Microsoft Stands Firm on Xbox Live Bans

[Andy Chalk]

Microsoft Stands Firm on Xbox Live Bans

Microsoft [http://www.microsoft.com] 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 Call of Duty: Modern Warfare 2 [http://www.escapistmagazine.com/news/view/96037-Microsoft-Bans-up-to-One-Million-Xbox-Live-Accounts]," 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 [http://www.financialpost.com/story.html?id=2248043] 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 [http://www.joystiq.com/2009/11/22/microsoft-says-its-well-within-legal-rights-to-ban-consol/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+weblogsinc%2Fjoystiq+%28Joystiq%29]


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[Eldarion]

I still say they got what was coming to them.

 

[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.

 

[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.

 

[Epitome]

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_pleasure_is_mine]

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.

 

[paragon1]

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.

 

[TheTygerfire]

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?

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.

 

[j1-2themax]

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.

 

[TheTygerfire]

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.

 

[axia777]

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

 

[IceStar100]

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".

 

[Furioso]

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.

 

[lazy_bum]

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

Because they're watching, always watching us.

 

[Xan Krieger]

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.

 

[GodsAndFishes]

I still say they got what was coming to them.

Word for word

 

[Kiutu]

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.

 

[Haunted Serenity]

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?

 

[jedisensei]

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

 

[nolongerhere]

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

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!