XBL Ban Class action lawsuit
Eman
a law firm that is investigating a class action lawsuit against MS.
http://www.abingtonlaw.com/Xbox-Live-class-action.html
Seems like the TOS is pretty specific, but maybe these guys have a
loophole. Odd are they're just out to take money from people who take
playing video games too seriously and yet don't want to pay for the
games.
Tempest
The first question I had when I read this was if he planned on working
the case pro-bono or accept payment only from the settlement.
If not, the guy is trying to fleece the gullible.
Either way, it's doubtful the case would even get a hearing.
Mitch
void the warranty?
Eman
> Isn't a mod a violation of the Terms and Conditions, or does it just
> void the warranty?
It voids both, but they're arguing that people mod their XBoxes for
reasons other than pirating games. Also, it was cruel and unfair to
ban modded Xboxes coinciding with the release of COD:MW2. If I didn't
read it myself, I would have thought it was an Onion article.
Not Sure
> On Nov 20, 3:13 pm, Mitch <Mitch@...> wrote:
>
> > Isn't a mod a violation of the Terms and Conditions, or does it just
> > void the warranty?
>
> It voids both, but they're arguing that people mod their XBoxes for
> reasons other than pirating games.
I can argue that the sun rises in the east but no one is going to
believe me.
Mitch
> If I didn't read it myself, I would have thought it was an Onion article.
Well, whenever lawyers are involved, truth is stranger than fiction.
Monoxide
I believe one of the major issues is people that knowingly resell a
banned xbox console to unsuspecting people.
Trevor Smithson
'
Fighting the live ban is a sure fire loser.
A lawuit challenging MS's disabling of game installation and media
streaming--which have nothing to do with live--would have a decent
chance.
AGENT47
It would be nice if MS sent a warning when that said person first
logged onto LIVE and it said
"WARNING THIS CONSOLE HAS BEEN BANNED FROM XBOX LIVE DUE TO ILLEGAL
MODIFICATION YOUR GAMERTAG MAY BE AFFECTED IF YOU CONTINUE USING
CONSOLE ID# _________ PLEASE CALL MS FOR FURTHER INFORMATION"
Mitch
>
> It would be nice if MS sent a war
Why? They get to keep the money, and the banned console isn't using
bandwidth on their servers. They win.
Anyone savvy enough to mod their console, then figure out how to
download, burn, and play pirated games also knows their violations.
Would a Microsoft warning make them say "Oh, my word! I had no idea. I
do believe I'm gettin' a case o' the vapors."
Come on.
The only reaction any of them should have is "D'oh!"
The idea of people suing because they can't steal games can only come
from a liar. I mean a lawyer. I mean an asshole. By which I mean a
lawyer.
AGENT47
No I was talking about innocent people buying a used 360 at a pawn
shop or where ever and taking the console home and logging onto
XboxLive and finding out they have a 'locked' console due to someone
elses modding it.
Tomcat
> No I was talking about innocent people buying a used 360 at a pawn
> shop or where ever and taking the console home and logging onto
> XboxLive and finding out they have a 'locked' console due to someone
> elses modding it.
>
If you buy a used car and then later find out it won't pass inspection
and is illegal to drive, who's responsibility is that?
AGENT47
I'm just talking about an innocent person buying a used console not
knowing its modded .
Say for example someone walks into a pawnshop sees a 360 sitting on
the shelve, tries it out in the store and takes it home after his
parents buy it , then logs onto LIVE and gets the message , this
console has been modded , so he just takes it back to the pawnshop for
refund.
I'm not talking about the lawsuit at all.
Tomcat
It's possible if you buy a 360 from GameStop, or a reputable pawn
shop, or some other large chain they would let you take it back within
a short amount of time if there are problems including not being able
to use LIVE for whatever reason, explicit message on the screen or
not. Just like if you buy a car from CarMax and there are problems or
even if you just don't like the car they will let you return it within
a certain amt of time.
But in general, if you buy a used product it's caveat emptor. If you
get stuck with a used 360 that's been modded then that's the price you
pay by not buying a shrinkwrapped 360.
AGENT47
Interesting article here and some good comments at the bottom.
GMAN
>On Nov 23, 5:05=A0pm, Tomcat <tom_overton_1...@yahoo.com> wrote:
AGENT47
>
> - Show quoted text -
is pawn shops the topic? or banned consoles? I used pawnshops as just
an example
wow
AGENT47
> I believe one of the major issues is people that knowingly resell a
> banned xbox console to unsuspecting people.
It would be nice if MS sent a warning when that said person (being the
unsupecting person) first
logged onto LIVE and it said
"WARNING THIS CONSOLE HAS BEEN BANNED FROM XBOX LIVE DUE TO ILLEGAL
MODIFICATION YOUR GAMERTAG MAY BE AFFECTED IF YOU CONTINUE USING
CONSOLE ID# _________ PLEASE CALL MS FOR FURTHER INFORMATION"
^^^^^^^^^^^^^^^^^^^^^^^
Monoxide
>
> It would be nice if MS sent a warning when that said person first
> logged onto LIVE and it said
> "WARNING THIS CONSOLE HAS BEEN BANNED FROM XBOX LIVE DUE TO ILLEGAL
> MODIFICATION YOUR GAMERTAG MAY BE AFFECTED IF YOU CONTINUE USING
> CONSOLE ID# _________ PLEASE CALL MS FOR FURTHER INFORMATION"
That would make too much sense; but to be honest Gamestop and other
resellers should be verifying these consoles before paying the people
selling them.