Author Topic: Legal firm 'investigating' Xbox Live bannings  (Read 1510 times)

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Offline GamerMan316

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Legal firm 'investigating' Xbox Live bannings
« on: November 20, 2009, 01:15:11 PM »
AbingtonIP feels the timing was a cynical attempt to get players to buy new Live accounts.

AbingtonIP, a legal firm, is conducting an investigation "regarding business practices of Microsoft with respect to its recent cancellation of certain modified Xbox consoles for use with Xbox Live."

Microsoft's recent bannings of modified 360s isn't news, as it's been widely reported in mainstream media. However, this is the first legal rumblings since the crackdown.

While AbingtonIP acknowledges that "modification of Xbox consoles is arguably against the terms of use for Xbox/Xbox Live", they argue that "Microsoft 'conveniently' timed the Xbox console ban to coincide with 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".

That's the crux of their argument. And it's a strange one, as they themselves have admitted that modded consoles are against Microsoft's own rules. Still, you got to love opportunists, eh?



Offline nCogNeato

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Re: Legal firm 'investigating' Xbox Live bannings
« Reply #1 on: November 20, 2009, 01:32:59 PM »
... they argue that "Microsoft 'conveniently' timed the Xbox console ban to coincide with 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".

My apologies, modding community.  What time would be best for you?!?!?

What a bunch of idiots. 


Offline Failed

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Re: Legal firm 'investigating' Xbox Live bannings
« Reply #2 on: November 21, 2009, 05:13:19 AM »
3 months before MW2, so we can find a fix before it's released please :P

Offline GamerMan316

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Re: Legal firm 'investigating' Xbox Live bannings
« Reply #3 on: November 21, 2009, 09:18:58 AM »
Whitten: Xbox Live banning 'a cat and mouse game'



Speaking to VentureBeat, Xbox Live general manager Marc Whitten discussed the recent round of Xbox Live bans. According to Whitten, banning users from Xbox Live is "a cat and mouse game." Said Whitten, "These were people that were pirating software." He added that Microsoft looks at banning users "from a safety and anti-cheating perspective" and that the company looks out for its partners. Responding to the widely reported story that Microsoft banned over a million Xbox Live users, Whitten said that the figure is inaccurate. "I cannot explain to you why people would think it was a million people," said Whitten, then adding quite succinctly, "It wasn't a million people."

Whitten went on to state his belief that Microsoft does "a really good job" of monitoring the activity on Xbox Live, specifically in terms of piracy and online harassment. He concluded that the company is "committed to making [Xbox Live] better and better."

The interview also covers the recent integration of Facebook on Xbox, the effect Modern Warfare 2 had on Live activity (hint: a big one) and whether or not we'll be playing Facebook games on our consoles anytime soon. Don't expect a straight answer on that last one though, as the closest Whitten gets is, "In the future, they will move much closer together."


Offline xnightcrawlerxx

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Re: Legal firm 'investigating' Xbox Live bannings
« Reply #4 on: November 22, 2009, 07:49:55 PM »
In response to a possible class action lawsuit resulting from a recent round of Xbox Live bans, Microsoft has now asserted the legality of its position. A spokesperson has told the Financial Post that piracy is a violation of the company's terms of use and that Microsoft is "well within its legal rights" to ban users from its Xbox Live.

It was reported earlier this month that the law firm AlbingtonIP is "investigating" the possibility of a class action lawsuit against Microsoft over the bans. The firm argues that timing of the bans -- shortly after the release of Halo 3: ODST and just prior to the launch of Modern Warfare 2 -- was designed to get as much money from Xbox Live subscriptions as possible. In other words, the firm believes that Microsoft personally waited for a time when many people -- modders in this case -- would be purchasing Live subscriptions for popular games -- money that probably wouldn't be refunded after a ban.

Joystiq's Law of the Game columnist, Mark Methenitis, classified the suit as a likely "cash grab," explaining that anyone savvy enough to mod an Xbox would know to stay well away from Xbox Live. We might add that major releases, like ODST and Modern Warfare 2, are the biggest targets for piracy, and likely correspond with rises in illegal downloads. And that just might have something to do with the timing of the bans in question.



the only thing more ridiculous than a possible impending lawsuit over the bans is the need for MS to make a public statement defending its position imo.

Offline GamerMan316

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Re: Legal firm 'investigating' Xbox Live bannings
« Reply #5 on: November 23, 2009, 06:05:38 AM »


Offline KoreRupt

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Re: Legal firm 'investigating' Xbox Live bannings
« Reply #6 on: November 23, 2009, 06:38:28 AM »
I have to say though Microsoft do think of us paying customers alot,  We have more content than any other games console online and more games, they spend money to get us exclusives,  they kick/ban cheats to try to keep our playing field level.

All in all they do all this and still make a sh*t load of money,  Yes xbox live could be free.. but.. it pays for all those fancy vids we get on the marketplace :) and content!

Honour, Respect, Loyalty.


Offline Failed

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Re: Legal firm 'investigating' Xbox Live bannings
« Reply #7 on: November 23, 2009, 07:25:32 AM »
content is king, especially free content. Let's not forget all the free stuff they give us.

On another free issue, EA ... YES EA! are giving the new SHIFT DLC away free ... supposedly... it is EA after all.

Offline xnightcrawlerxx

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Re: Legal firm 'investigating' Xbox Live bannings
« Reply #8 on: November 23, 2009, 10:15:56 AM »
content is king, especially free content. Let's not forget all the free stuff they give us.

On another free issue, EA ... YES EA! are giving the new SHIFT DLC away free ... supposedly... it is EA after all.

i wouldnt hold my breath

Offline nCogNeato

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Re: Legal firm 'investigating' Xbox Live bannings
« Reply #9 on: November 23, 2009, 02:17:20 PM »
I noticed that EA has worked out some sort of self-hosting system with Xbox Live.

Example:  Dragon Age DLC can be purchased/downloaded from the Xbox Live Marketplace OR from the EA servers in-game.

The problem with this is that you could potentially buy the same thing twice if you aren't keeping track of what you're buying (which you should be doing anyway).  The good thing is that this may give EA more control in their DLC pricing, as opposed to the mandatory Xbox "service fee" to developers/publishers for making content availalbe to purchase over Xbox Live.

I guess time will tell.


Offline KoreRupt

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Re: Legal firm 'investigating' Xbox Live bannings
« Reply #10 on: November 23, 2009, 03:41:09 PM »
I swear when EA publish a game they make the developer make DLC before they make the game.. :/  Like I remember seeing Fifa DLC the DAYBEFORE it came out.. /facepalm.  >:(

Honour, Respect, Loyalty.


Offline GOTHICMAN

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Re: Legal firm 'investigating' Xbox Live bannings
« Reply #11 on: January 10, 2014, 10:12:19 AM »
it aint gonna happen yer taking on the biggest most richest man in the world

 

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