Microsoft Stands Firm on Xbox Live Bans

FoolKiller

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Jhereg42 said:
Epitome said:
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.
And this is what I find reprehensible on Microsoft's part. They SHOULD ban the user account instead of just the console. Banning the console creates a problem for some innocent people down the line. Anyone knows that the easiest thing to do in that case is buy a new console from Walmart and take back the banned one. Immoral but true.

Another problem is for small stores that deal in used video games. I go to one regularly and they are now weary of accepting used consoles because they don't know if it has been banned.
 

2012 Wont Happen

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KeyMaster45 said:
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 making it so that you don't need the disc to play it, but you need to load it on at first using a disc.
 

SnootyEnglishman

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to these idiots and Erik Estavillo..they're called rules and when signing up for XBL or the PSN you have agreed to follow these rules and by breaking them you are subject to appropriate punishment. There are no exceptions for stupidity and not reading the ToS properly
 

No_Remainders

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Sep 11, 2009
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I can see M$ winning this lawsuit quite easily; considering they're well within their rights to ban modded 360s without prior warning and whenever they want...
 

CrafterMan

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Aug 3, 2008
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Gah I pity the mindless fools who think they can get away with breaking the code and then complaining about it...psh get a life.

-Joe
 

MrTub

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TheTygerfire said:
Epitome said:
Many people here seems to be using the words "modders" and "pirates" interchangably and its just not accurate. Modders have every right to open property they paid for and improve it in any way they see fit. If MS doesnt not want to provide functionality then they shouldnt ***** when people do it for themselves and it falls within the confines of the law.
What possible functionality beyond piracy or hacking could gained, used, or needed from modding a console?
Backups.
 

TheTygerfire

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Tubez said:
TheTygerfire said:
Epitome said:
Many people here seems to be using the words "modders" and "pirates" interchangably and its just not accurate. Modders have every right to open property they paid for and improve it in any way they see fit. If MS doesnt not want to provide functionality then they shouldnt ***** when people do it for themselves and it falls within the confines of the law.
What possible functionality beyond piracy or hacking could gained, used, or needed from modding a console?
Backups.
Oh sure, when every Xbox disc says right on the label NOT TO COPY THE DISC *facepalm*
 

MrTub

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Mar 12, 2009
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TheTygerfire said:
Tubez said:
TheTygerfire said:
Epitome said:
Many people here seems to be using the words "modders" and "pirates" interchangably and its just not accurate. Modders have every right to open property they paid for and improve it in any way they see fit. If MS doesnt not want to provide functionality then they shouldnt ***** when people do it for themselves and it falls within the confines of the law.
What possible functionality beyond piracy or hacking could gained, used, or needed from modding a console?
Backups.
Oh sure, when every Xbox disc says right on the label NOT TO COPY THE DISC *facepalm*
It's still not illegal so if I had kids I would mod the xbox360 and burn a backup which they could play with so the wouldn't break the real disc.
 

GamingAwesome1

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May 22, 2009
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They're trying to sue Microsoft for following the legal rules?

You mod, you get banned, simples *click*.

They are well within their right to ban the people for modding. Good on you Microsoft, and fuck you lawyers!
 

Carlston

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Apr 8, 2008
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I predicted this a long time ago.
Wait till they figure out how to completely shut down your pc for a hacked verison of crystal mines.... read the agreement you only lease your OS.

But eh, you "ban" someone, they call with a different credit card and gamer tag. Cha ching...more cash.

As if they cared about piracy that much...it's all about the guy who just paid for a year and taking it away and making him pay twice. Like how I beleive all MMO's gold for sale sites are not kids in China but Blizzard for WOW. Hey guys /create gold 100000. They pay us, and every once and a while we ban their account for cheating nice eh? /create gold=instant profit with no work!
 

lacktheknack

Je suis joined jewels.
Jan 19, 2009
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And so what if they timed it like this? It's their reserved right to ban violators AT ANY TIME.
 

Hamster at Dawn

It's Hazard Time!
Mar 19, 2008
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How can law firms expect to win this? They are admitting that Microsoft's terms and conditions let them do this. The only "problem" is that Microsoft decided to do it at a time that would be profitable for themselves. They're a business, it's what they do.
 

Bad Neighbour

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Jan 14, 2009
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Never have had sympathy for pirates and never will. I'm actually glad 'soft supposed got money out of these guys before they booted them, cause it was an even bigger feck off
 

Jhereg42

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FoolKiller said:
And this is what I find reprehensible on Microsoft's part. They SHOULD ban the user account instead of just the console. Banning the console creates a problem for some innocent people down the line. Anyone knows that the easiest thing to do in that case is buy a new console from Walmart and take back the banned one. Immoral but true.

Another problem is for small stores that deal in used video games. I go to one regularly and they are now weary of accepting used consoles because they don't know if it has been banned.
If Microsoft merely banned the gamertags, they would have left themselves open to a civil suit for unjust enrichment. In that case, each and every banned person would have possibly been due a refund for any unspent microsoft points and for the remainder of their Gold membership. Also, the modded console is now still in service, ready to get some other unsuspecting gamer banned from live through no fault of their own.

Either way, it's buyer beware on the used 360 market right now. At least this way a store can take a 2nd hand 360 and try to connect it to live before giving somebody credit for it, where as under your scenario they would have no way of telling if it was a modded box that had been identified by Microsoft.
 

Se7enUpMustang

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Apr 7, 2010
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whiney little bitches, thats what they get for modding the 360, you fuck with the tech you get the M$ boot up your ass.

I remember reading a rant posted by a banned modder part of it said

"You have no idea what its like to come home with MODERN WARFARE 2!! and see that you cant play the best game ever made online"
I laughed so hard i near pissed myself. You wanna mod and not get fucked for it be a pc gamer, otherwise FUCK OFF.