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Xbox Live Class Action Being Investigated

Posted by kdawson on from the modders-unite dept.

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?"

4 of 453 comments (clear)

  1. lol @ 'finally standing up' by mnslinky · · Score: 5, Insightful

    These class-action lawsuits only serve one purpose - to make the lawfirm originating the class action a boatload of cash.

    1. Re:lol @ 'finally standing up' by debrain · · Score: 5, Insightful

      Sir - With respect,

      Class actions typically serve three purposes, none of which is making lawyers rich (though that may sometimes happens, sometimes it bankrupts law firms, too). These purposes are:

      1. Modify corporate / government behaviour

      2. Increase the efficiency of the resolution of a dispute

      3. Increase the access to justice of those who would not be able to afford any

      It is not insightful to say that class-action lawsuits serve one purpose: to make a "lawfirm (sic) a boatload of cash". It is uninformed, misleading, pejorative, and unsubstantiated - which in my opinion is the opposite of insightful.

      There are innumerable examples of class actions fulfilling their purposes, from recognizing the rights of veterans to appropriate levels of compensation, to deterring irresponsible behaviour likely to cause man-made environmental disasters, through compensating multitudes of individuals for small wrongs that would be otherwise incomprehensibly uneconomical to litigate.

      Further, a class action is simply a vehicle for resolving the rights of many individuals who would otherwise be forced to engage in individual litigation. It does not change substantive rights to any sort of compensation, though it may change (and generally eliminate, for beneficiaries in a plaintiffs' class) the cost of resolving a legitimate dispute that would otherwise simply never be addressed.

    2. Re:lol @ 'finally standing up' by LWATCDR · · Score: 5, Insightful

      They didn't take any functionality from your XBox at all. They booted you off THEIR NETWORK.
      When you first got on the network the agreement was that if you mod your XBox your booted off.
      You AGREED TO THAT and now it has happened.
      It is COMPLETELY legal and frankly fair.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  2. Worry? About what? by Anonymous Coward · · Score: 5, Insightful

    No.

    They should not worry.

    Nothing will happen here. The terms of service clearly state that to play on Xbox Live, you are not allowed to modify your xbox360. The accounts are still present and valid. The consoles are simply banned from accessing the service. Hobbyists can still be hobbyists. The Xbox360 will still work, but the Xbox Live service will not.