Xbox One Ships Early, Microsoft Bans It

[Infernal Lawyer]

Seriously guys, calm the flying fuck down. There are many reasons to get pissed at Microsoft's handling of the Xbone, but this is not one of them.

Oh yes it is, because it's freaking stupid. This guy got an Xbone early? So what? Who cares? He didn't deserve banning. He legally purchased his console from a legal source that albiet screwed up the realease. Not his fault, so the only people Microsoft should be mad at is the retailer.

Except he's NOT getting permabanned. He just got picked up by an automatic system, and MS said they're going to fix it. So piss off with your "they think they can just swing the banhammar when they want" nonsense. They probably just had safeguards in place to stop such a thing from happening.

When he went went online, the service was up and in full working order! That's great, good job Microsoft! He literally had no more access to anything more than all the people without an Xbone, because it wasn't released yet .

Fixed for you.

And who cares that the system was up and running? You're saying that Microsoft doesn't have the right to make sure they're working two weeks before launch? The last thing they need is a SimCity-esque server meltdown on launch day to go along with the rest of their abysmal reputation, especially when everyone has to patch out the always-on DRM.

Sure we could sympathise with Microsoft a little more should this have happened 6 months ago, but the thing releases in just a couple of weeks so oh boo hoo 'guy gets Xbone roughly same time as other people get Xbone'.

This may be news to you, my friend, but when you're releasing something as big as a whole new console, two weeks IS important, regardless of what you think. As someone else has said, shops can get into shit just for releasing DVDs an HOUR before they were meant to.

So boo hoo yourself, maybe we'd sympathise with him if he got it a day before launch, but now he can use the Xbone at EXACTLY the same time as other people.

The Youtube debacle is salt in the wound too. Microsoft has no legal claim so I hope there's some kind of appeals process.

I said the YT debacle wasn't surprising, not that it was okay. It's just another case of corporations abusing their power just because a video happens to have their logo in it, and YT taking copyright takedown claims at face value rather than bothering to find out if they're valid because it's cheaper.

Oh, and indeed Captcha, "first contact" is very fitting. Welcome to the Escapist Magazine, Snacuum!

 

[synobal]

you just have a 500$ console that can magically be turned into a brick at any time for stupid reasons.

To clarify, he was console banned. This means that the console can not access xBox Live , but it can still play purchased single-player games.

Also, to borrow a point that a lot of people brought up in the NeoGAF thread, it's funny Microsoft banned him because he pretty much brought positive PR to Microsoft by disproving a lot of the pre-release rumours that were going around.

I guess this comes back to the point in the latest Jimquisition that if people were less pretentiously vague about everything they would have much less shit to deal with.

You know it makes me kinda curious about what sort of power microsoft has over Let's plays and stuff made via the Xbox One and it's twitch streaming/youtube posting capabilities.

Since you make your let plays, via the xbone now, can microsoft take one down by claiming ownership if it is being critical of a game they want to succeed?

It's not just Microsoft. Anyone who decides to abuse the automatic take down system can do so fairly easily. Total Biscuit put together a video about this problem when his Garry's Incident review got flagged.

Ya I saw that but I was mostly wondering about games not even connected to microsoft, say Epic made a new gears of war, and say Total Biscuit made a WTF is that was critical of it could microsoft (not epic) then remove the WTF is because he made it using the Xbox 1's youtube functionality/twitch or what ever.

 

[white_wolf]

To me it just further shows how MS thinks its consumers are all pirates.

Punish Target, I do get the whole we banned you from the online market place so you can't get the downloads on things till launch but taking down their you tube videos and such? That's not their call to make its out they have to either pay the guys for being spokesmen indeed if both of them are doing so (one of them is stating favorable things about the system and answering questions) or have them sign non disclosure things and if they posted the images and videos they now need to self delete them and money should be given in compensation or if not money something else like % off at our online store given to them for this process.

 

[Funkysandwich]

I don't see how Microsoft can have a copyright claim on a video of a box.

 

[Snacuum]

Except he's NOT getting permabanned. He just got picked up by an automatic system, and MS said they're going to fix it. So piss off with your "they think they can just swing the banhammar when they want" nonsense. They probably just had safeguards in place to stop such a thing from happening.

I don't care about what kind of ban he got, it's that he did. Also there shouldn't be an automatic system for that. I can't even think of a reason why Microsoft would need a system that detects users of a working finished product using it before release for the sake of banning them. The position this man is in harms Microsoft in no way at all.

And of course they can swing the banhammer however they want. Any company that sells a service would cover their arse in the TOS that would stipulate that they can. There are plenty of stories circulating the web of people who got banned for various weird reasons; some deserved and some not.

all the people without an Xbone, because it wasn't released yet .

So we're comparing apples and oranges now? As a customer who bought a product sold that comes supplied with particular services and that's exactly what he got. I'm not comparing him to people who don't have an Xbone because they'll still exist and not matter on release - he had access to exactly what so many people who also will legally buy an Xbone will have soon. There's no reason to treat this customer any different than those people.

And who cares that the system was up and running? You're saying that Microsoft doesn't have the right to make sure they're working two weeks before launch? The last thing they need is a SimCity-esque server meltdown on launch day to go along with the rest of their abysmal reputation, especially when everyone has to patch out the always-on DRM.

Yeah, a few guys who got it early will so mess this up for them? No way. It's Microsoft's responsibility to make sure their services work regardless. In fact my point was that they have good PR if some guy who got it early has a flawless online experience. There's no need to kick him out for demonstrating that Microsoft are doing well!

Sure we could sympathise with Microsoft a little more should this have happened 6 months ago, but the thing releases in just a couple of weeks so oh boo hoo 'guy gets Xbone roughly same time as other people get Xbone'.

This may be news to you, my friend, but when you're releasing something as big as a whole new console, two weeks IS important, regardless of what you think. As someone else has said, shops can get into shit just for releasing DVDs an HOUR before they were meant to.

So boo hoo yourself, maybe we'd sympathise with him if he got it a day before launch, but now he can use the Xbone at EXACTLY the same time as other people.

But don't blame the consumer then. He did no wrong. The retailer is who broke contract and I have no sympathy for them. My 'boo hoos' are for Microsoft for being scared of one little customer and for those poor poor other customers that need to wait a week - oh the humanity!

Oh, and indeed Captcha, "first contact" is very fitting. Welcome to the Escapist Magazine, Snacuum!

Thanks. I often read the comments on some articles and well thought I may as well run around with my opinions too.

 

[Strazdas]

Microsoft deprps again. though it would have been nice if you actually stated the thigns he discovered in the article so we wouldnt have to go dig though ourselves, yes?

An unboxing video he posted on YouTube was taken down because of a copyright claim by Microsoft, which puts a "copyright strike" against his account. Three copyright strikes results in account suspension and removal of all posted videos, but even just one can lead to a loss of access to various YouTube features.

I dispute such claim. I have 4 cpyriht material claims on my youtube, two of which i have accepted as correct and vide got removed. I still retain all features, am marked as "director" (that used to allow you to post long videos back when 10 minutes limitation was in place), and can upload long videos and other things. The only thing i cant do while i have two disputable copyright claims is to attempt a partnership. But im not going to try that anyway.

So, wait, he got an Xbone 2 weeks early and decided it'd be a good idea to hook it up to the internet and let Microsoft see what he's doing with it?

.........is there some new breed of special I haven't been informed of?

You cannot use your console unless you download a day0 patch that removes the always online requirement and other features.
Connecting it to internet was the ONLY thing he could do before the patch.

You know it makes me kinda curious about what sort of power microsoft has over Let's plays and stuff made via the Xbox One and it's twitch streaming/youtube posting capabilities.

Since you make your let plays, via the xbone now, can microsoft take one down by claiming ownership if it is being critical of a game they want to succeed?

Thanks to "Awesome" copyright laws, Let's plays are technically illegal. And in fact comopanies such as nintendo and rockstar have been taking down letsplays for years.

I can only guess why they didn't just put a stop-gap "countdown" script for the activation patch on their servers.
Y'know, instead of AUTO-BANNING THE CONSOLE.

I remember sony did that for something couple years back. the script broke and around 30% of costumers could not use it, at all, till weeks later when they found a solution, which involved flashing the OS.

I don't really see the issue here. Guy got a console he knew he wasn't supposed to have, and bragged about it online. Got banned. What did he expect? Microsoft to just let it go?

I do nto see how it is his fault that he bought an item and got it shiped to him earlier than anticipated? Yes he was suppsoed to have it, thats why he bought it. he just wasnt supposed to get it that early, but he did. if anything, thats a GOOD thing.

Wait wait wait, so he gets a console early because target fucked up (anyone with a braincell would know they weren't suppose to have one yet), This genius decides to connect it to the internet and brag about on the internet, and automatic systems flag videos, and ban his console, Microsoft realise it was an honest mistake and say they're going to help the guy out, and yet.....Microsoft are the bad guys here?
Fucking Sony fanboys. If anyone fucked up here it's target. Let's not pretend that Sony would be OK with someone spilling the beans on the PS4 weeks before release and ruining any exclusive early access coverage deals they have with press outlets.

Connecting it to the internet is the only thing he could ahve done. the console would nt work without the 500 mb day one patch.
Yes micirsoft is at fault here for having autmatic system that can ban innocent people. such system should be illegal to beign with, you should not be able to take down videos just because you want to.

"he wasn't going to just roll over and accept punishment for something that clearly wasn't his fault."

Uploading pictures/videos of the system he got early is entirely his own fault.

No its not.

Except he's NOT getting permabanned. He just got picked up by an automatic system, and MS said they're going to fix it. So piss off with your "they think they can just swing the banhammar when they want" nonsense. They probably just had safeguards in place to stop such a thing from happening.

If you need to create a shitstorm in order to drive enough attention to get innocent person unbanned by a broken autmated system, then there is massive faults in the whole system and it does swing the banhammer whenever it wants, in fact, it seems to do this randomly. this is a PROBLEM.

 

[josemlopes]

All Microsoft did was temporarly disable Xbox Live connection until the launch day, from Major Nelson's blog:
"these consoles units will be restricted from connecting to Xbox Live until closer to our launch date."

Is that so wrong and even worth calling a ban? I mean, if I somehow got access to a Steam game earlier should I be mad that they block that game for me until the release of the game? When I bought the game I knew and agreed that I would get it at release date so for them to keep that agreement active is wrong somehow?

The guy isnt being penalised, he still gets his fully functional console the same time he was supposed to get it.

 

[RikuoAmero]

I don't really see the issue here. Guy got a console he knew he wasn't supposed to have, and bragged about it online. Got banned. What did he expect? Microsoft to just let it go?

And remotely banning an Xbox account is a feature that's been around since the 360, it's nothing new.

I get that Target shares some blame in it, but that doesn't absolve this guy of all responsibility. It's like if someone left the keys in their car and you just drove off with it, then posted selfies all over facebook. You wouldn't just get off scot-free.

I'm not praising Microsoft or anything, but I think they're justified in trying to keep the console under-wraps from the public until official release.

Also I think this guy probably would have been fine if he didn't blatantly brag about it over social media. He wouldn't have had his account banned and would have been able to enjoy the console early in private.

Sorry, sorry, but I just had to quote you and correct you. You are so full of wrong here. First off...why is it wrong to brag about getting a machine before launch day, especially if you're not the one responsible for the delivery? If the recipient had signed an NDA of some sort, sure, then he'd be under contract not to talk about it. But he didn't. All he did was pre-order a machine, and the store delivered it to him early by mistake (if someone can provide evidence of this being some sort of PR stunt or conspiracy, feel free to throw it up here)
Banning the console is alright? Why would Microsoft do that? Right now, he's probably the only guy in the world with a non-dev kit Xbox One that (was) able to access the global One Live (versus dev kits that more than likely had their own Xbox One Live intranet that was segregated from the global internet). He's not griefing or trolling any other players, mainly because there aren't any.
As for your analogy about the keys in the car...that would involve THEFT. Which did not happen here. If I leave the keys in my car, and you drive off with it, you have stolen my car. This guy PAID for the console, the store delivered it...so where is the theft here? The store is the one at fault, they were under contract from their supplier/Microsoft to only ship the console in time for the release date. The guy being delivered to IS NOT AT FAULT. At all. He did not arrange to receive the console ahead of time.

As for getting his account banned...read the article. It was a machine ban, not an account ban. He was able to access the very same account on his 360. As for bragging about it...who wouldn't? The most talked about home console in recent years, you get one early, who wouldn't talk about it?

The one line I have the most problem with is "but I think they're justified in trying to keep the console under-wraps from the public until official release."
That can only be true for people and groups under their direct control or under contract with them. Microsoft employees? Yes. PR spokespeople? Yes. Out-sourced marketing companies? Yes. Resellers of their console? Yes. End customers who have literally no contract at all with Microsoft? No. In fact, I would be very surprised if the customer's EULA/TOS/legalese document that they see upon initial bootup contains a clause saying "Thou Shalt Not Use this Before Official Release Date".
I'm not going to get either console myself, but if I were in this guy's shoes, I would have done the exact same thing. I would have opened the box, taken photos and video of it, hooked it up just to see if I get any sort of online service. I would not have looked at the box and said "Ya know what, I'm not going to, I'm going to wait until the release date like a chump, instead of bragging that I got the console early through no fault of my own".

 

[Techno Squidgy]

Even if you get VAC banned you can still use Steam, just not multiplayer.

Actually with Valve games you can still play multiplayer, just not on VAC-secured servers. Though I assume other games that use Steamworks would ban you from the multiplayer.

 

[TecnoMonkey]

Fucking Sony fanboys. If anyone fucked up here it's target. Let's not pretend that Sony would be OK with someone spilling the beans on the PS4 weeks before release and ruining any exclusive early access coverage deals they have with press outlets.

Well, Shuhei Yoshida said on Twitter that anyone that receives a PS4 early and connects online wouldn't banned, so yeah they would be OK with that at least.

 

[Zer0Saber]

I'm gonna sound like a fanboy here but isn't sony giving out PS4s early as prizes? (Taco Bell)
They're already selling PS4 games on the Network and my friend got his copy of Killzone in the mail last week.

 

[Something Amyss]

you just have a 500$ console that can magically be turned into a brick at any time for stupid reasons.

In fairness, if you didn't know that going in there is something very, very wrong.

To clarify, he was console banned. This means that the console can not access xBox Live , but it can still play purchased single-player games.

Wait, doesn't he need a patch distributed on Xbox Live to do that, though?

Microsoft is getting praise for this? We're supposed to be pleased their "Oh @#$%, we take it back, we take it back!" PR reflexes are getting honed to a razor keenness?

Microsoft's set the bar so low that not releasing their army of mutant hellhounds is enough for praise these days.

Kind of like how it's more impressive that Bart Simpson gets a C than when Lisa gets another A.

 

[Something Amyss]

Fucking Sony fanboys. If anyone fucked up here it's target. Let's not pretend that Sony would be OK with someone spilling the beans on the PS4 weeks before release and ruining any exclusive early access coverage deals they have with press outlets.

Sony, the company that's giving out early access consoles as prizes? Yeah, no way would they let people get away with early access and "spilling the beans." This is clearly a fanboy issue, logic be damned!

 

[lacktheknack]

Wait wait wait, so he gets a console early because target fucked up (anyone with a braincell would know they weren't suppose to have one yet), This genius decides to connect it to the internet and brag about on the internet, and automatic systems flag videos, and ban his console, Microsoft realise it was an honest mistake and say they're going to help the guy out, and yet.....Microsoft are the bad guys here?
Fucking Sony fanboys. If anyone fucked up here it's target. Let's not pretend that Sony would be OK with someone spilling the beans on the PS4 weeks before release and ruining any exclusive early access coverage deals they have with press outlets.

This.

I'm stunned that people are currently trying to make out that Microsoft is still evil and not laughing their guts out at the genius who freaking did an unboxing video of an unreleased product that he then connected to the internet.

 

[mKeRix]

This article makes it sound wrong.
His console is fine, he can play without problems. It's only tempbanned from connecting and playing on XBox Live till the launch, note that the console is tempbanned, not his account. Apart from that the guy also was invited to the launch event by Major Nelson as apology for the inconvenience.
This is a perfectly normal business practice and nothing any other company wouldn't have done. The backends aren't finished yet, that's just how it is.

 

[Jadak]

So, wait, he got an Xbone 2 weeks early and decided it'd be a good idea to hook it up to the internet and let Microsoft see what he's doing with it?

.........is there some new breed of special I haven't been informed of?

Yeah, how dare he take the the thing he legitimately bought and actually use it!! What a moron, thinking he has the right to use things he purchased, what a tool.

Definitely pushing his luck with all the media uploading, and perfectly reasonable for MS to cut off online access since it isn't release yet, but absolutely nothing stupid about trying to use the thing you bought just because it arrived early.

 

[shrekfan246]

Fucking Sony fanboys. If anyone fucked up here it's target. Let's not pretend that Sony would be OK with someone spilling the beans on the PS4 weeks before release and ruining any exclusive early access coverage deals they have with press outlets.

What does Sony have to do with this? Other than a completely arbitrary and ridiculous console war, that is? And why is it that anyone who has any problems with Microsoft (who have repeatedly screwed over PC gamers, I'd point out) is automatically a "Sony fanboy"? I own a PS3. I also own an Xbox 360. Any ill feelings I have toward Microsoft aren't because of some childish rivalry.

I'd like to know which part of the terms he violated, actually. It seems strange that they'd have a clause in there about using the console before the launch date. Especially since in order to read and agree to the terms you would have to use the console.

Most like it's similar to NDAs that reviewers and critics agree to. The industry is astoundingly tight-lipped, even when it comes to positive press; If they can't control the information flow they'd rather just have it stamped out. That's not to say the guy wasn't also acting stupidly by pasting this stuff all over his gorram Twitter feed, and I'll be surprised if he didn't expect some sort of reaction from Microsoft over it.

 

[Something Amyss]

I'm stunned that people are currently trying to make out that Microsoft is still evil and not laughing their guts out at the genius who freaking did an unboxing video of an unreleased product that he then connected to the internet.

Yeah, because of all the precedents, such as....

Ummmm....

Errr....

Oh, I'm sure you have dozens if you think this is so stupid.

What does Sony have to do with this?

It's a smokescreen. "Sure, this product I like did something wrong, but everyone else's product is just as bad!"

Also, keep in mind that while this argument is kind of absurd to begin with, Sony was giving away early access PS4s as part of a Taco Bell promotion, so it's actually outright false on top of being absurd.

 

[Something Amyss]

-SNIP-

Your sarcasm would be merited if we needed to see into the future for this.

The fact is we've known about Microsoft's capacity to "pull the plug" as long as we've known details about the Xbone. We've had warnings about this, and it's one of the primary reasons people railed against the 24 hour check-in. You don't need to be a precognitive, you just need to be an informed consumer. One would think you could even pick this up simply by posting in gaming discussion threads.

Unfortunately for your response, the writing has been on the wall for a while, and we outright knew that Microsoft had this kind of control. Yeah. I'm a pretty big fan of sarcasm, but yours is completely baseless.

Or, in other words....

Yeah! Who could have possibly foreseen a console that was built around daily check-ins that can disable your ability to play games disabling your ability to play games? Aside from all the angry gamers, editorials and critics, who could have possibly seen this coming? Who knew Microsoft had this kind of power or control with the XBone?

Except, I don't know, almost literally everyone!

Seriously.

 

[GryffinDarkBreed]

the images on the article are screwed up.

that leaves a sour taste in every customers mouth.
you just have a 500$ console that can magically be turned into a brick at any time for stupid reasons.
i think its better to keep the money and use it for a short hookers, blackjack and drugs weekend instead.

Fun fact: The PS3 and Xbox 360 can also be banned by system ID number. This isn't a new thing. In fact Microsoft banned consoles until the year 9999 when people played Halo 3 prior to the release date.