TechSpot

Xbox Live bans prompt class action lawsuit

By Jos
Nov 20, 2009
  1. Looks like the recent wave of Xbox Live bans -- in which as many as one million users were cut off from the service -- is ready to evolve into a into a full on legal showdown. A Texas-based law firm by the name of AbingtonIP is reportedly organizing a class-action suit claiming Microsoft timed the bans to extract the maximum amount of money out of customers.

    Read the whole story
     
  2. They definitely have a case. M$ could have banned all these so-called cheats long ago if they wanted to. They(M$) are business savvy people hence the perfected (banned) timing with the release of these high rated and anticipated games. They ought to be sued... they are no less a cheat than the said people they banned.
     
  3. The lawyers will gain the most out of these lawsuits not the people they represent.
     
  4. They have every right to do it though, it says so in their terms of service.
     
  5. TomSEA

    TomSEA TechSpot Chancellor Posts: 2,388   +425

    They don't have a chance in hell of winning against MS. Users signed the agreement when they registered for Xbox Live which specifically prohibits box modification. It's MS's prerogative to enforce that agreement at any time they wish.

    If they get any money out of this at all, it'll be some small settlement from MS just so they don't have to bother with putting a legal team together to fight it.

    This is just a money-grab intent - has nothing to do with "right a perceived wrong."
     
  6. paynetrain007

    paynetrain007 TS Rookie Posts: 88

    Retarded lawyers.... If you laid all the money hungry lawyers end to end around the equator...... we'd all be better off.
     
  7. RealXboxMaster

    RealXboxMaster TS Rookie Posts: 139

    U stupid a.. These people who got bannned deserve every bit of it. Microsoft is protecting their investment and making sure people who pay for thier services can enjoy a hacker free online experience. This has NOTHING to do with the pre relese of COD MW2 or Halo 3
     
  8. RealXboxMaster

    RealXboxMaster TS Rookie Posts: 139

    U stupid a.. These people who got bannned deserve every bit of it. Microsoft is protecting their investment and making sure people who pay for thier services can enjoy a hacker free online experience. This has NOTHING to do with the pre relese of COD MW2 or Halo 3

    I 110% agree with TomSEA.
     
  9. RealXboxMaster

    RealXboxMaster TS Rookie Posts: 139

    AbingtonIP is just looking a ways to cash in from MS. I don't think so..
     
  10. Vrmithrax

    Vrmithrax TechSpot Paladin Posts: 1,286   +232

    If part of the basis is the ridiculous claims that this generated more Xbox Live revenues, there is no way in hell these ambulance chasers will win. From everything I read, the console was banned, not the account. So, new unmodded LEGAL Xbox, no problem. Nothing to do with the subscriptions accounts. Unless, of course, what I was reading in previous discussions about these bans was incorrect. And even if that is correct, so what? Live is a service, and as such Microsoft reserve the right to refuse service to anyone, for any reason they so choose. It just so happens they chose a completely legally defensible position in which the modders invalidated the EULA for the Live service.

    The only ones who will win are the lawyers. The class action lawsuit will fail, and MS will get more bad PR.
     
  11. gobbybobby

    gobbybobby TS Maniac Posts: 552

    I hate that u cannot back up game disks. I hate that, I lose, scratch or have my Xbox destroy many of my games. I have given up and not renewed my Xbox live Subs. I ahve concidered backing all my games up. (LEGAL IN THIS COUNTRY) and just burning new didks when one breaks. Byt No M$ Stupid Ts and Cs say. no u cannot do that. And for the people that have done it, for the LEGAL reason of backing games up, they are treated as if they are law breakers. Well I hope M$ get sued a **** loads and are forced to re-connect each and every console modified to play legal game backups.
     
     
  12. Tekkaraiden

    Tekkaraiden TS Maniac Posts: 921   +57

    For the cost of a replacement disc you're argument is invalid. If you are unhappy with a product, discontinue using it, they're are alternatives. I'm sure Sony would love to have your business.

    As to the topic the ban only disallows them on xbox live, other than that the console are still fully functional. A user can purchase an new/ unmod the console and the account will be playable again. You have to agree to the terms of use when you sign up to xbox live and if you break it they are within their legal right to terminate your service.
     
  13. gobbybobby

    gobbybobby TS Maniac Posts: 552

    Yea. They would. And they have! But I will be playing on my 360 again when they do thsi free gold week. maybe I will buy a new subscription so I can play Halo 3 and Gears 2 again, I also wanna use the Sky player. I still think there should be a backup option for all consoles. Wii, PS3, Xbox. But Xbox especially. ive never brokn a PS3 game, but my xbox games seem to always be broken, as for my Wii games, well I only use them 1 or 2 times a month so...
     
  14. PCIGamer

    PCIGamer TS Rookie Posts: 113

    Xbox live console bannings aside, which i agree is absurd and MS will wipe the floor with them....what , they, - the law firm - *really* should be going after is the fact that once you are banned MS cripple your hard-drive/memory cards rendering them effectively useless.
     
  15. PCIGamer

    PCIGamer TS Rookie Posts: 113


    Terminating your service is one thing but after a console is banned the xbox is not fully functional at all. Any hard drives/memory cards you used on a banned console is crippled.

    So scenario is, Johnny plays Xbox live on his modded console. Gets banned, learns his lesson, buys a new console, connects his HDD from his banned console over to the new console, his profile will appear corrupted. No choice but to format the HDD and start over, losing saves, any DLC he purchased, videos

    The law firm is clueless - this is what they should go after, IMO they have a case if they go after this. Going after upset people banned from Xbox Live is absurd
     
  16. PCIGamer:

    "So scenario is, Johnny plays Xbox live on his modded console. Gets banned, learns his lesson, buys a new console, connects his HDD from his banned console over to the new console, his profile will appear corrupted. No choice but to format the HDD and start over, losing saves, any DLC he purchased, videos"


    Not true, apart from the game saves everything else will be available to download again for FREE from xbox live. The modders have no case and they know it, they are just pi$$ed off they got caught. Like everyone on xbox live they agreed to legally binding terms and conditions and now MS want to enforce they all moan.

    What a joke, lmfao!!
     
  17. Xclusiveitalian

    Xclusiveitalian TS Guru Posts: 692   +48

    Once you motified your Xbox360 for any reason, you broke there terms of service. You can't argue anything, you broke the law. The system still works so there is no lawsuit, you just can't go on xbox live. Consider yourself lucky thief. I don't own a xbox 360 it is to cheap, I own a ps3 and I pay alot for games, the part were your getting them free is enough for me not to piety you.
     
  18. tonylukac

    tonylukac TS Maniac Posts: 958   +23

    Why are all these terms of service the word of God? I don't believe in God either.
     
  19. paynetrain007

    paynetrain007 TS Rookie Posts: 88

    even someone who only takes moderate amount of care of their discs should get a long life out of them. I was 10 years old once and all my old discs still work for the most part. As for the HD's and what not getting crippled ya thats unfortunate and it would be nice for Microsoft to remedy that, but they don't have to and theirs no legal argument against it. And the only thing you would really loose are saved games. Your account can be recovered on a new console and the DLC re-downloaded.
     
  20. paynetrain007

    paynetrain007 TS Rookie Posts: 88

    Wow?? do way to be incredibly off topic.
     
  21. The machine gets banned and the customer is still being charged for a service they no longer have any use for, since they have nothing to access it with. At that point MS is charging for a service that they know is of no use to that customer. I would say they are guilty of illegal enrichment. MS is smart say 1,000,000 customers x 50cents a day until they cancel their accounts. Do the math not to bad a take for providing nothing and knowing that fact. MS should have notified these accounts of the impending ban, that way the choice would have been available to the customer to end their account to avoid paying for a service they no longer needed. This is about the public enforcing Ethical behavior on a not so ethical corporation. Its not about making money from lawsuits or getting over on the poor misunderstood company. It's every citizens duty to help keep our businesses in line.
     
  22. PCIGamer

    PCIGamer TS Rookie Posts: 113

    their account is not banned, the console is. They can sign in to Xbox Live from another console. What is the problem?
     
  23. PCIGamer. Please read an TRY to understand what is written before you you make ***** statments.I you have a problem with that please contact an adult to explain. "their account is not banned, the console is. They can sign in to Xbox Live from another console. What is the problem?"


    Their are no stupid questions, just a lot of inquisitive *****s
     
  24. There is nothing illegal about microsoft making money. People should be happy they were able to play as long as they did. As crappy as microsoft is, they aren't stupid when it comes to making money. Of course they would maximize profits before banning. the live accounts are still active so why would they offer refund for remaining time. All ya got to do is get another xbox and don't modify it.
     
  25. No one should have to buy a new console just to use xbox live. that just means more money for microsoft. they should refund all the money they stolen from people 2 wrongs don't make a right thats an old saying and microsoft should know that. i don;t feel bad for them 60.00 for a game is highway robbery and almost 90% of the games out there are terrible anyways
     
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