Xbox modders unite in class action suit

[+Frank B. Subscriber²]

Xbox modders unite in class action suit

Somebody was bound to have a go: Texas-based law firm AbingtonIP is organising a class-action suit against Microsoft over the company's ban on modified Xboxes.

"Although modification of Xbox consoles is arguably against the terms of use for Xbox/Xbox Live, Microsoft 'conveniently' timed the Xbox console ban to coincide with 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," says the firm.

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 Halo 3: ODST and Call of Duty: Modern Warfare 2."

According to AbingtonIP, Microsoft has also misapplied the ban, locking out users who had modified their Xboxes for reasons other than piracy. It's also been obtaining information from Xbox consoles without the permission of the owner, it claims.

The firm is recruiting plaintiffs, here - it's looking for people who have had their Xbox banned from Xbox Live and who haven't been given a refund for their remaining subscription. It doesn't say how many it's got so far.

News source: TG Daily

These people have to be kidding me. MS are the bad guys now because they are battling piracy on their console platform? Really? Wow.

[+Audioboxer Subscriber²]

Posted on the main page so due to Neowin's "we need more hits on the main site" policy this will probably be closed :p

As I said on the main page, "Entitlement generation strikes again", or something to that nature.

[SMELTN]

First off don't see this working out. I mean come on its in the TOS that its illegal.

"Although modification of Xbox consoles is arguably against the terms of use for Xbox/Xbox Live, Microsoft 'conveniently' timed the Xbox console ban to coincide with 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," says the firm.

It doesn't matter when they timed the updates, if your xbox was modded its illegal.

According to AbingtonIP, Microsoft has also misapplied the ban, locking out users who had modified their Xboxes for reasons other than piracy. It's also been obtaining information from Xbox consoles without the permission of the owner, it claims.

LOL again doesn't matter, modding is illegal, Microsoft doesn't have a clause that says its ok as long as you are using it for these reasons.

No case.

[McSmiggins]

Surely the best timing if they wanted to catch people with new Xbox Live Gold subscriptions is the end of January? There must be so many renewals around Christmas?

But that's ignoring the fact the whole case is a joke, just throw it out.

[Andrew Lyle Global Moderator]

Are people really this stupid? You break the Terms of Use for the console, it strictly says no modifying your console in any way, or Microsoft can and will ban your console. People also pirated COD:MW2, and because they got banned, they are suing Microsoft for something that is completely legal in their defense? If anything, the illegal downloaders should not bitch over something they didn't pay for in the first place.

[t_r_nelson]

The only case they could possibly have is the remaining subscription fees of the banned users. If they get kicked off, MS should return their money on a pro-rated basis.

Other than that, **** 'em!

[SimplySchizo]

this suit will never happen. its complete fail. speculation vs plain textual facts in which one agrees to upon purchase. cant beat TOS.

[Corris Veteran]

Lol.

I understand the banning completely, but I can see how people would want money back for something they can't use.

Though they do deserve it. :p

Posted on the main page so due to Neowin's "we need more hits on the main site" policy this will probably be closed :p

What Topic has been closed previously?

[t_r_nelson]

this suit will never happen. its complete fail. speculation vs plain textual facts in which one agrees to upon purchase. cant beat TOS.

It's a group of lawyers that see an opportunity to get money. Fortunately, MS has a little money laying around and a team of lawyers that will bitch-slap these idiots.

[Chasethebase Veteran]

Yeah, they obviously don't care to read the EULA or the ToU for the console. This won't hold in court for that reason alone, they should have done research before diving in head first.

[Treemonkeys]

Are people really this stupid? You break the Terms of Use for the console, it strictly says no modifying your console in any way, or Microsoft can and will ban your console. People also pirated COD:MW2, and because they got banned, they are suing Microsoft for something that is completely legal in their defense? If anything, the illegal downloaders should not bitch over something they didn't pay for in the first place.

I don't think the TOS has any legal validity, you pay for an XBL subscription and are only offered the TOS after paying. MS will most likely end up having to refund subscription costs for those banned.

Yeah, they obviously don't care to read the EULA or the ToU for the console. This won't hold in court for that reason alone, they should have done research before diving in head first.

It's the EULA that won't hold in court - a contract that is put in place after the money has been exchanged does not have any legal validity.

MS is free to deny service based on the EULA but they will have to pay back whatever was paid for that denied service.

[zeke009]

The only case they could possibly have is the remaining subscription fees of the banned users. If they get kicked off, MS should return their money on a pro-rated basis.

Other than that, **** 'em!

No refunds, they knew the risk and they got busted. It's their doing, not Microsoft's.

[Rudy]

I personally have no problems with them banning people from Live, I don't understand why they disable the HDD functionality

[SimplySchizo]

It's a group of lawyers that see an opportunity to get money. Fortunately, MS has a little money laying around and a team of lawyers that will bitch-slap these idiots.

i see it as a group of lawyers looking to make a name/bring business to themselves out of recognition. its great shot at free advertisement. this will never make it out the gate. they know it, we know it. hope whatever publicity they get works for them.

[hadiz]

This is dumb. I can't believe any lawyer would take on the case, since they clearly were banned for something they were warned not to do. This is like the people who try and sue the tobacco companies because they got lung cancer from smoking, even though it says it causes lung cancer right on the pack.

[+Audioboxer Subscriber²]

What Topic has been closed previously?

I've had one or two topics closed before because the news hit the main page before the forum, and it was preference for discussion to take place on the news article, as opposed to in the forum.

I think if it goes forum then main page it's okay.

That was a while back though, with how often Neowin lets go/hires/see staff resign I have no idea what the current policy is. The sites run and moderated by new people on a weekly basis almost :p

[BajiRav]

I don't think the TOS has any legal validity, you pay for an XBL subscription and are only offered the TOS after paying. MS will most likely end up having to refund subscription costs for those banned.

It's the EULA that won't hold in court - a contract that is put in place after the money has been exchanged does not have any legal validity.

MS is free to deny service based on the EULA but they will have to pay back whatever was paid for that denied service.

I am pretty sure that's wrong. XBL Silver also has the same TOS and it's free. I wonder if MS will fire a DMCA violation notice to any dumbass who signs up for this. :laugh:

[mokthraka]

First off don't see this working out. I mean come on its in the TOS that its illegal.

It doesn't matter when they timed the updates, if your xbox was modded its illegal.

LOL again doesn't matter, modding is illegal, Microsoft doesn't have a clause that says its ok as long as you are using it for these reasons.

No case.

learn what a TOS is

it is not illegal in any way shape or form. its illegal to pirtate not mod

not to mention TOS and all that dosent even hold much legal value. since nothing is ever signed.

the only time the company has any legal ground and i dont mean banning. is when there is money involved

modding does not always involve money

[iamwhoiam]

What Topic has been closed previously?

One example: https://www.neowin.net/forum/index.php?show...#entry591837716

[Minifig]

locking out users who had modified their Xboxes for reasons other than piracy

How You May Not Use the Service.

In using the Service, you may not:

* use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service;

http://www.xbox.com/en-US/legal/LiveTOU.htm

[mokthraka]

How You May Not Use the Service.

In using the Service, you may not:

* use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service;

http://www.xbox.com/en-US/legal/LiveTOU.htm

how are the modifiying xbox live? get the right part...

that is saying you cant attempt to mod LIVE not your console

[hoosier28]

How does modifying something YOU bought and own violate anything? It's like buying a car and putting rims or a new engine in it. Does that mean that the dealer you bought it from will not fix it the next time you take it in for repair cause you modified it? Or does it make it illegal to use cause you modified it?

[still1]

crazy!!!! this firm will have fame...... money if it wins....

[iamawesomewicked]

How does modifying something YOU bought and own violate anything? It's like buying a car and putting rims or a new engine in it. Does that mean that the dealer you bought it from will not fix it the next time you take it in for repair cause you modified it? Or does it make it illegal to use cause you modified it?

Um.. You do know that if you mod any mechanical part of a car under warranty.. the dealership will refuse to fix it.

[hoosier28]

Um.. You do know that if you mod any mechanical part of a car under warranty.. the dealership will refuse to fix it.

Not speaking of warranties.