You know all those Xbox Live users who were banned from the network recently for, apparently, connecting modified 360s to Live? Law firm Abington IP is considering filing a class action lawsuit against Microsoft on behalf of interested/eligible ban-ees.
Abington's website is looking for you 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"
The site also compares the mass-bannination to Microsoft using the "most indiscriminate 'weapons' in its arsenal in an effort to combat piracy," resulting in "a great deal of collateral damage."
I spoke to an attorney at Abington to get a little more info on the potential lawsuit, and he wasn't offering anything on-the-record about the action, so it looks like we're going to have to wait a bit to see how things shape up.
I've heard from a few TheFeed readers who purchased used Xboxes that they didn't know were modded, and subsequently had their Live accounts banned, but, so far, I haven't seen a whole lot of evidence of people saying they've been banned for no reason. But that doesn't mean they're not out there.
If I were the head of Microsoft, I wouldn't ban anyone unless I absolutely had to. Money talks, after all, and if you're paying for Gold service, I'd want to keep your dough flowing in, but hey, I'm just some jerk posting on a blog as opposed to the head of a big company, so what do I know?
But if I bought some music and some movies on Live, and then I was banned for something not having to do with movies or music, I'd probably want "my" property back.
How about you? Know anyone who's been banned from Live for any reason? What do you think about this potential lawsuit?
Comments
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xegster
Sorry, but if Microsoft allowed the modders to game with the rest of us, they'd be allowing a select group of people to dominate and ruin the service for the rest of us. Remember Halo 2? If I EVER have to put up with losing unfairly to some douche with hyper-speed again, I'll shoot myself. I think they'd lose more customers by allowing cheaters to ruin it.
WLKNDED
I love this country only in the USA Can you break the law & start a lawsuit when you get caught .Classic.
Kanaye
It will go nowhere. This is just a law firm looking to bank in on the unfortunate banning of millions of Xbox Live users when modding consoles is clearly a violation of Microsoft's TOS. They reserve the right to lock down everything in your console, as well.
I'd say "move along, folks - nothing to see here", but it seems I will be the dissident opinion here.
turdkills
Wow, some lawyers are desperate to make some money from dumb lawsuits like these.
haavokguitarist
We need to put this in context. No users were banned, the consoles were. It's the same situation as if they had messed up while illegally modding the console and broke it. They can buy a new one, recover their gamertag, and learn from the mistake.
scorpian876
I do not like playing with cheaters who has modded their x-360's.Modding your x box is against microsofts policy!
Microsoft should not re -emburce all those x box owners because they had their x boxes modded!
Read the contract policy agreement!!
elchilerojinegro
M$ banned consoles because they knew people would go out and buy new ones, boosting their sales.
Podag
I think more of the concern is everyone that had bought a used console, that was modded, and now have to get another. Theres no way to know which was which. I don't like playing with modded xbox's if they're cheating, but other than that I don't care. I understand where Microsoft is coming from, but if this is the case, I can see a lawsuit against gamestop coming up or any used console resellers that are selling potential banned consoles. Its a cycle and also a good way for Microsoft to sell new consoles instead of letting others sell used. Who knows who is to blame or if there is a blame to be placed. I can say that I'd chaulk it up to bad luck and probably buy another if I cared. I do think they're targeting the wrong person though. Well, I guess Microsoft has the most money, so it makes sense.
alaskanhybrid
If i were banned i would be mad as hell cause ive been a loyal Microsoft too long. I have had three 360's all were RROD. I am though a little more concerned about RROD cause of that. I also hate Windows Vista
bolo73
I can see getting a refund for the online account as a nice jester from M$. I agree they should be banned for cheating in game and/or pirating games. I think M$ has been a good sport in that they have not gone after anyone for pirated material
.
GreedyMcNasty
I love it. Damned if you do or Damned if you don't. Bottom line if you pay for a service you should get a service, no matter if you have modded a system that you own or not. If the service was free that would be different. I think all those people need a refund for the full amount of time they have been members.
GreedyMcNasty
Oh and just a friendly reminder of all the people that have been banned for what other friends online have done, or banned for what others have said about your online name. How many times have you heard of someone being banned for language online? How many times have you been suspended for the way you talk online while playing gears 2. Yep all the 12 year olds that play a rated M game got sick of you calling them names and had there mommy call xbox live and get them banned. This is a joke like a war on drugs or boarder patrol it will never work and will always be broken.
Frankotaco
Interesting. I would agree with this. ONLY if they search to get back there subscription fees. if you bought a years subscription, where banned only 4 months in. you should by all means get your 8 months of ahead payment back. And though I think this ban move was a poor one on MS part, publicity wise and cost wise. Suing the bejesus out of them over this in a class action lawsuit wouldn't be just.
But on that note. something like this should happen. or threat to happen. because the biggest problem with modern media law is with company's not selling you things, but giving you the right to use them (music, movies, websites, software etc.) With this progressively getting worse over time I could see eventually having to sign an agreement to buy a console, and wont really "own" it, just be legally buying the right to use it.
JohnKiller118
I say screw em'! Piracy and modding consoles is illegal and goes against Microsoft's Terms of Use. They deserve everything they get!
Good for Microsoft. The more headhunting they do, the more awesome they are.
And screw lawyers! These guys would probably defend child molesters if it would get them a paycheck!
HELLFIRE11
My friends laughed at me for getting a PS3. Then one day they got busted for their mod'd 360's. Guess who's laughing now.
Able
I would say ppl need to read the TOA and the EULA for any service they sign up for and any game they get. If you dont like what it says, then dont sign up for the service.
It pretty much says in a wonka sort of way: Its all there in black in white. You have hacked your xbox360 and now has to be banned and taken from the service. You lose, Good day sir.
Thing is, eventuly modders will get the hint and stop modding. Its like getting banned from WOW. In time ppl will get tired of rebuying the xbox360 and starting all over again.
I just find it funny that modders say that they just want to have a copy of the game they buy to play on the system. I say bull. The original disk will do fine if you take care of it. I know lots of friends that havent had to return a disk or replace due to over use. The original disk is fine and you dont need a modded xbox360 to play the games and other content.
Other then that any other features of a modded xbox360 is ether to play pirated games or run cheat programs. If a person has to cheat to win a game is basicly a unskilled noob.
I just say, if you dont like what MS is doing, then dont buy or play the content that MS puts out, its that simple.
tuner_racer
They acepted the ELUA and TOA and agreements
It says any modifactuion for the hardware,software, or any part of the console will be issued a pently
idiot lawers
DEAThHEART
Even if Microsoft was right to ban all the modded xbox, they shouldn't have done that because they just open a giant can of worms. It's gonna end badly for someone, i'm just saying.
Bulbachar
That law suit isn't a good idea. That law firm is really asking for it going after a large corporation for people that knew they were breaking the law. I feel sorry for the people that bought banned Xbox's in the mass sell off after the ban.
kylsav
I think a lot of you are missing the reason of this investigation.
I think people who modded there consoles should be banned from xbox live, but they disabled functions on the xbox that don't involve xbox live. You cant copy games to your hard drive and play anymore. Divix playback is also removed, etc etc.
People where also banned who didn't pirate as well, I was banned myself but do to a FAN MOD. My friend was also banned but not for a hacked console, my only guess cause it was repaired by someone besides Microsoft.
Yes i understand that was a risk i don't plan on buying a new xbox. but to remove alot of features that don't involve xbox live isn't right.
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