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Banned Xbox Live Users Class Action Investigation *Update*

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#31 phistyle


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Posted 19 November 2009 - 07:11 AM

class action law suits are stupid....you're not the one that will be on the winning end, it's the lawyers.....even if you get back your measly $50 xbox live subscription, the lawyers will walk away with millions....

#32 djkneegrow


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Posted 19 November 2009 - 07:15 AM

It seems more like the lawsuit is because the law firm is saying that M$ knew about these systems that were modded but waited to ban people to try and make more money since Halo ODST and MW2 came out within a few months of each other so M$ wanted to make people have to buy new systems because of being banned. I have a banned system and see nothing wrong with M$ saying I cannot play on that system online, but the fact that they seem to wait until the holiday times seems suspicious that they don't, or didn't, do this ban wave in like June or April, but waited until holiday bundles and the MW2 system came out to do it. That is the only part I don't like and I can see how any law firm would see that and say they are trying to bump sales during Christmas shopping time and during the launch of what may be the best selling game of all time in MW2. I think when we all see the sales numbers for the 3 big companies for the month of November and December, the 360 will be on tops again which only makes M$ look good during the biggest shopping time of the year. October they were below the other two big consoles. Maybe that is the big reason for a lawsuit is because of M$ doing the bans right now to inflate numbers. It's just a thought as to why any sort of lawsuit would come now so I am in no way saying this is the reason, just a thought that's all.



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Posted 19 November 2009 - 07:23 AM

QUOTE(Puffer @ Nov 19 2009, 06:17 AM) View Post

Lets not forget that the HDD installs are NOT part of the original functionality of the hardware, but an added benefit given by MS through a system update. So, technically, no they didn't limit the hardware, they returned it to its original state.

Lets not forget that update that makes the HDD installs possible will be spread out also on gamedisks, and is indeed a added benefit given by MS through gamedisks.
They UPgreaded the hardware and now took a hammer and smashed the HDD, they returned it to the original state.

Edited by BEVEL, 19 November 2009 - 07:25 AM.

#34 xbones


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Posted 19 November 2009 - 07:24 AM

ok how about this example? You are a father of a 12 or 16 year old. You obviously have to pay the subscription fees for your son/daughter... The xbox gets banned and/or the live account with it. You have no idea why because you never did anything with it (maybe the kids did).. Anyway you call microsoft to get your money back because you just purchased 12 months on live 2 weeks before the banning and now your children can't play it.

The person who paid never did anything wrong and they were the one who abide by the contact.. The kids can't be held accountable and the parents didn't do anything wrong..

Shouldn't they get their money back for time they didn't use?

I think that's more what this lawsuit is protecting. The kids who use the xbox 360's aren't always the ones paying the bills.

#35 rastaman108037


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Posted 19 November 2009 - 07:29 AM

QUOTE(phistyle @ Nov 19 2009, 01:11 AM) View Post

class action law suits are stupid....you're not the one that will be on the winning end, it's the lawyers.....even if you get back your measly $50 xbox live subscription, the lawyers will walk away with millions....

Yes, but Microsoft will likely not be able to ban us anymore. Still a win IMHO

Of the many things people sue for, I'm surprised it took this long for this one to happen. I mean, disk scratching? Unless you're epileptic and need to cling to the xbox while playing a game, your disk isn't going to scratch.

@dezfarfa - Calm down killer. Some of us don't feel like reading an article when we could be doing other things. It's common to read a headline and make an assumption. Is it really such a big deal that you need to go nazi?

Also about the "re-distributing". If I didn't get my own console back *fixed* I got back a brand new one. I've sent in four "used" consoles so far. Don't know where you get your information.

Don't ask me why I know it was my console I got back smile.gif

Edited by rastaman108037, 19 November 2009 - 07:37 AM.

#36 dezfarfa


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Posted 19 November 2009 - 07:31 AM

This message pertains to any ignorant fool that posted reply's in this thread saying that M$ is right and this lawsuit is bogus! How did you all pass to the 1st grade? Read the details of the suit! IT HAS NOTHING TO DO WITH THE PROCESS OF BANNING MODIFIED CONSOLES! RATHER THE TIMING OF M$ SHUTTING THE ACCOUNTS DOWN WAS TOO CONVENIENT! Let me break it down in leymens terms because I'm sure there will still be some ignorant posts to follow. M$ already had a database filled with those of whom there consoles were modified for quite some time now! They found it in there best interest to wait until the end of the year and take action during the holidays in which blockbuster games were set to be released to make profits skyrocket ten fold. How you might ask? Well, people that have banned consoles are going to purchase ANOTHER console! Not just an Arcade 360 but one with a new HD, meaning $299 straight out of pocket! That on top of the purchase of MW2! If any of you remember the ban that took place last year was also around this time. COINCIDENCE? OF COURSE NOT!! M$ has thee best marketing group on the face of this planet! EVERYTHING IS SET UP TO MAKE MORE MONEY! Let's not forget about the RROD. All M$ did is avoid legal action by increasing there warranty 3 years only to redistribute refurbished consoles with the EXACT SAME PROBLEM! M$ never addressed the core issue! We assume that the Jasper is finally a revision that will out due a 3 year or less life span! Seriously, people M$ does not deserve any sympathy or compassion! Educate yourselves!

Edited by dezfarfa, 19 November 2009 - 07:39 AM.

#37 Mozbius


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Posted 19 November 2009 - 07:32 AM

Well DAMN! I never that one coming! Fact is that such class action definately does have potential to be successful!

#38 Darkelysium


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Posted 19 November 2009 - 07:35 AM

A) By corrupting your saves for use on other consoles they are technically damaging your property.

cool.gif Banning a console from life for violating the tos would be viewed by many in the legal community as blocking the owner of the console from the service and would require a refund as returning access to the service technically costs $200 and that valuation exceeds the value of the service cost.

C) The install feature is included in all new units and is therefore retroactive on all old units. I.e. it is a feature that one paid for in the purchase of the 360 (free updates) and therefore microsoft can not technically deprive you of this garnered functionality (once given)without violating the consumer protection act as well as possibly a number of other laws.

D) Microsoft has crossed the line as much as those who have modded their boxes and two wrongs don't make a right in court.

E) proving you used your modded xbox360 for copyright infringement is a very difficult and costly proposition as they would have to literally catch you with physical copies of the game. Searching hard drives, houses, etc for said evidence would be time consuming and cost exhorbitant amounts of money, as well as violate privacy laws. Microsoft may have a lot of money but they don't have enough to sustain this type of action. As for records of playing possible burned games. It would be a battle of the experts and without physical evidence would end up being all uphill for microsoft.

F) As much as people are like "you took the risk modding your box quit whining", I'd like to remind them that no matter what no one is above the law, not even Microsoft, so banning people people is completely legal but changing the functionality of the modded 360 in regards to the hard drive is essentially damaging the product. And for those who keep going the hard drive isn't damaged, you are correct it is physical nand in the 360 that has been damaged, and the corrupted saves and profiles are damaged which is a biproduct of what for all intents and purpose was an illegal middle finger from microsoft. Yes I say illegal because it is.

#39 bubbafett4hire


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Posted 19 November 2009 - 07:36 AM

The refund factor does play into the the idea that even with a legit customer bans which does and has happened M$ response will and has been " Your account is not banned just your system , recovering your gamertag on a unmodified system will allow you to use it" so basicly there telling people to use what they paid for they need to spend another $200 on hardware to access there pre paid purchase.

I could care less about a class action suit for sub refunds most true pirates spend more then $50 a pop on burnable media. I got my money back by canceling my account as soon as I was banned so I am squared away with M$ for my sub. The more important factor that this lawsuit doesn't cover is the paid arcade titles that people have paid money for that M$ has cut them off from.

As for people hesitant about signing up for a lawsuit for fear M$ will ger there personal info , M$ can just pull it from there servers , I bet 50% if not more of people who were banned paid for subs or other content from their credit cards

#40 Mr.RedRing


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Posted 19 November 2009 - 07:47 AM

Guys, I can't believe im saying this...

...but unless the HDD crippling and Media Center crippling is brought into this, I think we need to stand up for Microsoft here.

MS had every right to ban systems, regardless of what date they did it.

#41 lrod2344


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Posted 19 November 2009 - 07:50 AM

QUOTE(Puffer @ Nov 19 2009, 06:10 AM) View Post

Honestly, I see no good coming of this. The TOS for Live are very clear and if you were using a modded console with a legit backup or a non-legit one there is no difference. You chose to modify their hardware and use it on Live. While I'm not happy about it, MS owes us no refund, partial or full. The HDD crippling is crappy on their part, yes, but again, it is their hardware to do with as they please.

And for the record, yes, I was banned too.

I agree MS can do what they want with their service....but I PAID for my xbox...and my hdd..... the TOS doesnt say anyhting about HDD crippling..... Im not a lawyer but I dont think a company can amend their TOS without the end user first agreeing to the terms.... MS may have goofed that part up and since the Federal Government just LOVES em soooo much......... I guess they'll wind up losing SOMETHING..... we'll see.

#42 prmaster


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Posted 19 November 2009 - 08:05 AM

Let see people if you were able to put the original dashboard
included in the 360 into a brand new jasper do you guys think
it will be able to install games to the HDD???

If you intelligently answered NO then stop crying about the HDD feature
crippling, i know it is mean from M$ but they can do it as it has never being a
100% hardware feature.

And im so surprise for the reading comprehension in this thread,
for god sake they are investigating into timing of the bans not why
you guys were banned or what features they took from you.

Edited by prmaster, 19 November 2009 - 08:08 AM.

#43 americanv8


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Posted 19 November 2009 - 08:06 AM

QUOTE(xrkahn76 @ Nov 19 2009, 05:09 AM) View Post

I just want to point out that it is talking about Live service, not the console itself. We all know they are not banning gamertags! That would be foolish since you could easily spend $50 to get back online on the modded systems!
This is a real low for this community! Before you come back screaming and bitching"I didnt do that" or Cry foul, I am not talking about all of you, just MOST of you. I don't care if you modded your box, or if you own legit copies that you back-up! MOST of you need to man up and move on! I know that is pretty much not going to happen! it is more disturbing to me that there are dozens of identical posts because YOU, yes YOU cannot scroll down and find the thread that already exists and add to it. Instead, you start up a duplicate thread, potentially burying important information!
GROW UP PEOPLE! YOU KNOW WHO YOU ARE! Those of you getting all defensive claiming you are innocent just reminds me of "HEY STUPID" and you are the one that looks!

As for the lawsuit, make sure you really know what you are signing up for! For most of you, like the TOS, it will be something you will skim over and click ok, only to face the sad reality that you are only digging a deeper hole!

What about the people who've got unmodded consoles & have been banned? Got one in our office at work, store he bought Forza 3 from broke the street date & he played it a few hours early. Result = banned.
He's done nothing wrong.

#44 iceman72



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Posted 19 November 2009 - 08:09 AM

Epic fail. Bottom line is if you wanna mod your box then keep it off live. I dont blame Microsoft. Hell I pay for my subscription and games. I dont want to play with some hacks that may have hacked the game or what ever. Who know. But these people are tards for putting hacked 360's on live anyway.

#45 spinr34


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Posted 19 November 2009 - 08:16 AM

QUOTE(americanv8 @ Nov 19 2009, 12:06 AM) View Post

What about the people who've got unmodded consoles & have been banned? Got one in our office at work, store he bought Forza 3 from broke the street date & he played it a few hours early. Result = banned.
He's done nothing wrong.

if he was banned for playing a legit copy of forza 3 early and not for modding his console, then he should be able to submit a copy of his receipt to xbox and be unbanned. at least, that was the rumor. forza 3 bans happened before the modded console wave ban.

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