Microsoft Stands Firm on Xbox Live Bans

[SilentHunter7]

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.

 

[sooperman]

"...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.

 

[The_root_of_all_evil]

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

 

[SantoUno]

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.

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 , I am just calling out that stupid argument on timing a ban.

 

[sirdanrhodes]

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

 

[Jak The Great]

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.

 

[JohnReaper]

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 , 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

 

[Jhereg42]

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.

 

[Ph33nix]

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

 

[Green Ninja]

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

 

[sneak_copter]

Yeah, my friend was banned during the second wave of bans, so he bought a PS3.

Something to do with him being a dirty pirate, apparently.

 

[z0nbie]

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.

More people should read the user agreement before they click "I accept" ... Microsoft has every right to ban anyone who breaks their contract...

 

[USSR]

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 consoles were banned.

Not the accounts. They are still recoverable via another xbox.

Therefore, no refund necessary.

 

[Zersy]

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

Nope.

It's in the 360's chip. So making a new account won't work.

 

[LunarCircle]

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

Well, obviously if you changed something like the chassis, MS wouldn't have a way of knowing. Unfortunately, doing other sorts of modifications such as replacing the HDD or cooling fan with non-MS approved brands is also considered a breach of the TOS. I'm sure that some of the bans were due to that.

Gotta love that EULA. Consumer rights are stripped away and no one cares.

 

[rynocerator]

They can institute their ban any time they please. I think its hilarious that they chose to do it just after MW2 was released.