Banned Xbox Live Users Class Action Investigation *Update* Options

[Xbox-Scene]

Banned Xbox Live Users Class Action Investigation *Update* Posted by XanTium | November 18 23:53 EST | News Category: Xbox360

Abington IP, a law firm specialising in consumer class actions posted this on their website. *Update* They updated their text (also including HDD Crippling now. Still no diff made between GT and Console Bans however). Here's their new txt: [QUOTE] An investigation is currently being conducted regarding business practices of Microsoft with respect to its recent cancellation of certain modified Xbox consoles for use with Xbox Live. As has been reported widely in the media, tens of thousands of Xbox owners have had their modified Xbox consoles banned from Microsoft's online gaming service Xbox Live. Although modification of Xbox consoles is against the terms of use for Xbox/Xbox Live, Microsoft "conveniently" timed the Xbox console ban to occur just after 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. This "convenient" timing may have resulted in more Xbox Live subscription revenues for Microsoft than it would have generated had these Xbox console bans taken place at some time before the release of Call of Duty: Modern Warfare 2 and Halo 3: ODST. Additionally, sales of both Call of Duty: Modern Warfare 2 (published by Activision) and Halo 3: ODST (published by Microsoft Game Studios) would likely have been greatly diminished had the Xbox console ban occurred prior to the release of these games. Additional *reported* problems resulting from the bans include, but are not necessarily limited to: * Disabling/altering Xbox functionality *NOT* associated with Xbox Live (HDD functionality for example), * Disabling/altering Xbox functionality *NOT* associated with piracy, * Obtaining information from Xbox consoles without permission of the owner, * There are other problems/consequenses associated with these bans that have been reported here and elsewhere. As an aside, PIRACY IS A LEGITIMATE CONCERN for Microsoft and other content producers -- however, (to use a poor analogy) Microsoft has chosen to use one of the most indiscriminate "weapons" in its arsenal in an effort to combat piracy -- as a result, the use of this "weapon" has resulted in a great deal of collateral damage -- many people were affected who had nothing to do with piracy and Xbox console functions that have nothing to do with piracy were also affected or disabled. Details aside, Microsoft's bans could have been more measured. If you are an Xbox Live subscriber, had your modified Xbox console banned from Xbox Live, were not refunded a prorated sum for the time left on your subscription or have experienced other problems as a result of being banned, and would like to participate in a class action against Microsoft, please submit your information below. [/QUOTE] Full Story/Submit Form: abingtonlaw.com

[The_Flash]

Interesting. Nothing in regards to corrupting hard drive files or the removal of the ability to install to the hard drive though.

[XanTium]

Interesting. Nothing in regards to corrupting hard drive files or the removal of the ability to install to the hard drive though.

yea, I'm surprised too ... the HDD Crippling would make more sense than what they are trying to go after.
They are probably clueless about the whole thing ... maybe someone should inform them.

[Misterturtle]

Hahaha, i love it lol, i'm getting in on this

And yeah, I think a good part of the case might be a friend witbout live hooked up a hard drive to a banned console not knowing about hard drive corruption, signed in, then back in his xbox and then his profile is corrupt and he cannot recover it because no live.

[makavelif50]

I do not agree with this crap at all. It's simple if you mod your 360 it will get banned plain and simple. I agree with what Microsoft has done. Everyone by now should know the risks of modding your xbox, and if you understand the risks then you should wine, cry, or whatever when Microsoft bans your console. If you really must mod an xbox keep it offline and buy one just for online play. I mean if you mod it your going to end up buying another one anyways.

[sgr215]

While I don't like frivolous lawsuits, I believe this class action lawsuit will only benefit the community as a whole. I also believe it's a legitimate lawsuit. The most important bit of information I gathered from this is "were not refunded a prorated sum for the time left on your subscription". Microsoft could have prevented this suit but they got a little too greedy and thus may end up paying for it in the end. I realize their TOS may have covered them in situations like this but a lot of people fail to realize that while a TOS may hold some sort of legal protection it certainly isn't bulletproof. Such a clause in their TOS could be deemed unfair and I'm assuming that's the primary complaint here. I'd urge anyone banned who didn't receive a refund for the remainder of their subscription term to forward their information but that's just me. Realistically, even if this case is won you'll only see a few dollars but it'll most likely improve Xbox Live in the process.

This post has been edited by sgr215: Nov 19 2009, 06:11 AM

[tactical]

Yeah, it doesn't seem like the Law firm knows anything about the bannings, just that lots of 360's were banned.
The live account is still active but the modded xbox can't use the account to access it. And I believe that MS will refund the money from LIVE that is not used.
I think they are mixing up the EARLY GAME PLAY gamertag ban with the xbox mod ban.
In either case, I think if they look into this area, that they could come up with interesting way to spin to make a class action suit.

This post has been edited by tactical: Nov 19 2009, 06:10 AM

[xrkahn76]

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!

[Puffer]

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.

[biscoito]

And please don't forget to send all the information so Micro$oft can counter sue you for copyright infringement

[sportz103]

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.

Once you buy it its your hardware. While this lawsuit is stupid, as modding the system clearly violates the TOS and they are perfectly allowed to ban you for that. The HDD crippling though is something that would be a much more reasonable complaint. A piece of hardware had its abilities lessened because you violated an agreement that had nothing to do with that piece of removable external hardware.

[biscoito]

The HDD crippling is crappy on their part, yes, but again, it is their hardware to do with as they please.

Not theirs, mine, I bought and paid for it

[xrkahn76]

Yeah, it doesn't seem like the Law firm knows anything about the bannings, just that lots of 360's were banned.
The live account is still active but the modded xbox can't use the account to access it. And I believe that MS will refund the money from LIVE that is not used.
I think they are mixing up the EARLY GAME PLAY gamertag ban with the xbox mod ban.
In either case, I think if they look into this area, that they could come up with interesting way to spin to make a class action suit.

If your gamertag was banned for playing a game early, any lawyer would jump on the case, provided you can give 1 very simple piece of evidence. A RECEIPT, from the store, where you bought your legitimate retail copy of the game, before the official street date! In this case, with your lawyer behind you, M$ might be inclined to correct your specific issue, as they now have proof to go after the retailer. Here they can fine or seek action against an entity they know they can hurt!


So, with that said, how many people here have a banned gamertag and a receipt? I am sure 99.99999999% of the people here don't even have a banned GT. As for receipts, lol!

[Puffer]

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.

[sgr215]

And please don't forget to send all the information so Micro$oft can counter sue you for copyright infringement

Just so people aren't scared off from handing over their information:

This person clearly doesn't understand the legal system. Your information will be safe and a counter-suit wouldn't even apply here. Furthermore, there is absolutely no evidence of a copyright violation on Xbox Live but rather evidence you've modified your console to play "backed up games". There is no evidence to show you're playing a pirated game versus a legitimate, backed up game. Luckily modifying your console isn't illegal... yet.

Nice try at scaring people off though.

This post has been edited by sgr215: Nov 19 2009, 06:20 AM