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Xbox Live Class Action Being Investigated
eldavojohn writes "Were you negatively affected by the recent ban on Xbox Live for modifying hardware you own? Did you modify yours for homebrew or altering things you paid for and not to engage in piracy? Abington IP would like to hear from you and may be able to help. From that page: '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.' Someone is finally standing up for the legitimate hobbyists. Should Microsoft worry?"
The DVD drive mods that people got banned for were all about playing 'backups' which really means pirated games in 99% of these cases.
The terms of use seem pretty clear:
The Service may only be accessed with an original Xbox, an Xbox 360 console, a personal computer, or other device authorized by us, or by logging into your account via Xbox.com . You agree that you are using only authorized software and hardware to access the Service, that your software and hardware have not been modified in any unauthorized way (e.g., through unauthorized repairs, unauthorized upgrades, or unauthorized downloads
Refund Policies. Unless otherwise provided by law or in connection with any particular Service offer, all charges are non-refundable and the costs of any returns will be at your expense. There are, however, certain circumstances under which you may be entitled to a refund for certain Services.
So what part of that seems unclear enough that it warrants a lawsuit? If you don't agree with terms of use, don't sign up for the service then whine when they catch you violating the terms of service and terminate your account.
I've been reading the argument that people have just been banned from XBL, because modifying your console somehow violates the TOS of XBL.
However, this time the ban does not just kick you off online multiplayer, it also disables functionality to install games on the included HDD! Games already installed on that HDD will not be accessible anymore. Also, any savegame you continue playing with on the banned console will get tagged with the result that you can't copy it to any other (banned or unbanned) consoles anymore.
Since a lot of people bought the Xbox360 with the ability to install games on the internal HDD right out of the box it can be argued that MS impaired the users' hardware in some way.
Also: it is rumored that it is possible for MS to band your console through future (mandatory) updates on game discs, even if you never played online. The technical capabilites are there, but if they ever start doing that their XBL-TOS-argument will be seriously flawed.
and $5 more in my pocket for shooting off an email or signing a paper is fine by me, even if someone else thinks maybe I'm entitled to $50.
I work for the Department of Redundancy Department.
No, they haven't terminated any agreement. The accounts are still live and valid, and if the modders want to log in from an unmodded console they're still welcome. Remember: it's the CONSOLE that's banned, not the user.
---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"
Microsoft has done much more than prevent access to the service. These are other features that have been blocked:
* Cannot install games to the HDD
* Cannot use Windows Media Centre extender
* Cannot access netflix rentals
* Cannot download game updates and extra content that are used in offline play
Incorrect. Your Xbox live account works just fine, it just does not work on that specific console anymore. If you go buy a new console, your live account will log right back in all hunky-dory.
>>>They booted you off THEIR NETWORK.
And failed to refund upto 2 years of Xbox Live subscription, or refund dollars for games that no longer work without the online connection.
As a clarification, they did not boot you off of Live, they booted the console off of Live. You still have a subscription, your modified hardware just can't use it. Your subscription will still work on a legitimate device.
Write your representatives! Repeal the 2nd Law of Thermodynamics!
It's worth noting that the features that were revoked *ARE* connected to the Live service. You need a Live connection to install a game to the hard drive, to use the media extender, or to check your Netflix queue. If you don't believe me, please unplug your xbox from your network and try to use these features. They haven't removed any functionality from your console that you had when your ethernet cable was unplugged. Whether or not those features should be gated on being connected to Xbox Live is a totally different discussion. However, after the 'loss of these unrelated features' argument has been dissolved, the overall case is sincerely weakened. Corrupted save games are a valid concern, as are unrefunded subscriptions (though it's possible that TOU handle the latter with ease).