Microsoft stands tall over Xbox Live lawsuit threat
'We're well within our rights,' claims software giant
The possibility of class-action lawsuit arising from the ban of roughly 1m gamers from Xbox Live doesn’t worry Microsoft, because the firm believes it is in the right.
With a view to launching a class action lawsuit against the software giant, US law firm Abington IP last week published a webpage calling for anyone remotely connected to Microsoft’s well-publicised Xbox Live ban to come forward.
“Microsoft is well within its legal rights to ban these users from Xbox Live,” a Redmond spokesperson has since said, prompting speculation that the software giant feels unthreatened by the potential lawsuit - although it didn’t refer directly to Abington IP.
“Piracy is illegal and modifying an Xbox 360 is a violation of the Xbox Live Terms of Use,” Microsoft reminded gamers, according to a report by website the Financial Post.
Abington IP has yet to confirm if the Xbox Live lawsuit will go ahead, almost certainly because it's waiting for a sufficient number of aggrieved punters to come forward and be named in the complaint that will be sent to the US court. Further information about the potential lawsuit is available online now. ®
COMMENTS
Consoles are closed systems
"If the XBox Live system is such a closed system, it's a wonder that anyone would want to use it. Wonder if anyone else might consider opening a rival system to cater for these Microsoft "outcasts"?"
Consoles are closed systems. That's sort of the point. Average Joe Console Gamer (not his real name) doesn't give a damn about whether his console is "open" or "closed", they just want to play their games.
and to another point that someone else made:
"I dont see why I should have to pay Micrsoft again once I brought there hardware for there on line service shouldbe for free"
I agree. The nerve of my cable company to continue to charge me for Internet access after I've bought the modem from them...
It isn't the Live Banning...
I'll have to use a Clinton-ish phrase to rub it in:
"It's the CORRUPTED SAVEGAMES, stupid!"
MS didn't just stop at banning "hacked" consoles, it went even further and shat over legally-bought licenses, corrupted all savegames *and* crippled basic XBox functionality. It is basically similar to WGA corrupting all your files because you're using a "pirated" Windows.
Thanks to this, even those who *did* mod their consoles for playing pirated games have a legal standing; MS purposely vandalized their personal data. I wish 'em modders luck!
Also, I'd bet this goes down as bad PR for MS, while the PS3 stands well in this matter...
Title goes here...
@ Law,
Nice posts... and I completely agree with what you're saying. Microsoft should only be preventing those customers who have modded their consoles from using XBox Live, not bricking the machine. Otherwise, they should have been much more upfront from the beginning that if they detect a modded console they will cause it to be unuseable.
@AC At the end of the day (and one that is cold and harsh here) ,
If the T&Cs that these people have broken don't talk about what the ramifications are then surely you cna understand why they're pissed off? The T&Cs should have stated that not only will you be banned from XBox Live, but your console will become a very big and incredibly ugly looking paperweight.
FWIW, I've not modded my XBox 360 so this wave of accounts being banned doesn't concern me, however, as a consumer I'm regularly being shafted by Microsoft.
Counter suits
Let's see a counter suit.
Microsoft should accept a decision to allow the modded xbox's for one year if the user of the software can prove they purchased it.
But only the purchased game can be used.
All other games should not be used and Microsoft should then ban that xbox again.
Should we see those named in the Class Action Lawsuit be investigated to see if they are truly using purchased games.
That would certainly have everyone back out of the suit who is going after Microsoft because the boxes are modded to avoid paying for a game.
Shame on the modders!
Microsoft might be in trouble...
It's fair enough they ban you from the on-line service as it is a service that can be taken away at any time. But they are also removing core functionality such as the ability to install games to the hard drive. Don't you think that is a bit off, there are some people who do like to play "backups" as the system is known for eating discs (which MS don't replace). So I think it's fair to mod the system rather than paying for games twice.
Not that I have an xbox360, can't be bothered to send it back when it goes wrong and purchase games twice and pay to pay games on-line. Total rip off.
