Slashdot Mirror
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?"
WRONG.
They removed OTHER functionality from the box UNRELATED to XBOX LIVE. I don't remember seeing "disabling normal operation of your xbox" in the Terms of Service. This is illegal and with any luck MS will be punished for it.
Don't get me wrong, I am happy that pirates and hackers are removed from XBL. But the minute MS destroys offline functionality on a modified box, they are asking for legal action.
Prove it.
Would it be so easy to point the finger if we weren't talking about Microsoft and DVD firmware and instead the case was about, for example, your ISP disconnecting you for installing an unsanctioned operating system? Whose would be at guilt then from your point of view?
Ok, what is this mythical 'OTHER functionality from the box UNRELATED to XBOX LIVE' that was removed by cutting off access to Xbox Live?
Wow.. Modded down for confirming a valid point, while v1 gets modded up for being "part of the problem". Slashdot at it's finest. I'll just stop bothering to convince thieves to stop being thieves.
I refer you to this for your first statement and remind you that my argument isn't "They should have known MS would do this" but "MS shouldn't have been able to do this" for your second.
>>>So, tell me - when you signed up for the subscription, did the terms you agreed to include language to the effect that if you modify your console you will be banned from the network without refund?
>>>
So, tell me - which has higher precedence in a court of law? The Microsoft EULA? Or the Consumer Protection Laws which require businesses to offer a pro-rated refund when subscriptions are prematurely canceled?
Based upon the precedent set by the Paypal case, the law will be held to be supreme - and MS will be fined.
"I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall