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Xbox Auto-Update Blocks Linux Usage

An anonymous reader writes "According to The Inquirer, Microsoft has used their Xbox Live Vole System to patch any Xboxes that access it....without asking their permission before installing the software. However, in this occurrence, the bug appears to be the 'dashboard bug' that allows Linux to be easily installed on an Xbox. Further, according to The Xbox Linux Project, users who do not have an Xbox Live account may find themselves being patched without permission as well. If a gamer tries to access any part of a game that uses Xbox Live, the console can 'phone home' and install the patches anyway. While patching bugs can be a nice touch to poor software, I don't know if I feel comfortable with ANYONE installing software on my hardware without asking permission first."

111 of 702 comments (clear)

  1. Groundbreaking suggestion by Amsterdam+Vallon · · Score: 4, Insightful

    Don't buy an X-BOX!

    --

    Reply or e-mail; don't vaguely moderate. Ex-O'Reilly/MIT employee, now a full-time Google employee.
    1. Re:Groundbreaking suggestion by TiMac · · Score: 3, Interesting
      Words of wisdom to live by. Thusfar, I've been able to get by as such....chilling with my GameCube.

      But every once in a while, a great game such as Star Wars: Knights of the Old Republic will come along, and be available only for Xbox...and I begin to reconsider.

      Sigh...

      --

    2. Re:Groundbreaking suggestion by orange_6 · · Score: 2, Interesting

      But how will I play Halo?

    3. Re:Groundbreaking suggestion by Eese · · Score: 3, Informative

      Available for PC in November, and will probably be better than the XBox version.

      So sayeth Gamespot.

    4. Re:Groundbreaking suggestion by DansnBear · · Score: 5, Interesting

      Build a time machine and go back to murder whoever initiated the deal to purchase bungee, then buy it for the PC the way it was originally planned.

      Bungie was one of the few Mac only game houses that produced good games for the mac all the way back to my first first person shooter, Marathon. Most people don't realize, but Halo was announced for the Mac. If you look here you can find links to the video of the premere of Halo for the mac at Macworld '99 New York. I was at that keynote when Steve Jobs introduced the 2 minute movie for Halo rendered using the game engine in real time, not pre recorded. I almost creamed my pants. I remember thinking to my self that this was the game that was finaly going to bring the Mac into the gaming arena. Even my PC using Mac bashing friend who I dragged with me was drooling over it. Alas, before it's Macintosh release, Microsoft bought out bungie and made them the "X-Box Development Team". That was a sad day for us Apple people all over. Bungie was known in the mac community as a top noch developer of mac games including one of our first first-person shooters, Marathon. At least you can still pick up the Bungie Mac Action Sack and try some of the awsome games this company once made for the macintosh.

      --

      -= Who are The Headlocks? =-
    5. Re:Groundbreaking suggestion by Vengeance_au · · Score: 4, Funny

      But every once in a while, a great game such as Star Wars: Knights of the Old Republic will come along, and be available only for Xbox...and I begin to reconsider.

      Once you start down the dark path, forever will it dominate your destiny. Consume you, it will.

      ... that being said, I got one ;)

    6. Re:Groundbreaking suggestion by Malc · · Score: 2, Interesting

      Been there, done that, don't play games on my PC anymore. It's too expensive and too much effort trying to keep up with the hardware requirements. I have dual CPU BX motherboard with P3-850's and a 3.5 year old graphics card that I will replace with one 80% cheaper, much more powerful, passively cooled but still not up to the latest requirements. This machine is no good for games, but will go for years more doing it's normal desktop duties. Why would I waste money keeping a games machine up to date when my XBox will be coping for years more? Besides, my computer isn't in my living, and nor do I want it there.

    7. Re:Groundbreaking suggestion by Library+Spoff · · Score: 2, Informative

      >>PC controllers are trash. I have yet to find a gamepad that's half as good as a PS2 one

      which is why I bought this.
      It rocks. They have cheaper ones also.

      --
      Acid House saves Souls
    8. Re:Groundbreaking suggestion by bythescruff · · Score: 3, Interesting

      Exactly.

      I remember a really nifty piece of software called DigiGuide, which would automatically retrieve TV listings for you and sort and display them however you wanted. It was really useful, and free, and I thought it was great. Then one day, version 2 decided to upgrade itself to version 3, without warning me, without waiting for approval, and without giving me a chance to say no. Sure enough, version 3 was unusable; it was clunky, unstable, and half the time it took my pc down with it. I stopped using DigiGuide immediately, and I'll never use it again. Any computer I own is mine, and I alone say what software will run on it.

      --
      Chuck Norris: Socialism == a thousand years of darkness.
    9. Re:Groundbreaking suggestion by override11 · · Score: 2, Insightful

      ohhh please, you can get an athalon 2000 for like 80 bux now, PC's are dirt cheap! I would say 800 - 1000 for a nice PC with tons of ram and a Geforce4 128 meg card! 3000 dollar PC's are still around if you want bleeding edge stuff, but you dont NEED that stuff to play! running 1600 X 1200 at 200 fps is nice, but everything runs great at 1024 X 768 on my system, and I still have a Geforce3 GTS Asus Deluxe!

      --
      No I didnt spell check this post...
    10. Re:Groundbreaking suggestion by t0ny · · Score: 2, Informative
      not true at all. by the time Halo had come about, Bungie had already made Myth and Myth 2, which were PC/Mac. Bungie had already realized at that point that to be a successful company, they couldnt stay exclusive to Mac (which wouldnt even cover the costs of beer and pretzels, honestly).

      Halo was ALWAYS going to be a PC/Mac game. But once MS purchased them, they saw potential in releasing it on the xbox. Now remember, this is a company which is very perfectionistic. They didnt want to release a full blown multiplayer version until it was up to their standards, thus the delay.

      If you are interested in finding out more facts (rather than PC and MS-bashing propaganda), GameSpy has lots of news and info on Halo.

      --

      Manipulate the moderator system! Mod someone as "overrated" today.

    11. Re:Groundbreaking suggestion by fanpoe · · Score: 3, Funny

      PC's are dirt cheap! I would say 800 - 1000 for a nice PC with tons of ram and a Geforce4 128 meg card

      I don't know where you are buying your dirt but, trust me, you are being ripped off!

    12. Re:Groundbreaking suggestion by ckaminski · · Score: 4, Insightful

      except, all you people buying Xboxes thinking you're chewing into Microsoft's bottom line are deluding yourself.

      Every Xbox sold gets to be another point in their lineup. It's their grand scheme for putting Sony and Nintendo out of business. Dump hardware on the market so everyone buys it, and get lock-in.

      You'd screw them more buy not buying an Xbox at all.

  2. Any serious Linux users... by mpeg4codec · · Score: 5, Insightful

    If you bought an Xbox to run Linux, you'd have no reason to install Xbox-Live. If you bought an Xbox to run games, it's unlikely that you'd want to run Linux on it. After all, you can find better X86 hardware cheaper at Fry's Electronics, or your local bargain store.

    I know there's a camp that uses it for both, and it's rather large. However, you should probably consider just buying another computer for that sort of thing.

    1. Re:Any serious Linux users... by Anonymous Coward · · Score: 2, Funny

      You don't even need Live installed to have the automated sodomy happen to you.

    2. Re:Any serious Linux users... by Gojira+Shipi-Taro · · Score: 3, Interesting

      Wrong. Running Linux, at least temporarily, is the only way to transfer some game saves (Knights of the Old Republic, for one) from one Xbox to another. I'm not going to start over because Microsoft sold me a defective piece of hardware to start off with.

      --
      "Oh my God. This is terrible. This is the end of my Presidency. I'm fucked."; ~ Donald J. Trump
  3. Why the suprise? by mao+che+minh · · Score: 5, Insightful
    Listen, when you choose to use a Microsoft product you are doing so under the assumption that you are giving away a great deal of your rights, that you are contributing to a monopoly and any parties that have the ability to gain from that, and that you are about to lose a lot of control over your own system/property. This well-written-in-EULA-but-hardly-mentioned-aloud-ag reement is no secret. In some cases, in certain interpretations, this can be a good thing: like automatic patches for security vulnerabilities. However, there are many reasons why such intrusive behavior - regardless of motive - is bad.

    Overall, I would say that such a willing loss of control, freedom, and some can even argue morals, is good for the home desktop/console market at large (though it is alarming to realize that software console could be so badly written that it would demand security updates). For the corporate setting, such a sacrifice is unacceptable and even hazardous - as the article mentions.

    The underlying sentiment of the article, the editors here, and a large population of Slashdot is that "Microsoft is behaving badly - Linux is good". I agree with this sentiment and philosophy, but only to a certain degree. Microsoft Windows is an extremely well established desktop operating system with very mature gaming technologies. For this reason, I feel that it should remain the home desktop choice. As a server operating system or workstation operating system, I feel that it costs companies too much, is too closed, is too insecure, is not flexible enough, and most importantly, is not powerful enough. The entire business ethic and development model of Microsoft is so painfully harmful to large businesses that it's laughable.

    Bottom line: If you willingly use a Microsoft product, don't be suprised when they bend you over: they have been doing to everyone for years. Linux should prevail on your servers and workstations, Windows should prevail at home, for basic common sense reason and moral justifications.

    1. Re:Why the suprise? by someguy456 · · Score: 5, Insightful

      In some cases, in certain interpretations, this can be a good thing: like automatic patches for security vulnerabilities. However, there are many reasons why such intrusive behavior - regardless of motive - is bad.


      Not trying to defend M$ or anything, but when you put it that way I guess they really are just trying to secure the xbox. After all, it _is_ being hacked.
    2. Re:Why the suprise? by AlexMax2742 · · Score: 5, Insightful
      Weird. Thing is, I didn't buy my Xbox to run Linux. You can install Linux on it if you want, but if Microsoft doesn't want you to use their Xbox Live service without having a legitimate Xbox that they know hasn't been modified (for better or for worse), it's their decision. And another challenge for you. Perhaps you can figure out a way to circumvent that too and be able to use both.

      People figured out how to make the Xbox do something it wasn't designed to do. Microsoft has taken the stance that it doesn't want that happening on their systems, especially when you consider the fact that with Xbox Live factored into the equation, and that this might open the door for cheaters to ruin online game, hell Just look at SOCOM. Don't you usually patch your games for better online play? If you play online, you need to patch the structure to make sure nothing sneaky has comprimised the games. If you dont want to, you just choose not to install Live! It's that simple. Xbox Live! and Xbox itself are intertwined. They both need updating or else the weak link breaks the system.

      Microsoft has made its move. Now its your turn. Either circumvent it or give up. But jesus chrsit quit whining about how evil Microsofts intentions are.

      --
      I'm the guy with the unpopular opinion
    3. Re:Why the suprise? by cranos · · Score: 5, Interesting

      Okay how about this then, once you have bought the machine you can do whatever the hell you want with it. It is your property, not MS's not the store you bought it from, not your next door neighbours.

      The idea that MS can claim ownership on the machines ONCE THEY ARE SOLD is dangerous in the extreme.

      Oh and by the way, any company that tries to install software without asking permission is installing spyware as far as I am concerned, that goes for Gator, MS and any other pos company that tries it.

    4. Re:Why the suprise? by delus10n0 · · Score: 2, Insightful

      You can do whatever you want with it offline. Install linux, whatever. Mod a window on top of it. Watercool it. Who cares.

      But by connecting it to XBox Live, you are connecting to Microsoft's network, and they can do whatever they feel like (namely, whatever's allowable under their EULA; those things no one ever reads.)

      If you want to run linux on your XBox.. great. Go ahead and do so. But don't bitch and whine when you try to play games online and they won't work or your linux partition gets screwed. There's good reasoning for it. Think about it.

      --
      Not All Who Wander Are Lost
  4. Anyone? by stevebob2019 · · Score: 2, Insightful

    Anyone, or Microsoft? If it was Linux Live, would you mind as much?

  5. Patches on the game! by devinoni · · Score: 5, Interesting

    I wouldn't be suprised if Microsoft decides to start putting these patches on the game discs themselves. The first time you load the game, it patches your system. Of course, me writing this could very well give them that idea.

    1. Re:Patches on the game! by ameoba · · Score: 2, Funny

      PRIOR ART ...get a lawyer now.

      --
      my sig's at the bottom of the page.
    2. Re:Patches on the game! by giminy · · Score: 2, Funny

      That only covers him if microsoft patents the idea. What he needs to do is patent it first, and, er, cockblock microsoft.

      --
      The Right Reverend K. Reid Wightman,
  6. Re:what? by Gojira+Shipi-Taro · · Score: 2, Interesting

    Yes it is, asshole. I paid for it, I'll do what I want with it. The clickthrough license will not hold up in court, as it was not reached with fair negotiation. Take it or leave it isn't valid.

    It's Mine. I'll do with it what I want.

    Hell all _I_ wanted to do with the Linux exploit is move my Knights of the Old Republic save from my old flaky Xbox to the new one. I'll be pursuing action against Microsoft for the defective Xbox now.

    It's one of the first-run Hungarian run boxes with bad digital out (no dolby) and DVD read problems. I would have let it slide if I could have copied my save. Now they will have to pay. One way or another.

    --
    "Oh my God. This is terrible. This is the end of my Presidency. I'm fucked."; ~ Donald J. Trump
  7. Do you have to sign an EULA to use an XBox? by JoeShmoe · · Score: 5, Insightful

    Totally serious question...does the XBox come with any kind of EULA? Like a seal over the power button saying you agree or an included pamphlet?

    If not...then wouldn't this be unauthorized access to a computing device, which was made a federal crime I thought in the last round of Justice Department power grabbing?

    We all know about the quasi-legal nature of software granting itself the right to phone home or take action against your system, but that relies on the arguement the user accepted the EULA to use the software. What about hardware?

    The last console I owned was a Super Nintendo so I just don't know, do modern consoles have EULAs?

    - JoeShmoe
    .

    --
    -- I wonder which will go down in history as the bigger failure: the War on Drugs or the War on Filesharing
    1. Re:Do you have to sign an EULA to use an XBox? by JoeShmoe · · Score: 4, Interesting

      Sorry for the reply to my own post but I wanted to point out an example of what I mean:

      Many years ago I purchased one of those APEX 600-A DVD players with the loophole menu. About a month after I got it, it wouldn't power on. I took it back to get repairs under warantee. When I got it back, I found that the firmware had been upgraded to a newer one that removed the loophole menu. I complained to Circuit City but they told me there was nothing I could do.

      Ultimately, I disputed the charge on my credit card arguing they had not given me the product I paid for. The credit card company agreed with me and gave me a refund that I used to buy a second APEX player.

      So, on that line...what if you are one of the unluckies that has his XBox self-patch? If you paid with a credit card, why not dispute it?

      - JoeShmoe
      .

      --
      -- I wonder which will go down in history as the bigger failure: the War on Drugs or the War on Filesharing
    2. Re:Do you have to sign an EULA to use an XBox? by harlows_monkeys · · Score: 2, Informative
      If not...then wouldn't this be unauthorized access to a computing device, which was made a federal crime I thought in the last round of Justice Department power grabbing?

      Uhm...one big problem here. Microsoft isn't accessing your XBox. Your XBox is accessing Microsoft's servers.

    3. Re:Do you have to sign an EULA to use an XBox? by Alsee · · Score: 4, Insightful

      You bought the DVD player, you own the hardware. You don't own the software

      Incorrect.

      According to US law you are the legal owner of that particular copy. The law is quite clear about the ownership of particular copies being seperate from holding a copyright. It is the reason used bookstores and used CD stores and used computer games are legal. When you buy the medium a copy is stored on you are the owner of that particular copy. Amongst other things that means that you have the right to sell it, and you have the right not to have that copy disrupted by anyone.

      APEX people are free to support or NOT support any feature they want, it's their software.

      They are certainly free to support or not support anything they like. But once they sell it that hardware and that particular copy of software is no longer their property. They cannot legally do anything to someone else's property without permission.

      unsupported thing that they decided to remove in later versions.

      That's fine, they are perfectly free to can sell a new version. Buy they have no right to touch MY copy.

      Your analogy to a car coming back without the radio is ridiculous.

      No it isn't, but I'll change the example if you like. You buy a car with a custom paint job, some sort of art work. Ohh, lets say it's artwork of angels and flowers and bunny rabbits. You bring it in for an oil change and it comes back with a new paintjob. This time it's demons and strippers. By your logic that is perfectly fine since they painted it in the first place and they are the copyright holder on that artwork.

      (Note: if you'd actually preffer a car with demons and strippers over angels and flowers then reverse the exaple, they painted over your cool demons with fluffy bunny rabbits)

      But it's hardly illegal

      Hopefully the artwork example makes it crystal clear that it is completely illegal. If you still dissagree then you need to explain away the car/artwork situation.

      credit card company to agree with you

      It wasn't me, I was just saying that person was right. Going through the credit card company was good thinking, much easier than draging them through small claims court.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  8. EULA...Legal? by Ro'que · · Score: 4, Informative
    There has been a lot of discussion on this lately, particuarlly on some e-mail lists. The bottom line is that in the EULA there is a clause that states Microsoft may alter the software at any point. Just by purchasing an Xbox, even without buying Live, you are forced to agree to let them edit the Dashboard to weed out things like the font hack buffer overflow Stefan Esser found.

    But then again, what the hell did you expect when it said "Microsoft" on the box?

    1. Re:EULA...Legal? by ChaosDiscord · · Score: 4, Interesting
      The bottom line is that in the EULA there is a clause that states Microsoft may alter the software at any point. Just by purchasing an Xbox, even without buying Live, you are forced to agree to ...

      Ah that explains everything.

      It was in the EULA I signed when I purchased it.

      Oh, no EULA to sign when I purchase it? Well, it must be clearly printed on the side of the box where I can see it when I purchase it.

      Oh, no EULA there either? Well, how about when I open the box the XBox itself has a big EULA taped over the power button that I have to read.

      Nope, not one there either. Well, when I first turn it on, I have to agree, right?

      Nope, guess not.

      So where exactly is this magical EULA I've agreed to "even without buying Live?"

  9. Re: Microsoft owns it? by thedillybar · · Score: 2, Insightful

    Since Microsoft owns the hardware, they can also install a patch that makes it completely unusable, right? Hell, when you bought it, they didn't make a guarantee that they wouldn't INTENTIONALLY prevent it from functioning a month later.

  10. Re:what? by Keighvin · · Score: 5, Insightful

    The console itself is purchased, not the right to *use* the console under a predetermined licensing agreement.

    Now the software is entirely a different issue - some games may indeed try to force an EULA on you upon purchase to allow such activities (which would become a sticky situation when renting), or enrollment into the XBOX Live system, but the hardware itself is yours to keep and do whatever you want to.

    --
    Any spoon would be too big.
  11. Vole? by R33MSpec · · Score: 5, Funny

    "...Xbox Live Vole System..."

    Definition of 'Vole':

    (1) any of numerous small rodents of the genus Microtus and related genera, mostly of Eurasia and North America and having a stocky body, short tail, and inconspicuous ears: family Cricetidae.

    (2)(in some card games, such as ecarte) the taking of all the tricks in a deal, thus scoring extra points.

    I'll leave you to draw your own conclusions :)

    1. Re:Vole? by jmcneill · · Score: 2, Interesting

      Also, the french verb 'voler' means 'to steal'.

  12. Re: Microsoft owns it? by Gojira+Shipi-Taro · · Score: 2, Insightful

    Hosing a customer that blatently is a good way to force yourself to travel by bullet proof limo forever after.

    Take away the customer's legal recourse, and they'll find another way to justice.

    --
    "Oh my God. This is terrible. This is the end of my Presidency. I'm fucked."; ~ Donald J. Trump
  13. Re:what? by mentin · · Score: 2, Insightful

    Yeah, the hardware is his. He can do whatever he want with fans, box or cables - I hope this update does no damage to these?

    --
    MSDOS: 20+ years without remote hole in the default install
  14. If you want to run Linux . . . by Brahmastra · · Score: 2, Insightful

    Get a real computer! Seriously.. X-Box is a game machine and you accepted an agreement to update the software in it by just using it.

  15. Re:what? by sean.m.bober · · Score: 4, Insightful

    I really wish that I could mod this down to a -1 Troll. It IS his hardware. He paid for it. He owns it. He didn't design it. However, it is his. You did not design the car you drive. But, onece paid for, it IS yours. Ford doesn't come to your house in the middle of the night and rotate your tires for you do they? Better yet, if there is a major flaw with your car they don't come out and fix it in the middle of the night like a bunch of friendly little elves. They send you a notice and then you have to give them permission to fix it by actually responding to the notice (by brining your car in).

  16. Obviously, the next step is... by Asprin · · Score: 2, Interesting


    Obviously, the next step is for Microsoft to start throwing the patches on the game disks -- watch for an 'update firmware' message the first time you boot the game.

    --
    "Lawyers are for sucks."
    - Doug McKenzie
  17. If you mod it, stay off of their network... by Anonymous Coward · · Score: 5, Insightful

    ...it's like a truck. I can put 70" tires on it and turn it into a monster truck without anyone stopping me. But when I put it on the government's network (the highway), they can enforce their laws on my truck (i.e. you can't drive around in something that can crush every car on the road)...

    If you mod your x-box...fine. If some MS goons break into your house and restore your x-box to the factory default, you have something to complain about. If you expect to play on MS's network with your modded x-box without any consequences, you're a fucking moron.

    1. Re:If you mod it, stay off of their network... by BigDish · · Score: 2, Interesting

      OK, so what about the person that has EvoX or whatnot on their Xbox or uses XBMP. Basically, someone who has done the soft mod that has the Xbox plugged into their network. This network almost guaranteably has a connection to the internet. So I the Xbox CAN get to the internet. Then I play one of these new Xbox games-THAT ACCESS LIVE EVEN WHEN YOU DON'T HAVE A LIVE SUBSCRIPTION!!!!! and it auto-updates the Xbox. I never asked my xbox to go onto MS's network. It did it when I played a game. Oh well, this is why I preffer hardware mods.

  18. Re:what? by mcc · · Score: 3, Interesting

    Here's an idea.

    Go stand at Toys R. Us, or Best Buy. Wait until someone seems to be about to buy an x-box.

    Then tell them what you have just told us, that after you buy the x-box, it won't be your hardware, it will still belong to Microsoft. If they seem incredulous, explain to them exactly how and why this is the case.

    See how many of them actually buy the x-box after that. I'd be curious.

  19. What am I missing here? by Anonymous Coward · · Score: 4, Insightful

    Further, according to The Xbox Linux Project, users who do not have an Xbox Live account may find themselves being patched without permission as well. If a gamer tries to access any part of a game that uses Xbox Live, the console can 'phone home' and install the patches anyway.

    If someone didn't have an XBOX Live account, why the HELL would they have an ethernet cable jacked into their box with a connection to the outside world?

    1. Re:What am I missing here? by Its_My_Hair · · Score: 2, Interesting

      I don't have any experience with this, but I would assume that if you were running linux on an xbox, a net connection throught the ethernet port would be just as useful as it is for a pc running linux...

    2. Re:What am I missing here? by Anonymous Coward · · Score: 5, Funny

      f someone didn't have an XBOX Live account, why the HELL would they have an ethernet cable jacked into their box with a connection to the outside world?

      Because like most linux users they are using it to host child pornography and hacking software, run an open relay for spammers, and allow al-qaeda operatives to coordinate their terrorist attacks. Can't do any of that without a network connection.

  20. Well by blitzoid · · Score: 3, Interesting

    Remember when you bought the Xbox, how you agreed to that contract? You know, the contract that you couldn't read because by buying it and/or opening the box you agreed to it's terms, but it was in the manual that was inside the box? Well, that gives them the right to screw with your Xbox as much as they want.

    I hope someone under 18 who bought an Xbox sues.

    --
    I am a filthy pirate.
  21. Re: Microsoft owns it? by mentin · · Score: 3, Insightful

    99.9% of the customers don't attempt to run Linux, would not notice any change and would not consider this a problem even if they knew it. And that 0.1% who would like to run Linux ... are they really customers?

    --
    MSDOS: 20+ years without remote hole in the default install
  22. In Europe, apparently... by Ro'que · · Score: 4, Interesting

    ...EULAs of this Xbox sort are illegal. Maybe we'll be seeing some court action in the coming weeks? It's my understanding that companies can't write these kind of intrusive clauses into their EULAs and then expect to get away with them in the EU. And with EU recently pounding Microsoft's ass, I wonder if this will be another thing to add onto their list...

  23. MS is just testing the waters... by Anonymous Coward · · Score: 5, Insightful

    For doing the same with there Windows OS.

    Microsoft Knows no matter how many times they say patch or else. Millions of people wait for the or else to happen, and it makes them look bad.

    This is just the same has forced childhood immunization for better public heath. You don't have to immunize every machine, just enough so the probability of the next machine in the series being vulnerable is near zero.

  24. Re:what? by MrLint · · Score: 3, Insightful

    Very soon we are going to need an actual lawsuit to reassert out rights as the public to use devices we purchase in any manner we deem fit.

  25. Re:Even better suggestion by TiMac · · Score: 4, Insightful
    The entire point of producing a console system is to have complete dominance over what software can run on it anyway.

    Maybe NOW it is, since Microsoft introduced the concept of loss-leading on the hardware...made up by software licensing.

    Originally, it was to have specialized hardware to do one thing--and to do it well. I still believe very much in this philosophy. I rarely buy combination devices (such as radar detector/GPS/compass/etc, swiss army knives) because they do a lot, but not always well, and to upgrade one part, you need to re-buy the whole thing.

    I use my computer as a TOOL. I get my work done on it. I communicate with my friends and family with it. It is the closest I come to a "do-all" device. But games I leave to something else. It's a personal choice--so I won't claim that everyone should do the same.

    However, the idea that consoles exist solely as a means of "control" is ludicrous. I love my GameCube--because it is simple, and it works. And it has the best controller ever. YMMV....

    --

  26. Re:what? by Gojira+Shipi-Taro · · Score: 3, Interesting

    Unless the other party engages in good-faith negotiations regarding the "contract" I am free to disregard it. In all cases where these "contracts" exist, acceptance is not a condition of purchase. If they (Microsoft, in this case) wish to engage in contractualy obligating their customers, then they may employ attorneys in every venue in which they sell their product to explain their demands to consumers, and pay Notary Publics to ratify each bill of sale. Barring that, they have no rights after the sale of the product.

    --
    "Oh my God. This is terrible. This is the end of my Presidency. I'm fucked."; ~ Donald J. Trump
  27. Re:what? by AlexMax2742 · · Score: 4, Insightful
    What if you are going to race that car in NASCAR? There are a few requlations on your car that you HAVE to have. Either that or you don't race in a NASCAR race. Same thing with Xbox and XBox Live. There are a few requirements on your Xbox that you HAVE to have. Either that, or you don't play on Xbox Live.

    When you play on Live, it's more than just you. You have to ensure that people are playing on a level playing field. Sure, you pay for Xbox Live service too, but when you join a health club, that doesn't mean you can go in and destroy their equipment.

    So what if you don't play online? Just dont install Live. Make sure you never click through to Xbox Live on your console.

    --
    I'm the guy with the unpopular opinion
  28. Definition of a bug by Lshmael · · Score: 3, Interesting

    The original poster claimed it was fine if the manufacturer updated the machine automatically in order to fix flaws. There are several problems with this, most notably that the manufacturer has more power over the computer than you have. If I want a machine where someone else administrates, then I can login to a variety of networks where I am not the administrator. However, on my own machine(s), I like (no, need) the feeling of power. I can choose to patch or modify my system in whatever way I wish, and nobody can stop me. Quite simply, nobody should buy anything, hardware or software, that has an auto-update feature that cannot be turned off and still claim that they are competent enough to use a computer without supervision.

  29. Agreed! by GoatPigSheep · · Score: 5, Insightful

    A modded xbox could just as easily be modded in order to facilitate cheating on their network...

    MS has every right to protect their networks from cheating gamers.

    --
    GoatPigSheep, the 3 most important food groups
  30. Re:what? by jeffasselin · · Score: 4, Interesting
    The point still remains that EULA may very well not be valid in whole or in part in most jurisdictions.

    I know they're invalid in most part here in Quebec. Essentially unenforcable.

    You see, there's this point of contract law that's important here: that a contract is only valid if it can be read and signed by the party before at the time of sale. Any subsequent conditions, clauses, or contract modifications are null unless agreed by both parties. Once I've paid for Windows, it's mine. I can do what I can with it. Once I buy my Xbox it's mine (supposition here, I don't own an xbox and am not interested in buying one). I never signed any contract at the register allowing Microsoft to modify it without my permission, nor was there a mention of that on the box.

    --
    If he explores all forms and substances Straight homeward to their symbol-essences; He shall not die.
  31. Re:what? by TC+(WC) · · Score: 4, Interesting

    Most would still buy it (and I bet lots of them would think you were nuts)... normal people don't give a damn.

    Quite seriously, if I bought an X-Box, I think it'd be rather neat if it self-patched. Normal customers buy it to play games on, and it's a perfectly good platform for that. I certainly wouldn't buy it for something else, so really, I don't particularly care. I can see the angle some people are coming from, and I understand it... but this isn't really an issue where you can get the normal customer outraged, because it doesn't affect what they actually bought the product to do.

  32. Where does it connect to? by PetoskeyGuy · · Score: 2, Interesting

    Does anyone know the address it uses to download from the internet? If your system is behind a firewall, couldn't you block access to that site or domain?

    I realize this would be temporary once they start making game loaders install patches for them. They could include something like this in an updated game developer SDK.

  33. Re:WHY ARE YOU COMPLAINING? by zakezuke · · Score: 4, Interesting

    Expect trying to connect to Xbox Live with a modified machine to GET YOUR MACHINE BANNED FROM XBOX LIVE FOREVER.

    1. Get a mod chip that generates all possible sequences of machine IDs.

    2. In protest of this policy connect with such a mod chip, get all x-boxes banned.

    3. Profit?

    --
    There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
  34. You guys know it's not yours by narftrek · · Score: 4, Insightful

    I've been reading the replies to this comment & I have to say that you guys know the stuff isn't yours. The hardware is yes but the software isn't. It hasn't been your software ever. You may own the CD it's on but the bits burned on to it are owned by the creator of the content. Every piece of NON GPL software has been this way since I can remember. The EULA states it isn't yours. That's why you can't just do whatever with it you want. You never have been free to hack it. The BIOS in the XBOX is yours too, but the software they put on it to boot-probably thiers. That's stretching it a bit but I'm sure some M$ lawyer could make it sound good.

    Now before the flames begin, I believe that what I buy should be mine to do whatever with. But due to whatever rules that govern software it just doesn't happen. For instance, if I mod my Nokia phone with some new software I can probably bet that Verizon isn't gonna let me access their network. Yeah the phone is mine, but they don't have to let it on thier network if it's been modded. Lemme change some settings in my RCA modem to get better DL speeds on Comcast cable internet. Yep, Comcast will shut it off. Go mod your car's CPU and bet that Ford will say nope you voided the warranty, not our problem. Not all car mods are legal.

    Software has never been anyone's it's been sold to. Why does anyone think M$ will change just because it's a video game system?

    1. Re:You guys know it's not yours by child_of_mercy · · Score: 2, Informative

      the bits are not owned, they are copyrighted.

      copyright infringement is not theft, theft is a crime that in most countries is governed by completely different legislation.

      --
      'There is a Light that never goes out.'
    2. Re:You guys know it's not yours by Pofy · · Score: 2, Informative

      >The hardware is yes but the software isn't. It
      >hasn't been your software ever. You may own the
      >CD it's on but the bits burned on to it are
      >owned by the creator of the content.

      You seem to confuse "owning" with having the copyright". It is two very different things and one does not imply the other. Hence someone can own something without having the copyright on it. Someone can also hold a copyright without owning it. Of course, in some cases one can have someone owning something AND holding the copyright.

      When you buy something in a store, you get to own it (that is the concept of transfering ownership and is regulated through sale laws or consumer sale laws and so on). Transfering ownership in this way does not mean copyright is transfered as well. It remains with whoever had it before.

      So if you buy software, you indeed get to own that copy of it. You do not however get to have the copyright on it. SO yes, you own the bits on the CDs too (which are actually just physical properties of the disc).

      >The EULA states it isn't yours.

      Which EULA? ONe that was part of the sale agreement and agreed to before purchase? Never seen such a thing. If you want to regulate a purchase (for example making it a loan, or have some other restrictions), you have to agree to it before the purchase. Sale laws and more important consumer sale laws regulate this and will also in many cases tell things that are NOT allowed to regulate with a purchase.

      I suppose you refer to some paper, window screen, manual or whatever that call itself EULA and tell something about the software you sold. However that has as little bearing and influence on the sale/purchase as the piece of paper I might have in my pocket stating (for example) that by selling something to me I actually get to own the whole store. It is not part of the sale and thus, can't regulate it.

      >Now before the flames begin, I believe that what
      >I buy should be mine to do whatever with. But
      >due to whatever rules that govern software it
      >just doesn't happen.

      Rules? What "rules"? IN most countries the LAW regulate sales/purchases. Unless the laws says you never own software you buy, you do indeed own the copy of the software you bought. The copyright is still with the original maker of the software (and not with the shop for example or someone else) and copyright is of course regulated by the copyright laws. The law also regulate the procedure of selling something and how additional agreemenets regulating it is done. Having a EULA presented to you later that revoke the ownership of something you bought is NOT an acceptable such additional contract in most countries I would say.

  35. The google toolbar does this by MushMouth · · Score: 3, Interesting

    Yet nobody complains that it updates without authorization.

    1. Re:The google toolbar does this by ruiner13 · · Score: 2, Interesting
      "The google toolbar does this...Yet nobody complains that it updates without authorization."

      The Google toolbar has never broken any existing functionality by being patched. Windows, Office, Xbox, just about every piece of software MS writes has had a patch break something that used to work. THAT is the difference, and why nobody has complained. Plus when Google updates, they ADD features, they don't take away features like MS has been known to do in the name of security.

      --

      today is spelling optional day.

  36. Re:what? by dolson · · Score: 2, Insightful

    Couldn't you just put the saved game onto a memory card, then load it onto your other Xbox?

  37. This was predicted by Kris_J · · Score: 3, Informative

    No one should be shocked at this, it was predicted as soon as the bug was found and exploited. Anyone that cares, but who doesn't mod their box and flash its BIOS (or whatever) by the time they next let it connect to the Interweb is an idiot.

  38. An Xbox by phorm · · Score: 3, Interesting

    is made to be used for the purpose of the person who bought it. A bike is meant to take your places, but that doesn't mean I'm not allowed to take off the wheel and hook it up to a generator (or whatever other creative modification cames up).

    Just because other people are more creative than you doesn't give you a right to bash them. Whether or not the end result of this patch was to block linux, it still stands that applying this patch without the owner's permissions is a violation.

    How about if somebody covertly "patched" your DSL/cable modem, and suddenly it prevented your from doing slashdot, or something that depending on it it operating in a certain way.

  39. Microsoft introduced? by LO0G · · Score: 2, Insightful

    Um. Every console ever shipped to this date was a loss leader. That's the way that the economics of game consoles works - you sell the console as a loss leader and make up the profits on the games.

    This is true for EVERY existing console game out there.

  40. Whining, bitching, moaning, etc... by Mulletproof · · Score: 3, Insightful

    "According to The Inquirer, Microsoft has used their Xbox Live Vole System to patch any Xboxes that access it....without asking their permission before installing the software. Further, according to The Xbox Linux Project, users who do not have an Xbox Live account may find themselves being patched without permission as well.... I don't know if I feel comfortable with ANYONE installing software on my hardware without asking permission first."

    Oh come the FUCK on.

    Did you just miss the entire function of a console? It's called plug n' play you whining freaks, designed specifically to make downloads, patching and other OS maintence/updates as transparent as possible while allowing the user to concentrate on gaming , or did you forget that MINOR point in the process of modding the XBox for a function if was never intended to fullfill? Like saaaaay... TURNING IT INTO A PC AND ADDING LINUX TO IT?????

    And golly gee whiz, those same Linux Activists are now finding that their console, designed to primarily be a hands off OS device, is downloading patches WITHOUT THEIR PERMISSION!?!?! THE HORROR! Will you people get some perspective, not to mention a freakin' CLUE!??! Of course it's downloading and patching shit without your permission since that was how it was designed in the first place-- A seemless gaming experience, which means not asking you all the annoying details on OS upkeep. IMAGINE THAT.

    And for cryin out loud, it's not what you're doing that pisses me off so much, it's the innocent, self-righteous "we've been wronged!" attitude that you take doing it. Give it a rest already. You're modding a device beyond it original purpose and beyond the intentions/plans of the designers. Suck it up already.

    --
    You need a FREE iPod Nano
    1. Re:Whining, bitching, moaning, etc... by sys$manager · · Score: 3, Insightful

      And if MS DIDN'T patch the XBOX automatically, you'd have the same people calling for the heads of everyone at MS for having an insecure product.

      No matter what, MS is bad to a lot of people.

    2. Re:Whining, bitching, moaning, etc... by JFMulder · · Score: 2, Insightful

      I couldn't have said it better. It's a shame you'll probably be modded to -1, Microsoft Zealot.

  41. Re:what? by Xerithane · · Score: 4, Insightful

    Quite seriously, if I bought an X-Box, I think it'd be rather neat if it self-patched.

    I have an XBox, and I patched it on XBox Live without having a Live account. You connect, and it updates Dashboard and all is well. This is what I expect with a console that has a hard drive.

    Normal customers buy it to play games on, and it's a perfectly good platform for that.

    I don't want Linux on my XBox. I want my XBox to play games. People are getting their panties in a bundle because Microsoft is fixing bugs in their software and auto-patching. How else are they going to try to keep this stuff patched? Otherwise they end up with a hundred-and-one different XBox software versions out there. It's easier to bitch about rights instead of thinking that this is actually a good thing and just a few people are being inconvenienced by it.

    I certainly wouldn't buy it for something else, so really, I don't particularly care. I can see the angle some people are coming from, and I understand it... but this isn't really an issue where you can get the normal customer outraged, because it doesn't affect what they actually bought the product to do.

    It does exactly what I expected it to do. All the way, and I enjoy it. It does affect what I bought the product to do though, it makes it better.

    --
    Dacels Jewelers can't be trusted.
  42. UHMMM.... by violent.ed · · Score: 4, Interesting

    Cant you like sue MS for illegally breaching a computer system that you own? kinda reminds me of the terrorist act or whatever it was... oh PATRIOT act! yeah, now THAT would be funny, M$ getting sued for terrorist activites.... breaking into privatley owned boxenz at someones residence & "installing unauthorized" software :D

    --
    - You're not paranoid, they really are after you.
  43. Huh? by powerlord · · Score: 5, Informative
    The Entire point of producing a console system is to have complete dominance over what software can run on it anyway.
    Maybe NOW it is, since Microsoft introduced the concept of loss-leading on the hardware...made up by software licensing.


    Umm ... you do realize that this was the case with CONSOLE systems since way before Microsoft got involved?

    Sony and Nintendo have consistently sold console systems as loss-leaders with the plan to recoup costs primarily from game licenses.

    Not trying to stick up for MS, but they hardly *innovated* that particular tactic.

    Try to remember that we are not talking about a general purpose computer, we are talking about a specific purpose, console system. If you don't like them, great, don't buy them. There are lots of games that are made for the PC (heck, I just broke down and bought my first console since the Atari 2600 'cause I didn't see the need).

    A console is ENTIRELY about control.

    The console manufacturer typically charged an exhorbitant fee for a dev kit.

    They also charged premium prices for distribution.

    For those charges, a game company would have access to a relatively captive audience (they already own the system, if they don't buy any games then its their loss), and a fixed set of hardware/software (so that they can specifically target the game ... when done right).

    Not saying that all development houses take advantage of everything, and recently there has been a trend toward a more open approach on the Dev kit side, but it still is preaty much about control.
    --
    This space for rent. All reasonable inquiries will be entertained at proprietors discretion.
    1. Re:Huh? by borg389 · · Score: 5, Informative
      I really hate to reply to this, as I just spent a moderator point in this topic. But I feel the need.

      Sony is *not*, and never has, lost money on the PS1 or the PS2 in order to make up the difference on the games.

      The gamecube never did before the Xbox did. They might be doing it now, but they weren't before.

      The reason people believe this happened before is due to Sony announcing the PS2 for $299 while everyone else was selling higher. Right away there were shouts of dumping. (dumping is the term for selling product at a loss to destroy your competitors.)

      But they were wrong, because at that time, the exchange rate was at a point where $299 still meant a profit.

      www.actsofgord.com/Proclamations/chapter02.html

    2. Re:Huh? by edwdig · · Score: 2, Informative

      Sorry, but Sony never lost money on their consoles. The only time Nintendo ever lost money on a console was the initial shipment of GameCubes - but the loss was only a single digit figure.

      The loss leading idea came about from Sega. They bitched that Sony sold the PS1 at a loss in the US, due to a significant price difference between the US and Japanese systems. Really, what happened was Sony's costs obviously went down from the time of the Japanese launch, and the dollar to yen exchange rate had a large shift. Sega didn't count those factors in, hence why they thought Sony was selling the system at a loss.

      Anotherwise, you're correct.

    3. Re:Huh? by shepd · · Score: 4, Informative

      >But they were wrong, because at that time, the exchange rate was at a point where $299 still meant a profit.

      As a PS2 modder, I'd put it more down to a more simplified design.

      The original PS2 was extraordinarialy poorly designed. To the point that the pair of motherboards were SOLDERED together with a heatsink sandwiched between. Imagine soldering your PCI cards into your motherboard. It's crazy.

      The new PS2s use a single motherboard design with a power supply that isn't soldered in. The material for the motherboard seems to be cheaper (thinner) too.

      Also, the various hookup cables have been reduced to a minimum and simplified where possible. Plus at least one chip was changed to a BGA package, reducing costs further.

      So I'd guess it's just older technology getting cheaper + a redesign.

      The Xbox has undergone similar, but far less drastic changes over time.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    4. Re:Huh? by Maestro4k · · Score: 2, Interesting
      • Sony and Nintendo have consistently sold console systems as loss-leaders with the plan to recoup costs primarily from game licenses.

      There was an interview with a few of the top dogs for Nintendo USA in the latest GMR or Game Informer magazine one. They made it very obvious that Nintendo DOES make a profit on every Gamecube sold, and that this has been their strategy for every console. (Thus the slower innovation I suppose.) Basically Nintendo's conservative as can be and refuses to do anything unless they can make a profit on it. Not too surprising I guess, considering Nintendo has traditionally relied on in-house titles more than 3rd-Party ones.

      Just one example, Nintendo won't bother with online yet, they feel there's no way to make money on it, and that it's a bad idea to lose money on it now in case it gets big. Of course this could backfire on them and leave them struggling to play catch-up to Sony and Microsoft if Online gaming really takes off on the consoles.

      Nintendo's still trying to live down the fact they practically handed the console market to Sony. Sony had been working with Nintendo to make a CD-ROM add-on for the SNES. When Nintendo stopped their work (not entirely sure what happened there, only that Nintendo didn't let Sony go ahead with the idea in some way), Sony decided to take their work and make their own console, and thus the Playstation was born. As if that wasn't bad enough, then Nintendo insisted on sticking with cartridges for the N64, and many developers were sick of the high cost and low storage, so they flocked to Sony's CD-ROM based gaming platform.

      I do hope Nintendo is taking Sony's PSP announcement seriously though, would hate to see them go under or anything. I like several of their games, although not enough to buy a Gamecube so far. I have heard they'll be dropping to $99 US, so I may pick one up then, if only just to play Zelda. :)

    5. Re:Huh? by Swanktastic · · Score: 2, Insightful

      Sony is *not*, and never has, lost money on the PS1 or the PS2 in order to make up the difference on the games.

      Everyone cites this fact as if it's the divine truth, when in reality it's just an accounting issue. Sony chose to develop its console in house, spending about 2 Billion ($US) roughly on chip R&D. This year alone, they intend on spending $4.5 billion on chip research (Console rsrch and other chips).

      They didn't do that so that they could sell the consoles roughly at the cost of manufacturing. They obviously expect to make up the R&D cost via game licensing revenues. To make a quick numerical point, $2B divided by 200 million units is $100 per unit. If you go around announcing that PS2 is selling for $199 and actually costs $179 to manufacture, therefore Sony is making money on every box, you're missing a significant part of the picture.

      Imagine two situations: Sony drops $2B on chip research but has lower manufacturing costs. MS spends no money on research and has higher manufacturing costs. If both companies sold a small number of units, MS would have made the right decision. If both companies sold enough units, Sony would would have made the right decision. This is not the black and white issue that folks make it out to be!

      Nonetheless, i happen to think Sony chose the right strategy. The console industry is about being the dominating winner, and you design a manufacturing strategy that plays to that point.

      A little disclaimer: My numbers might be a bit off b/c I'm pulling them from memory. The basic principle is still there, though: Sony would not break even without significant game licensing fees. Neither would MS. They are in the same boat!

    6. Re:Huh? by PainKilleR-CE · · Score: 2, Interesting

      The reason people believe this happened before is due to Sony announcing the PS2 for $299 while everyone else was selling higher. Right away there were shouts of dumping. (dumping is the term for selling product at a loss to destroy your competitors.)

      Umm who is this everyone you refer to? The Dreamcast was the only other console on the market when the PS2 hit for $299, and the DC was $199 on launch.

      The XBox launched at $299, as well, much later (~1 year), and the PS2 was still at the same price.

      The shouts about dumping came when Microsoft announced they would sell the XBox at a loss, but it has often been believed that everyone was doing this anyway, and the practice is legal if the business model supports it (ie if it makes sense that selling something cheap will enable you to sell something else to make up that loss), and the product is still sold above or at cost. In other words, even though Microsoft is losing money on each XBox, it's not because of the cost of building an XBox, it's because of the huge initial (and continued) investments into R&D and advertising (among other things), just as the PS2 could only have sold at a loss initially if it's production cost was close to the sale price, even with their multi-million advertising campaign (which, iirc, Microsoft immediately doubled for their own advertising budget). Also, Sony had the added cost of their chip manufacturing plant, built specifically for the PS2 chips, something which MS didn't have to deal with directly (instead just getting chips from nVidia).

      Nintendo supposedly has never taken a loss on their consoles, but that may be because they limit their advertising budget based on wanting to make money (wow, there's a concept) right away, instead of depending on huge hardware sales and massive numbers of third party titles to prop up the cost of the system.

      --
      -PainKilleR-[CE]
    7. Re:Huh? by spectecjr · · Score: 2, Insightful

      Sony is *not*, and never has, lost money on the PS1 or the PS2 in order to make up the difference on the games.

      Really now?

      Sony seems to differ with you on that opinion...

      Sony loses AU$100 per unit

      Sony Computer Entertainment Australia MD, Michael Ephraim:
      No. Generally the manufacturer takes the losses on the cuts. If you look at a lot of reports, manufacturers of console games machines lose money. It's the razors and blades game. If a person buys the razors, they keep buying the blades. The company that owns the format is the one that has to ensure that it's a viable business model long term, when you consider the sales of software.

      Merrill Lynch has reported that our competitor was losing AU$100 per machine prior to their price cut, about the same as we were losing per machine when we launched PlayStation 2.

      --
      Coming soon - pyrogyra
  44. Re:Even better suggestion by Lemmy+Caution · · Score: 2, Informative
    The entire point of producing a console system is to have complete dominance over what software can run on it anyway.

    And the point of that complete dominance is a consistant, reliable platform on which to play games that you can almost absolutely be sure will work on that hardware without any configuration, driver updating, or service pack installation.

    In other words, it's a feature, not a bug.

  45. Well then... by autopr0n · · Score: 3, Informative

    I don't know if I feel comfortable with ANYONE installing software on my hardware without asking permission first.

    Sue Microsoft.

    Seriously though, the solution here is to try to firewall off your x-box and do packet filtering. Block any "update" patches.

    --
    autopr0n is like, down and stuff.
  46. Re:Even better suggestion by jerkychew · · Score: 4, Informative

    "Maybe NOW it is, since Microsoft introduced the concept of loss-leading on the hardware...made up by software licensing."

    You've got your facts a little skewed. I believe Sony was the first to sell its PS1 consoles at a loss, to gain marketshare over the mighty N back when the PS1 first came out. They made their money from the game licensees.

    At least, I think that's how it all started with the consoles. I may be fuzzy on the details, but I'm 99% sure that MS wasn't the first to use this strategy.

    -JC

  47. Microsoft fixes a buffer overflow bug... by whoda · · Score: 2, Funny

    and you guys STILL find a way to bitch.

  48. "Fit for purpose" and the "reasonable person" by Chuck+Chunder · · Score: 3, Insightful

    Here in Australia (and the UK I think) a good has to be "fit for purpose" which basically means being fit for the purpose for which they are generally sold, and also being fit for any specific or particular purpose made known at the time of purchase agreement.

    I think that most reasonable people would accept that the purpose for which an XBox is generally sold is for the running of XBox games. Unless an update interferes with that and therefore renders the XBox unfit for purpose I doubt we'd get much help from consumer protection law.

    The concept of a "reasonable person" is also used. I doubt you could argue successfully that a "reasonable person" would expect something that is unadvertised by the manufacturer and publically discussed as a "bug" is a "feature" that has subsequently been removed.

    So I think in terms of consumer protection law you'd be out of luck in declaring that the product has been rendered defective or unfit for purpose by the update.

    There might be other legal avenues, but I think that one is closed.

    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
  49. Re:what? by TC+(WC) · · Score: 2, Insightful

    I'm sure it's rather easy to argue that any bug that allows you to execute arbitrary code is a possible vector for cheating.

  50. Re:what? by The+Vulture · · Score: 4, Interesting

    People are getting their panties in a bundle because Microsoft is fixing bugs in their software and auto-patching. How else are they going to try to keep this stuff patched? Otherwise they end up with a hundred-and-one different XBox software versions out there.

    Perhaps Microsoft should put in patches the way that the rest of the game consoles do it - you put the updated libraries onto the individial game discs that need them.

    Using the hard drive to hold patches just brings us back to Windows DLL Hell. This is considered acceptable on a desktop, but on a game console, it can be the death of the machine. People tolerate crashes on their PC's, they don't tolerate them on game machines.

    Microsoft should not be patching the XBox's without notifying the user if they use the hard drive in such a way. If my favorite game was no longer playable because of an update, I'd be super pissed.

    This was one major issue that we support engineers discussed around Sega. We concurred that using the hard drive for holding the operating system would be problematic, as would automatic patching.

    -- Joe

  51. Ahem... by RomSteady · · Score: 3, Insightful
    What most people seem to miss here is there is a very core difference to the way that Microsoft and Sony have been handling their consoles.

    Sony was trying to get a tax break, so they really pushed to have the PlayStation 2 classified as a computer rather than a video game console. To that end, they released Linux and the development kit add-on for it.

    Microsoft has been very adamant. According to the Xbox Terminology Guide, you are only allowed to call it the "Xbox Video Game System."

    The classification does tend to support a certain viewpoint, however. Microsoft isn't auto-updating your computer unless you consent. They're upgrading your video game console...although you do consent when you sign up for Live, if you actually read the Terms of Service.

    --
    RomSteady - I came, I saw, I tested. GamerTag: RomSteady / http://www.romsteady.net
    1. Re:Ahem... by DunbarTheInept · · Score: 2, Informative


      They're upgrading your video game console...although you do consent when you sign up for Live, if you actually read the Terms of Service.

      They're doing the upgrade regardless of whether you are using Live, if you actually read the article.

      --

      Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  52. Do you people really ever listen to yourselves? by Razzious · · Score: 3, Insightful

    For months as the Xbox approached you preached that it was an evil that M$ wanted to take over the gaming industry.

    Then you decided they were geeky enough if you could install Linux (the Arch Competitor of Microsoft).

    You bought hardware and claim it as your own, with Microsoft saying if you are going to use their services, you aree going to have to maintain their security.

    Then you all act surprised like you can't believe Microsoft would actually fight to have their software remain intact.

    You play with fire and you get burned.

    --
    Razzious Domini
    I could be a GREAT KARMA WHORE if I could just shed the few morals I have left.
  53. Who Cares? by WebMasterP · · Score: 2, Insightful

    I bought my Xbox because the GameCube's games seem like they're mostly for 14 year olds [BBC speculation]. Now, I'm going to go upstairs and intentionally install the update because I don't give a damn. I have my linux server right next to me, that's what I bought it for. That's not why I bought my Xbox.

  54. Re: Microsoft owns it? by Narcissus · · Score: 4, Funny

    If 99.9% of the users wouldn't notice it because they don't run Linux, then now we have 99.9% of the users having code installed that is not necessary but for 0.1% of the users.

    What are MS thinking? They're not exactly known for their bug-free bug fixes. What if something goes wrong here? Is the risk really worth it to stop such a minority of X-Box owners?

  55. Bite the bullet and flash the TSOP (BIOS) by Powercntrl · · Score: 2, Informative

    It seems all MS is doing is patching the exploit in the dash... Most Xbox modders knew this was going to happen and said this was going to be a cat-and-mouse game if you threw Live into the mix - they were right. What it boils down to basically is:

    If you want Live, use a modchip with a switch or an older Xbox that supports multiple BIOS images on the TSOP, or just an unmodded Xbox.

    If you don't care about Live, just flash your TSOP and be done with it.

    xbox-scene.com has excellent tutorials on how to get the 007: Agent Under Fire and Mechassult hacks onto an unmodified Xbox using only a memory card, your Xbox joystick and a modified USB cable. The instructions for using these hacks to reflash the TSOP are very easy to follow and accurate for every Xbox version.

    I've modded 5 Xboxes by flashing the TSOP so far and haven't had a single problem... If you don't care about Live, it's the easiest and cheapest way to go.

    --

    ---
    DRM is like antifreeze, to the MPAA/RIAA it's sweet, to the consumers it's poison.
  56. The means, not the end by achurch · · Score: 2, Insightful

    [...] their console, designed to primarily be a hands off OS device, is downloading patches WITHOUT THEIR PERMISSION!?!?! THE HORROR!

    And that's the crux of the problem. It does no one harm to add a message that says "Your XBox will now be updated. If you do not update you will not be able to play online." before the actual update happens. I might note that this is exactly what Square does with its PS2 PlayOnline system: it won't let you play without the newest version, for obvious reasons, but it gives you a chance to cancel before it starts the download. "Hands-off" or not, that's the way it should be done. (And not just because of this particular case; the user might have simply connected to check messages and not have time to download a large update, for example. This has happened to me before on PlayOnline, but since I was able to cancel the update it did not turn into a bigger problem.)

    I admit I wouldn't be quite as upset if it was, say, General Electric instead of Microsoft. However, it's not because it's Microsoft, per se (trying to use a hacked box on an online service is just stupid); it's that Microsoft has already announced their intention, or at least desire, to implement a similar auto-update system in future versions of Windows, which I'm very concerned about.

  57. Flame war missing the point by tmortn · · Score: 2, Insightful

    Only valid Point M$ has is making sure legitimate systems connect to Live for online play. So for someone to succesfully connect to a live server to be subjected to a system check/update etc.. is not in question. For a live customer who signed an agrement which would indicate automatic updates when attaching to live servers is legit.

    HOWEVER patching systems not signed up for the live service without the owners consent is not right. Thats like taking you car to the dealership for a tune up and they replace your aftermarket rims and replace them with stock because they were not 'standard' without asking your permission. It is an unauthorized alteration of your system. That is not M$'s box it is property of whoever purchased it. M$ has the right to not allow unconforming boxes to access its system, it does not have the right to alter your system so that it is conforming without your consent.

    EULA for the equipment cannot determin the use of the equipment. You can't state a phone can only be used for a phone and not a paper weight. You can't say this system is not allowed to be used for something we don't want it to be used for. And for those contending this is a console and thus not a PC all I can say is you don't understand this at a technical enough level. This is like ford selling you a car that will only drive on certain roads or use gas dispensed at a specific gas station chain. For any who contend X-box is not a PC you simply don't get it. a PS II or Game cube are not PC's.. they have a differnt base architeture which physically keep them from running PC software. An XBOX is a PC. It uses X-86 PC compatabile hardware architecture. Its ability to use any PC compatible software is artificially limited by the hardware control software. M$ has everyright to sell a limited system, it does not have the right to alter your removal of that limitation without first obtaining your consent, and obtaining your consent means you have to have a reasonable chance to deny the request. Patching a system not signed up for the live service without the owners consent is criminal.

    --
    I don't ask you to be me. I only ask you not expect me to be you.
  58. update by dolson · · Score: 2, Insightful

    http://xbox.com/assets/en-us/HardwareManuals/Memor y_Unit.pdf

    Seems that the dash does allow you to copy to-from your hard drive and a memory card (as it should).

  59. iptables command to block the search-site by josath · · Score: 2, Informative

    Here's a simple command, while it doesn't fix DNS queries, it won't let any traffic go through to their server:

    Just run, as root:

    iptables -A OUTPUT -d 64.94.110.11 -j REJECT

    if you do this on your linux-based router, all boxes behind the router will be blocked from their site as well.

    PS: I don't know how this might interfere if you already have iptables rules set up

    --
    sig? uhh, umm, ok
  60. But the bug is not a feature. by Chuck+Chunder · · Score: 2, Informative

    Generally speaking (as laws are different in different countries).... Consumer protection law typically has the concepts of "fit for purpose" and the "reasonable person".

    To be considered "fit for purpose" the good has to be fit for the general purpose for which it was sold as well as any specific additions covered by discussions etc between the purchaser and the seller.

    On top of that is the concept of the "reasonable person".

    As far as an XBox goes it's general purpose is to play XBox games (and work with other XBox hardware). The existence of the buffer underrun is clearly not required for that purpose.

    You would find it very difficult to convince someone that a "reasonable person" would consider the buffer underrun as a feature of the product:
    a) It is not advertised by the manufacturer.
    b) In general discussion it is typically referred to as a bug (ie the "Dashboard bug") rather than as a feature of the product.

    The case with your Apex is somewhat different. The functionality that disappeared was a real feature that a "reasonable person" purchasing the product would expect to (continue to) be there.

    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
  61. Re:what? by You're+All+Wrong · · Score: 2, Funny

    It's not his machine - I refer the honourable gentleman to number two of Microsoft's "immutable laws of security":

    Law #2: If a bad guy can alter the operating system on your computer, its not your computer anymore.

    YAW.

    --
    Your head of state is a corrupt weasel, I hope you're happy.
  62. Re:what? by Maestro4k · · Score: 2, Insightful
    The console itself is purchased, not the right to *use* the console under a predetermined licensing agreement.

    While this is true, I had a scary thought. What if MS did this for another "bug" and they screwed the patch up (as some Windows patches have been in the past), and all of a sudden, your Xbox will only give you a BSOD (or the Xbox equivalent). Unfortunately, your warranty has expired on it, and now you have a large paperweight because of this.

    I suspect in this case it'd be bloody hard to get anything done about it. MS would most likely try to deny the patch caused any trouble, much less BSODing many Xboxes out there. With it out of warranty, returning it to the store would be totally out of the question.

    So for all of you saying MS is perfectly within their rights to do this secret auto-updating, perhaps thinking about the above will change your mind. I dislike it solely because of the possibility above, nevermind the fact that I also wouldn't care for MS mucking with my console once I'd paid for it.

  63. Don't buy an X-Box - buy a PS/2 instead! by TiddlyPom · · Score: 3, Insightful

    Microsoft is hostile to supporting Linux on their own platform as it undermines the business model of the X-Box and obviously Linux is the closest competitor to their own flagship operating system (XP or Server .NET 2003).

    I find Microsoft breathtakingly arrogant and their products extremely inefficient and bloaty but you cannot be surprised when they want to patch their own product to reduce the likelyhood of hackers messing about with the X-Box Live network!

    No, the most worrying aspect about all of this is the support that it lends (to average users) to the 'Palladium' initiative and to trusted computing in general - i.e. to turn all computers into turnkey systems that cannot be modified by the end user.

    My suggestion? Support other vendors that actively encourage Open Source such as Sony and their PS/2

    Playstation 2 Linux Kit

    Playstation 2 Linux Home Page

    and withdraw any support for products (such as the X-Box) that encourage 'trusted computing' and Palladium.

    BTW I use both M$ XP at work/home and various flavours of Linux.

  64. Re:what? by SmallFurryCreature · · Score: 2, Insightful
    So Nascar judges can just alter the cars they are given to test? Nice. Turn a finely tuned machine in for testing, get a tricycle in return. :D

    In europe we do things differently. You see cars are tested for compliance. If it doesn't comply you get a reason handed to you why not and the car is handed back without them modifing a single thing. Damn lazy bastards why can't they just fix and tune it like they do in the states :(

    You see noone is allowed to mess with your car. An exception is perhaps the police. See your car needs a license to take part in regular traffic as well. If they find something wrong they will sometimes give you permission to remove it on the spot or they will remove it on the spot. They will certainly not FIX the car. But even if they did the police is goverment controlled and any cop doing anything to a car will be required to fill in an awfull lot legal papers wich he has to explain in a court of law if I want.

    So yes you gave a nice analogy. You got a point but you are missing out on the fact the MS messes with YOUR possesions WITHOUT telling you. Noone except the police is allowed to do this in the real world and even they got a lot of restrictions placed upon them. Why should computerhardware be any different?

    Would you accept it if Intel came to your house and replaced the defective P3's (you know the ones with the processor ID disabled) with working ones, you know with proper processor ID enabled?

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  65. This is illegal by ajs318 · · Score: 4, Interesting

    What MS are doing is quite probably against the law. If an XBox is considered to be a computer, then they are in clear violation of Section 3 of the Computer Misuse Act 1990, which states [emphasis mine] that:

    3.-(1)A person is guilty of an offence if-
    (a)he does any act which causes an unauthorised modification of the contents of any computer; and
    (b)at the time when he does the act he has the requisite intent and the requisite knowledge.

    (2)For the purposes of subsection (1)(b) above the requisite intent is an intent to cause a modification of the contents of any computer and by so doing-
    (a)to impair the operation of any computer;
    (b)to prevent or hinder access to any program or data held in any computer; or
    (c)to impair the operation of any such program or the reliability of any such data.

    (3)The intent need not be directed at-
    (a)any particular computer;
    (b)any particular program or data or a program or data of any particular kind; or
    (c)any particular modification or a modification of any particular kind.

    (4)For the purposes of subsection (1)(b) above the requisite knowledge is knowledge that any modification he intends to cause is unauthorised.

    (5)It is immaterial for the purposes of this section whether an unauthorised modification or any intended effect of it of a kind mentioned in subsection (2) above is, or is intended to be, permanent or merely temporary.

    (6)For the purposes of the [1971 c.48.] Criminal Damage Act 1971 a modification of the contents of a computer shall not be regarded as damaging any computer or computer storage medium unless its effect on that computer or computer storage medium impairs its physical condition.

    (7)A person guilty of an offence under this section shall be liable-
    (a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; and
    (b)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.

    So, according to section 3 subsection 4, If you did not give Microsoft explicit permission to modify your XBox, but they deliberately changed some software or data on it to stop you doing something, then they have quite probably broken the law. You may not have automatically authorised the modification merely by opening the box, see Unfair Contract Terms Act 1977 for my reasoning {note that certain sections would not be valid in respect of a software licence}, but I am no lawyer.

    --
    Je fume. Tu fumes. Nous fûmes!
  66. MS EULAs by nvlass · · Score: 2, Insightful

    Anyway, i think everyone should carefully read the EULAs before buying or using MS products. It's not that I support MS, but since you buy a product whose EULA specifically states that the product still belongs to MS and that you do not have the right to alter it, then the MS can do what it wants with it, whether it is right or not.
    The same holds for the MS services as well... take as an example the Hotmail EULA...
    The solution to the MS problem is rather simple... read the EULA carefully and don't buy the product if you feel the license violates your rights (which should be the case for almost every MS product)

    --
    How to Destroy Angels II
  67. Re:Free XBOX gets Microsoft ban from Linuxworld 20 by Anonymous Coward · · Score: 2, Informative
    I notice that there's no place for a keyboard.
    See the row of sockets on the front? They're actually USB ports with a weirdy connector. Get old joypad, cut cable, determine which wire is which {unplug, test for continuity from outer shield of audio connectors to find 0V; plug in, probe to find +5V; remaining two are differential data, determine connection by trial and error}.

    There is another {again weirdy} connector a short distance along the cable, that might be for an extension lead or it might be a deliberate weak link as an anti-pull-off-shelf measure.
  68. Re:Even better suggestion by EpsCylonB · · Score: 2, Insightful

    Every time I decide to investigate this, everything I can come up with indicates that only Microsoft takes this approach.

    All the major console makers have done this a some point, the playstation 1 was sold at a loss when it was first released even though at the time it cost in the region of 300 pounds here in the uk, but sony have gained a lot more experience in making console hardware since then, the PS2 was never sold at a loss, it always either broke even or made a profit.

    What makes Microsoft different is that they don't expect to ever make money on the hardware during the current generation of consoles. This is unusual, most consoles that are loss leaders at the start of their lifetime tend to become small profit makers by the end of it.

  69. Re: Microsoft owns it? by CerebusUS · · Score: 3, Insightful

    What this article never touches on (because it's Slashdot, and Slashdot hates Microsoft) is that the update adds serious functionality to the Live client. The changes are good. They updated the main dashboard as well, and that dashboard will ship with all new games.

    They fixed the bugs because they were... get this... bugs. What allowed Linux to run on an unmodded xbox was a buffer overflow exploit. Why would you knowingly leave those in a code revision?

    You want to run linux on a xbox? mod it. or just go buy a cheap Dell.

  70. it is on the outside of the box by BlueboyX · · Score: 2, Informative

    You agreed to the EULA by buying the thing; the EULA is on the outside of the box (on the side). You had a couple of seconds while they rang it up to read the EULA, and now you have to stick by it. :P

    --
    "Never, never suspect the dreams within the dreams of dreaming children." ~The Amazon Quartet