Firm considers class action over Xbox Live bannings

Law firm AbingtonIP has revealed that it's currently "investigating" what it calls the "convenient" Xbox Live bannings over modded consoles.

The firm believes that it's no coincidence that Microsoft banned "tens of thousands" of users after receiving its money for Gold memberships, post release of Halo 3: ODST and Call of Duty: Modern Warfare 2. Therefore, the law firm is considering a suit in order to get the membership fees refunded to subscribers along with a "refund for the prorated sums".

"To me, this certainly sounds a lot like a cash grab directed at a company with deep pockets, but perhaps there are more facts than they are letting on," said Joystiq legal columnist Mark Methenitis. "If, in fact, Microsoft is inducing people to buy a service only to terminate them, then there's certainly a deceptive business practice concern.

"But this seems far more cut and dry than that."

Methenitis also stated that a user "savvy enough to have a modded console" should be savvy enough not to connect it to Xbox Live without "serious risk."

Microsoft recently banned as many as one million players from Xbox Live for altering or modifying their Xbox 360 consoles in order to play pirated versions of Xbox video games.

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I'm going to sue Apple because no where in the advertisements or License Agreement for OSX did they warn me that I would be unable to use my Laptop once it ran out of battery.

The whole banning thing was excellent news for me. I was holding off on buying an Xbox (but I don't play any games online). So now I have a plethora of cheap ones to choose from, with the added benefit of not having to mod them myself (until the next batch of games comes out that needs a newer version of the firmware, of course).

I can see why they are banning people from XBL. But disabling HDD installations which were included in a mandatory Dash Update could cause problems for them. Personally I think they went too far on that one.

That must have something to do with revoking the console's certificate? I've been wondering about that to, but since save games are an issue, perhaps it uses the certificate when copying games to the HD too? Not that that's really that huge a deal to be honest. I mean I play my games off of the discs... There's very little load times generally...

*If i went to the store and bought a 360 and came home and threw it against the wall and broke it I can because i paid for it.
*You can legally make backups of your own games if you would like its perfectly legal. I don't know why every one assumes that its breaking the law. With the DMCA its legal to make back ups just not legal to circumvent the copy protection on the disk.
*Making a backup is a 1:1 copy, meaning with out modifying it. So if I play against you on live i have no advantage. Plus its not possible to change content on the disc's with out it showing up on live. Meaning you would instantly get banned. They say they ban people to protect other people that are on live. It's a bunch of BS.
* Disabling anything other than live is not legal. They would have to state what they will do in the EULA. They are crossing a fine line by what they are doing.
*Not everyone is pirates. I have two young children in my house that do not now how to handle the disc's so its nice to use back ups.

See Xbox live t&c section 16:

Microsoft reserves complete and sole discretion with respect to the operation of the Service. Microsoft may, among other things: (a) restrict or limit access to the Service; (b) retrieve information from the original Xbox, Xbox 360 console, personal computer, and any connected peripheral device used to log onto the Service as necessary to operate and protect the security of the Service, and to enforce this contract; and © upgrade, modify, withdraw, suspend, or discontinue any functionality or feature of the Service, any game or other content available or accessible through the Service, or any hardware or software associated with the Service or with an original Xbox or Xbox 360 console, or personal computer, from time to time without notice,

To the service, referring to Xbox live. The 360 is not a service. I already paid for it. Like i said they can ban me all they want from live. Now actually making my 360 not function is a whole different story.

You had your Xbox modded, you were stupid enough to use the console online through Xbox Live. You are an idiot.
Microsoft's console scanning detected a known modification to your drive's firmware whilst you were playing online with a modded console, Microsoft have banned your console from playing online with Live.

........How can you possibly complain? If you modded a console and never used it online, it's not legal but at least it's not taking the complete ****, to use it online as well where they *do* have the ability to check for new firmware modifications when they choose to, that's ludicrous.

It is perfectly legal to mod your xbox. I have no modded Xbox. The only thing you are in violation of is their TOS and they can ban me from there service. It is not legal for them to make my 360, what i paid, for not due the things that i did when i brought it home. Unless its in the TOS and in the manual in the box. They say they will ban you but not limit its functions offline, like they have been doing.

This law firm is completely retarded. The people who got banned were banned because they modded their consoles, which is against the T&Cs of Xbox Live. And it states in there that if you violate the rules, you get banned.

It's no major biggie if your console has been banned, anyway. Your gamertag still exists, and so does your Xbox Live Gold subscription if you have one. Simply go out and get a 360 without a modchip in it and you can play online again. You might as well just go legit, because when it comes to Microsoft's consoles, it's almost impossible to hide your modchip from them, no matter what you do.

If you want to mod a games console, then stick with the Wii, but overall, I prefer the PSP.

Microsoft could probably avoid people trying this sort of thing on by actually banning modded consoles as soon as they are detected, rather than waiting for months and then batch banning once or twice a year.

But then the cat and mouse game wouldn't be as fun :)

By doing a mass ban, they cause the modders to speculate as to what the cause of the bans was. If they did it immediately, it would be easier for modders to implement a quick fix as more data came in. Personally, even with the mass ban, I'd be surprised if they don't make a workaround by the end of this year for modding and possibly even have a mainstream fix for hd installs.

Either way, the game will continue until the next generation, when it starts over again.

Why does anyone want to protect these thieves. I know there are a tiny fracion of modded Xbox users not pirating, but if you are honest you will acknowledge the vast majority are. They deserve no special accord, they broke the EULA, they pay the price.

I think Microsoft may slipped up.

If they banned the primary user of the xbox and the xbox that was modded, I don't think they have a leg to stand on (lawsuit), however to ban the box, and not the primary or most frequent user of such modded box.....

Actually there is nothing idiotic about this lawsuit and some claimed here. Microsoft doesn't have the right to disable someones paid for console. But then again, Microsoft always has been good at stealing from others, yet their fanboys don't say a word about that.

Microsoft hasn't disabled the consoles but banned them from xbox live.

Microsoft has every right to ban modded consoles, the terms of use for live services clearly state this in section 16, check it out if you don't believe me.

Fact is, you buy the console, you mod it and if you are dumb enough to use it over live then you're asking for a ban.

They reduce the functionality of the 360 also. Even when you are offline. You no longer can save games and install games to the hdd you can not access the media center on your PC. Also the gamer profile gets erased along with all of your game saves. They do not state that any ware in the TOS or the EULA. So pretty much making you counsel usless. Just because you modded your counsel. Witch you paid for in the first place.

this whole issue is childish. Geez, don't like the xbox online service or the bannings? get a PS3! microsoft isn't the only game in town.

Basically ... if you modded the xbox 360 ... and got banned ...
You broken the rules ... MOVE ON !!! Sell it on ebay or sell
it to someone.

If you still want a xbox .. buy another one an DON"T MOD IT ....

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