Is Xbl Banning Legal?
Posted 22 October 2004 - 09:40 AM
But what I'm wondering is this; is the way they're going about banning people legal? MS has absolutely NO right to look on our hard drives. Nor do they have the right to download ANYTHING on our hard drives without our consent. That's why any game that requires an update will ask you first if you want to download such content. If you don't agree to the downloading of that content you can say no, you just won't be able to play that game. That's your right.
So I think we should all band together, maybe get a lawyer on our side and find out exactly what they are doing to ban people. I really think they're looking at things on our hard drives they don't have the right to look at. Once that Xbox leaves their factory it's no longer theirs. Which means that any entry into that Xbox is an invasion of privacy. What they're doing amounts to tresspassing. And legally we have the right to shoot tresspassers on our property.
I say load your guns and shoot to kill. Just because Bill Gates is a billionaire doesn't mean he's above the law. I hope someone from M$ is reading this too. I'm sick of corporations getting away with bullying people around and trampling on their rights.
What's next TIVO checking all our machines to make sure that we're not recording football games without the express written consent of the NFL and the station airing the game? I mean come on.
Posted 22 October 2004 - 09:47 AM
As long as they state in their terms & conditions what they are doing then they can do it.
MS aren't idiots, they wouldn't risk getting sued over something so stupid, it will be in their terms & conditions hidden away somewhere
Their fighting fire with fire innit
Edited by Midget^, 22 October 2004 - 09:47 AM.
Posted 22 October 2004 - 02:48 PM
Posted 22 October 2004 - 04:35 PM
Posted 22 October 2004 - 05:22 PM
Posted 22 October 2004 - 08:17 PM
Posted 22 October 2004 - 08:48 PM
But back to the point at hand. I'm not looking for any sort of monetary gain here. I don't want any money. I just don't like the idea of MS illegally using its' network to look inside my machine. Plain and simple.
Someone mentioned that MS owns the network therefore they can do what they please. Not true. It's very similiar to a landlord and his tenant. A lanlord CANNOT enter a tenants' home without giving that tenant 24 hour notification. Eventhough the landlord owns that property his rights to do what he pleases with it are limited. It's like this; your right to swing your arm ends where my nose begins.
Posted 22 October 2004 - 10:05 PM
Posted 23 October 2004 - 01:43 AM
They can ban whoever they want for any reason they want, it's their network. But they CANNOT I repeat CANNOT scan your harddrive for ANYTHING. And since they're basing these bannings on these illegal scans they can't legally ban you. If that makes sense to anyone.
It's like being fired because your boss broke into your house and caught you smoking pot. Yes you can be fired for smoking pot but the way he went about obtaining the information he used to fire you is illegal. So if a court case you would win.
Posted 23 October 2004 - 02:13 AM
Posted 23 October 2004 - 02:25 AM
Posted 23 October 2004 - 02:27 AM
One more thing, If a person looks like they are doing crack because of a stereotype, or in modders world, because they have a 007 save or mechassault ...its not right for them to arrest you because of potential, as it would not be right for MS to search find the saves and automaticallly believe you were trying to softmod... Its wrong ... and the laws of America have not caught up to technology.
Edited by JORT, 23 October 2004 - 02:35 AM.
Posted 23 October 2004 - 02:32 AM
|QUOTE (trentdadi @ Oct 23 2004, 03:16 AM)|
|Even if you did end up sueing, i can gaurentee you wont win. How do you think OJ got away with murder? The answer is a really fuckin good attorney and OJ doesnt make anywhere near what MS would be able to spend on a lawyer.|
First of all, the lawyer used a technique usually shunned by the "Lawyers of America" and bring race when it comes to the Jury. Amazingly enough when their is 12 white males on a jury when convicting a black male....seems to be wrong. He may of got away with murder, but it is our courts who failed to protect us for so many years.
Posted 23 October 2004 - 02:37 AM
|MS may, among other things: (a) restrict or limit access to the Service; ( B ) retrieve information from the Xbox used to log onto the Service as necessary to operate and protect the security of the Service, and to enforce this Agreement; and © upgrade, modify, withdraw, suspend, or discontinue any functionality or feature of the Service or any game from time to time without notice, which may involve the automatic download of related software directly to your Xbox, and which software may prevent your Xbox from accessing the Service.|
Maybe you should call a lawyer instead of giving away yor opening statement on a public fourm.
Edited by heinrich, 23 October 2004 - 02:37 AM.
Posted 23 October 2004 - 03:31 AM
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