investigation

    this is quite interesting, they may have to pay people back their live subscriptions (or whats left on them) who had their boxes banned, they may argue that you can still use your profile on another box tho so cant see them getting far with thtis but i hope they do
    You know he grew up as a little shitspark from the old shitflint and then he turned into a shitbonfire and driven by the winds of his monumental ignorance he turned into a raging shitfirestorm. If I get to be married to Barb I'll have total control of Sunnyvale and then I can unleash the shitnami tidal wave that will engulf Ricky and extinguish his shitflames forever. And with any luck he'll drown in the undershit of that wave. Shitwaves.

  3. #3
    DF VIP Member BBK's Avatar
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    Default Re: Banned Xbox Live Users Class Action Investigation

    I dont see how this can work. MS haven't cancelled my live subscription, they've merely prevented the box that I have modified, which is clearly against their terms and conditions, from utilising that service. There is nothing to stop me getting a new box and continuing to use my existing subscription.

  4. #4
    DF VIP Member fe_man2000's Avatar
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    Default Re: Banned Xbox Live Users Class Action Investigation

    yeah this is doing to die before its born - Firstly MS have been banning for years and there has been no legal issues and secondly, MS's legal team will have made the T's & C's watertight on the live agreement. Also as you rightly say there service is still being provided, only the hardware has been banned.

    If you want to use live take the money you saved on games and get a new xbox and dont mod it - it the only way.

  5. #5
    DF VIP Member Over Carl's Avatar
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    Default Re: Banned Xbox Live Users Class Action Investigation

    I think the more interesting point is breaking the console so it can't install to hd as this isn't covered by live t&c's is it?

    Another interesting point would be the burden of proof - say if I flashed my xbox, it got banned, then I flashed it to it's original state, what proof would they have that say for example some ridiciously high tech hacker hasn't scanned my wifi and cloned my xbox resulting in my one getting banned for no good reason? Before anyone says because that can't be done - we only don't know how to in the same way ms thought the xbox couldn't be cracked for piracy. If c4eva didn't share his work, we would all say copies on an xbox is impossible despite the opposite being true.

  6. #6
    DF VIP Member stimpy's Avatar
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    Default Re: Banned Xbox Live Users Class Action Investigation

    Quote Originally Posted by Over carl View Post
    I think the more interesting point is breaking the console so it can't install to hd as this isn't covered by live t&c's is it?
    This was my train of thought earlier. They can ban you from the service but surely they can't restrict what you do offline with your box. That amounts to malice on M$ behalf.

  7. #7
    DF VIP Member BILKO1's Avatar
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    Default Re: Banned Xbox Live Users Class Action Investigation

    Quote Originally Posted by stimpy View Post
    This was my train of thought earlier. They can ban you from the service but surely they can't restrict what you do offline with your box. That amounts to malice on M$ behalf.
    Agreed, much better chance of class action on this point and the corruption of data on the hardrives.

  8. #8
    DF VIP Member Freaky's Avatar
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    Default Re: Banned Xbox Live Users Class Action Investigation

    yeah the hard drive thing is the biggest issue, the fact they banned you is irrelevant as you WERE breaking the t&c,s no matter what you think.

    Surely the fuckin up the hd and profile AND saved games cant be right tho, fuckers, ok yeah you mod the box you broke the rules, they ban the box you buy a new one, but all the hd stuff is way beyond that
    Through the darkness of futures past. The magician longs to see.
    One chance out between two worlds. Fire Walk With Me.

  9. #9
    DF VIP Member Eric's Avatar
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    Default Re: Banned Xbox Live Users Class Action Investigation

    I brought the issue up of the legality of damage caused to the HD function on a few occassions in the other threads on bans. Would it not be classed as malicious software ? A ban from Live is acceptable but to deliberately cause peoples consoles to malfunction could be seen as illegal, especially as the HD has nothing to do with the ability to modify the console.
    For example, if I paid £45 for all my original games and then made backups (which I thought was legal) and then found a way to play the backups to preserve my originals, does that give Microsoft the right to damage my console ?
    If they are that concerned about piracy how come half the PCs around the globe aren't sat there with damaged unusable hard drives because of backups of windows installed ?

    Modifiable consoles = guaranteed revenue for M$. They probably could have blocked this loophole years ago if they wanted, but why do that when the money is rolling in.

    Anyone know a good lawyer

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