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Banned Xbox Live Users Class Action Investigation (Submit Your Info)
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ebxtreme
Member
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19. November 2009 @ 00:03 |
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Abington IP, a law firm specializing 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.
Full Story/Submit Form: abingtonlaw.com
Note: Who knows ... 1M banned users could make a difference. Spread the word!
Update: Figured I would edit this thread as it has been updated. A few members here may feel this is absolutely ridiculous BUT there are several others who feel MS did more damage than good in their attempts to combat piracy. In a crazy world, if a few thousand 360 users submit their info and MS caves in a little (re-activating HDD functionality) those of little interest will most likely jump on the bandwagon of the ridiculous ... I'm sure.
This message has been edited since posting. Last time this message was edited on 19. November 2009 @ 17:13
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shakey001
Newbie
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19. November 2009 @ 05:09 |
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I think that those that had threads about spoofed, drives using unmodded firmware should maybe contact them as well. They wouls have an even stronger case. The only flaw in this one is that the suit is for unrefunded live fees.. they could still have a case though since there are many that may not be able to afford a new xbox right away..
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BIFF0
Member
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19. November 2009 @ 05:55 |
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I'm sure M$ have some pretty good lawyers and consulted them before the bannings. This is most likely some law firm trying to make a name for themselves and get some publicity. I don't see what M$ have done wrong with the timing of this ban wave. It's just good business.
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Member
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19. November 2009 @ 06:45 |
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I don't think these guys know what they're talking about, there's no case here.
Try searching, its fun.
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gameover9
Suspended permanently
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19. November 2009 @ 08:29 |
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retarded and second time this has been posted.
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shakey001
Newbie
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19. November 2009 @ 09:52 |
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Originally posted by BIFF0:
I'm sure M$ have some pretty good lawyers and consulted them before the bannings. This is most likely some law firm trying to make a name for themselves and get some publicity. I don't see what M$ have done wrong with the timing of this ban wave. It's just good business.
Sure they have some pretty good lawyers they consulted beforehand, the lawyers prolly advised them of the risks and as MS usually does, they took the risk and banned people without consideration..
Has the EU not proved that MS has shady illegal marketing tactics?
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ebxtreme
Member
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19. November 2009 @ 17:58 |
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**Updated with new HDD disabling information** for those interested
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Member
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19. November 2009 @ 18:28 |
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I don't know guys kinda makes sense to me. with the courts today you never know
guess we will see
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Junior Member
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19. November 2009 @ 18:59 |
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If they would only not cripple the hdd, that's all I care about. It's an extra kick in the nuts from MS :).
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Aiur
Member
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20. November 2009 @ 03:34 |
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LOL @ feeling like a victim after essentially stealing hundreds to thousands of dollars worth of software from Microsoft, developers and publishers. I had my console banned, and I feel sorry for anyone who knows they are at fault and are taking part in this. Take some responsibility for your actions.
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shakey001
Newbie
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20. November 2009 @ 07:11 |
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Vigilante justice is not any more right just because your name is microsoft, they designed the system originally with cheap drives, we came up with a backup method that was abused but nonetheless a backup system for poor dvd drives....
They chose to take justice in their own hands...
This message has been edited since posting. Last time this message was edited on 20. November 2009 @ 07:13
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smiddy911
Newbie
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20. November 2009 @ 10:47 |
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HAHAHAHAHAHAHAHAHAHA
That... may be... the dumbest thing I've ever...ever....ever, read in my entire life.
Reminds me of the woman that sued McDonalds when she spilled the coffee on herself.
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haza12d
Member
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20. November 2009 @ 10:54 |
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Yeah but didn't she win Millions or something like that?
XPS Gen.4 3.6GHz, 4GB RAM, 250GB+750GB Seagate HD, BenQ DW1650, BenQ DW1655, Samsung SE-S184M (External) Dimension E520 3.0GHz 3.5GB RAM, 74GB+500GB Seagate HD, Samsung SH-S183, Samsung SE-S184M (External)
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mrhobbes
Junior Member
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20. November 2009 @ 11:37 |
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Originally posted by smiddy911:
HAHAHAHAHAHAHAHAHAHA
That... may be... the dumbest thing I've ever...ever....ever, read in my entire life.
Reminds me of the woman that sued McDonalds when she spilled the coffee on herself.
Poor example. People always go to that lawsuit like it is some kind of example of how absurd our legal system is. The truth behind that story is that the woman was given coffee that was about 30 degrees hotter than normal coffee. She spilled some on her lap (it casued burns) she only wanted McDonals to pay for the dry clean of her dress. McDonalds declined. She then sued for pain and suffering.
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CawkFour
Member
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20. November 2009 @ 11:43 |
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Originally posted by haza12d:
Yeah but didn't she win Millions or something like that?
because the american system is flawed and the people here abuse it and are sue happy. it's even worse here in cali. people are too lazy today to make a buck so there lookin to get rich quick any way they can.
like everybody else has said in this thread... you should know the risk before you mod. take responsibility for your actions.
C.R.3.A.M.
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palidin
Junior Member
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20. November 2009 @ 15:18 |
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lol I agree about the its worse here in cali its sad when so many people sue over so much stuff its common place now.
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Senior Member
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20. November 2009 @ 15:40 |
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Edit: why bother with all the +1 erzz that got banned and THINK THEY HAVE RIGHTS!!!
No time for Leap frog!!!
This message has been edited since posting. Last time this message was edited on 20. November 2009 @ 19:21
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Senior Member
1 product review
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20. November 2009 @ 15:56 |
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Originally posted by JOHNSTARR:
Everyone knew the risks from day 1.
I actually hope every single person with a banned 360 that participates in this lawsuit gets counter sued then thrown in jail for pirating.
I'm sure there are quite a few peeps that have unopened 360's that got banned, called up M.S. and had to deal with "You are modded" blah blah when there not then sue away I guess.
Forgive me, but you are an idiot. Not everyone who got banned pirated their games. I legitly own every backup I have.
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rdhood
Junior Member
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20. November 2009 @ 16:41 |
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Originally posted by mulletinc:
I don't think these guys know what they're talking about, there's no case here.
I wouldn't say that there is no case.
Certainly, they can ban you for violation of the EULA. But I am not sure that they can brick your hard drive or read and relay information from your system that you have not given permission for.
"We may automatically check your version of the software. We may automatically download upgrades to the software to your computer or console to update, enhance, and further develop the Service."
"and that we have the right to send data , applications or other content to any software or hardware that you are using to access the Service for the express purpose of detecting an unauthorized modification."
This doesn't sound like they can brick your drive or corrupt information! In a legal battle, they might be made to reveal how they detect and transmit this information in order to prove that they have neither violated your privacy nor done anything illegal.
A lot can come from a lawsuit other than money.
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Senior Member
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20. November 2009 @ 17:59 |
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Edit: Why bother deal with all the +1 erz and peeps that like to flame.
No time for Leap frog!!!
This message has been edited since posting. Last time this message was edited on 20. November 2009 @ 19:16
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haza12d
Member
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20. November 2009 @ 18:07 |
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Originally posted by mikeismad:
Originally posted by JOHNSTARR:
Everyone knew the risks from day 1.
I actually hope every single person with a banned 360 that participates in this lawsuit gets counter sued then thrown in jail for pirating.
I'm sure there are quite a few peeps that have unopened 360's that got banned, called up M.S. and had to deal with "You are modded" blah blah when there not then sue away I guess.
Forgive me, but you are an idiot. Not everyone who got banned pirated their games. I legitly own every backup I have.
+1 My stock console that had a dead DVD drive was banned because I replaced it. The firmware was stock, not modded.
XPS Gen.4 3.6GHz, 4GB RAM, 250GB+750GB Seagate HD, BenQ DW1650, BenQ DW1655, Samsung SE-S184M (External) Dimension E520 3.0GHz 3.5GB RAM, 74GB+500GB Seagate HD, Samsung SH-S183, Samsung SE-S184M (External)
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