Xbox modders unite in class action suit

[Subject Delta]

I guess you can say for example if apple ban people from the apple store that jailbroke there phone.

would that be wrong for them to do that even if you payed for your hardware.

just as people who have an Xbox 360 and PAY for Live should you be able to do what you want to your console.

They can do whatever they want with the console, it is banned from being used on Live, the console itself works just fine.

[ThehAWKs]

Jailbreaking the iphone doesn't tamper with the hardware, it's not as simple when it comes to software exploits.

as guess your right the Xbox 360 is a bit more involved then the iPhone. but an exploit that is there should be patched if they did not want anyone to do that they should not just go the easy way and ban people from Live.

[bob_c_b]

I guess you can say for example if apple ban people from the apple store that jailbroke there phone.

would that be wrong for them to do that even if you payed for your hardware.

just as people who have an Xbox 360 and PAY for Live should you be able to do what you want to your console.

I'm okay with that too, companies can set limits on their own intellectual property and if you chose to ignore it you pay the price.

[+Audioboxer Subscriber²]

as guess your right the Xbox 360 is a bit more involved then the iPhone. but an exploit that is there should be patched if they did not want anyone to do that, not just go the easy way and ban people from Live.

People are modding the firmware on a DVD drive, you can do that with any DVD drive, it's not really an exploit per se. The DVD drive in the 360 is pretty much just a standard OEM drive you'd get in a PC. The issue for MS was they never really thought about that beforehand (apparently) and were unable/struggled to find a way to read the DVD firmware at their end either legally, or at all. From speculation it seems up until now they've just been flagging games that give back bad readings (incorrect rips), but now it's thought they've finally found a way to detect modified firmware... hence the massive ban wave just passed.

Banning people from Live shouldn't be deemed as easy, there'll be a lot of litigation involved to make sure taking someone's access away especially when to a paid service, is legal. Probably why they ban in waves, so all checks are in place to make sure forthcoming bans are warranted.

[ThehAWKs]

I'm okay with that too, companies can set limits on their own intellectual property and if you chose to ignore it you pay the price.

i still think its not fair i mean come even if you pay with your own money to OWN an Xbox. in the end they still own it and dictate how you should use it.

[+Audioboxer Subscriber²]

i still think its not fair i mean come even if you pay with your own money to OWN an Xbox. in the end they still own it dictate how you should use it.

You can do whatever you want with your Xbox, you're not getting fined/going to jail for modding, you however cannot do whatever you want when operating on their service, in this case Live.

That's like saying you expect a restaurant to refund the meal you paid for and began eating because you stripped off naked half way through and slapped your knob off another customers forehead before getting chucked out - When you use a 'service' there are terms and conditions you agree to before beginning.

[Kalint]

Good luck! Better polish your chewbacca defense before the big day!

[Mr. Gibs]

Up next!

"People banned from VAC servers due to cheating, sue valve in an attempt to get their accounts playable on those servers again"

That's like saying you expect a restaurant to refund the meal you paid for and began eating because you stripped off naked half way through and slapped your knob off another customers forehead before getting chucked out - When you use a 'service' there are terms and conditions you agree to before beginning.

:rofl: :rofl:

[ThehAWKs]

You can do whatever you want with your Xbox, you're not getting fined/going to jail for modding, you however cannot do whatever you want when operating on their service, in this case Live.

That's like saying you expect a restaurant to refund the meal you paid for and began eating because you stripped off naked half way through and slapped your knob off another customers forehead before getting chucked out - When you use a 'service' there are terms and conditions you agree to before beginning.

LOL i guess there is no way around it when you put it like that as you stated in your first post "Entitlement generation strikes again"

[SiCKX]

Whilst I agree it is your own mistake if you mod the console and go on LIVE,they shouldn't take away your console features such as HDD installs and more.That's rubbish and abusive,MS should be caught with that on court.Your XBL fee is not that huge to cry into court over it...

[Mr. Gibs]

Whilst I agree it is your own mistake if you mod the console and go on LIVE,they shouldn't take away your console features such as HDD installs and more.That's rubbish and abusive,MS should be caught with that on court.Your XBL fee is not that huge to cry into court over it...

XBL is used to verify that you own the content you're trying to install.

[Growled Member]

Does MS refund your money for your Live service if your console gets banned and you have no way to access it?

[ThehAWKs]

Does MS refund your money for your Live service if your console gets banned and you have no way to access it?

Nope they will not do a refund you get what is coming to you.

[+Audioboxer Subscriber²]

Does MS refund your money for your Live service if your console gets banned and you have no way to access it?

No because you're not banned from Live, you can still use Live.

That would be like buying a 12 month sub, then selling your 360, then telling MS they owe you 11 months back.

[_neutrino Veteran]

As far as i am concerned if you modify your console you are asking for issue. It states plainly in the EULA that if you modify the system in anyway you are for fitting the ability to use that system.

[CentralDogma]

This is false, flashing the DVD drive doesn't allow to run any kind of homebrew while using wave 4, it only serves piracy.

They don't really stand a chance.

If there was any actual homebrew on the 360 (don't link me to that crap that started a month or two back), then people could try and play the homebrew > piracy card.

As it stands, only reason you'd go through the bother of voiding your 1 year standard warranty/3 year RROD warranty and tear open your 360 is to play pirated games. With a flashed drive you really can't do anything else.

That's not entirely true.

[+Audioboxer Subscriber²]

That's not entirely true.

Can't be done on NXE updated consoles, and you believe 600,000 - 1,000,000 people wanted to run some gimped useless linux setup?

Things like that can be promising for the homebrew creators in trying to reach something more fruitful, practically useless for the end user.

I know you're just trying to make a point, but my comment in the brackets was aimed at that, unless you're about to say the 360 can be modded into a fully functional linux home media centre, no ones convincing anyone a dvd drive mod isn't for anything bar piracy.

[CentralDogma]

Can't be done on NXE updated consoles, and you believe 600,000 - 1,000,000 people wanted to run some gimped useless linux setup?

Things like that can be promising for the homebrew creators in trying to reach something more fruitful, practically useless for the end user.

I know you're just trying to make a point, but my comment in the brackets was aimed at that, unless you're about to say the 360 can be modded into a fully functional linux home media centre, no ones convincing anyone a dvd drive mod isn't for anything bar piracy.

Still, it's something that a modded drive can be used for. If not for that, you might have to contend with DMCA issues(which would make it illegal, not just a breach of EULA/TOS).

That being said, I don't think these lawsuits are going to go anywhere. Most TOS have a "can be canceled at anytime for any reason" cause that will basicly kill all these lawsuits.

[bob_c_b]

Yea, I suspect this is more just some silly lawyers who won't to milk some money out of MS and don't have much of a case.

[addc182]

I guess you can say for example if apple ban people from the apple store that jailbroke there phone.

more like just shutting everyone out of their phones then telling them to buy a new one...

i think its fair enough to ban their console from live, but its ridiculous theyre bricking everyones consoles even people who apparently havnt done anything to their xboxs

[Smigit]

I guess you can say for example if apple ban people from the apple store that jailbroke there phone.

would that be wrong for them to do that even if you payed for your hardware.

Well Apple could if they wanted to but realistically it'd probably be a bad move as it would just encourage piracy on the iPhone. Unlike the XBox there are some pretty large benefits to jailbreaking an iPhone (I'd like to for background app support and for UI customisation) where the XBox mod's were more or less to run copies of games. I'm sure a lot of jail breakers have never had any intention of stealing any software, they just want to fill a void that Apple has left in the device functionality.

On the other hand I'm unsure MS loses too much from banning consoles. A great deal of users will buy a new one anyway so they may make money from it in the end of the day and it helps protect their legitimate sales stream.

Basically MS's move forces people to go legit if they want to use the XBox where an iPhone store ban would force users to do things illegitimately. A move apple could maybe do that would be closer to MS's would be to get the phones to be barred from the phone network some how but I imagine that's just not feasible.

[Deacon Brown]

You can do whatever you want with your Xbox, you're not getting fined/going to jail for modding, you however cannot do whatever you want when operating on their service, in this case Live.

That's like saying you expect a restaurant to refund the meal you paid for and began eating because you stripped off naked half way through and slapped your knob off another customers forehead before getting chucked out - When you use a 'service' there are terms and conditions you agree to before beginning.

:woot: :laugh:

[apreichner]

I don't know if I agree that modding a console should be considered illegal. Personally I think it should just void the warranty. Pirating games and playing pirated games on the other hand... That should be illegal.

Although I don't see too much use to modding a 360 if not for playing pirated video games. Now the original Xbox on the other hand... In order to get any kind of good use out of it, you need to mod it.

[LiquidSolstice]

I don't know if I agree that modding a console should be considered illegal. Personally I think it should just void the warranty. Pirating games and playing pirated games on the other hand... That should be illegal.

Although I don't see too much use to modding a 360 if not for playing pirated video games. Now the original Xbox on the other hand... In order to get any kind of good use out of it, you need to mod it.

:o Not true There's still the original Halo! We're not that old yet :(.

[Azusa]

To all the people yelling(more like crying) "not all mods are for piracy" the fact still remains a majority of moddders do so, so they can commit piracy so they have no choice but to ban all modded consoles so the chance of loopholes or methods to avoid detection methods a reduced to almost 0%.