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Microsoft's bricking of modified Xbox 360 consoles may bring the company its latest class action suit. Microsoft tells the over 1 million banned customers to buy a new Xbox 360 or deal with their crippled unit.
Legal firm is looking for banned Xbox owners to participate in suit

Gamers are really into tweaking their gear for fun and to achieve the best performance during gameplay. PC gamers overclock their hardware to get more performance for less money and console gamers have modded their Xbox 360 consoles for many reasons (some for innocent reasons, some for nefarious reasons).

Microsoft appears to feel that the only reason to mod an Xbox 360 is to allow the console to play pirated download software. A law firm based in Texas that specializes in IP has launched a new website to gather Xbox 360 users who have been banned for modding their consoles. The main goal of the firm is to find out whether there are enough console owners that were banned to start a class action suit against Microsoft.

The law firm wrote on its website, "Microsoft has chosen to use one of the most indiscriminate "weapons" in its arsenal in an effort to combat piracy -- as a result, use of this "weapon" has resulted in a great deal of collateral damage -- many people were affected who had nothing to do with piracy."

According to the law firm, AbingtonIP, the bans were strategically timed so that they didn’t interfere with the sales and new Xbox Live registrations that were seen around the launch of HALO ODST and the recent launch of Modern Warfare 2. AbingtonIP states that had the bans happened before the launch of these games the profits reaped by Microsoft would have been diminished.

So far the Xbox 360 ban has led to more than 1 million consoles being banned from the network with the official recourse for the banned players being to buy a new console and not mod it this time around. A potential fix for banned consoles that doesn't involve buying a new Xbox 360 surfaced. The workaround is called iXtreme LT and the goal of the workaround is to provide a minimum amount of security checks and make the firmware as close to stock as possible to avoid detection and the resulting ban.

The fix arrived but was rather complex and required that the Xbox 360 not have been updated or the player to have access to the CPU key of the console. DailyTech has also spoke with an attorney -- Jeffrey Johnson -- about the banning of Xbox 360 console form the Xbox Live network.

Microsoft's official statement on the banning of certain consoles reads, "Our commitment to combat piracy and support safer and more secure gameplay for the more than 20 million members of our Xbox Live community remains a top priority,” he wrote. “All consumers should know that piracy is illegal, and that modifying their Xbox 360 console to play pirated discs, violates the Xbox Live terms of use, will void their warranty and result in a ban from Xbox Live."



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RE: Bunch o' babies
By Reclaimer77 on 11/23/2009 3:26:52 PM , Rating: 0
quote:
Not all things in a EULA are legally enforceable.


???

I'm pretty sure all EULA's are reviewed by some legal authority or commission. X-Box Live's EULA has been around for years and nobody has ever made a fuss over it or has any legal questions been raised about it. So what exactly does your comment mean ?

Their EULA is most certainly legal, and they most certainly are enforcing it. This is NOT a legal mater as I see it.


RE: Bunch o' babies
By xmichaelx on 11/23/2009 4:08:12 PM , Rating: 5
quote:
I'm pretty sure all EULA's are reviewed by some legal authority or commission.

This may shock you, but the entire world does not abide by U.S. law.
quote:
X-Box Live's EULA has been around for years and nobody has ever made a fuss over it

No one has made a fuss because this is the first time MS has done this. Perhaps you comb through EULAs looking for unenforceable clauses, but the average person has no reason to until something detrimental happens.

Also, several people on various lists who saw their machines get screwed up hadn't modded it, and so were already following the EULA.


RE: Bunch o' babies
By Reclaimer77 on 11/23/09, Rating: 0
RE: Bunch o' babies
By Etern205 on 11/23/09, Rating: -1
RE: Bunch o' babies
By Reclaimer77 on 11/23/2009 11:55:12 PM , Rating: 3
Wait, what !?? I'm NOT in support of people modding. I'm clearly siding with Microsoft on this issue. What are you talking about ??

And lol@bringing up someones ratings on Daily Tech. As if that in any way reflects the quality of the poster.


RE: Bunch o' babies
By dark matter on 11/24/09, Rating: -1
RE: Bunch o' babies
By callmeroy on 11/24/2009 8:28:39 AM , Rating: 3
No he's right -- it doesn't....

As a very long time user of this site (this user name is my 3rd through the years -- and btw, not because of hidding but my own forgetfulness has caused me to need to make new ones), you get a feeling that many times posts are mod in a knee jerk reactions or to align with the popular trend of a thread - rather than well thought out personal view conflicts or reasoning.

Reclaimer 77 has pissed me off in posts in the past where I thought it was a jerk...but you know what other times I've agreed with his views as well....like this one -- he's right.

The mod system is a joke here the only think that makes it annoying is when you actually really aren't trying to be a smart ass but instead to really give a reasoned view point based on either research or experience in something and some putz mods it down because they just feel like it.

(much like this one will be if my experience here has taught me anything...lol)


RE: Bunch o' babies
By eegake on 11/23/2009 5:25:05 PM , Rating: 1
You don't understand the practice of law. EULAs are manufactured out of whole cloth by bozo-nosed greed clowns and may contain nearly anything they fancy. Lawyers use the law to extract money from said bozo-nosed clowns by helping them with their avarice.

There are no authorities, there is no truth, goodness, or decency. I hope I'm not the first one to point this out to you.


RE: Bunch o' babies
By tmouse on 11/24/2009 7:57:52 AM , Rating: 2
Sorry but you are wrong. The EULA is simply a contract, nothing more. You could put anything you want into a contract, BUT local laws could render the contract invalid. MANY things are put into contracts that run counter to laws, as long as no one complains its considered OK. That's why all EULAs have some form of disclaimer at the end stating unless counter to local laws, or words to that effect. Here there could be at least two venues for action first is limiting access to 3rd parties for standard parts, like hard drives and DVD players, thus forcing people to purchase only parts Microsoft has financial interests in. Second there is no reasonable expectation that offline functionality would be effected when online ability is removed. So while it's their sandbox they can block you from playing in it BUT they cannot break your shovel and put a hole in your pail.


“So far we have not seen a single Android device that does not infringe on our patents." -- Microsoft General Counsel Brad Smith














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