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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magneto9
This lawsuit will get absolutely nowhere.
I feel no sympathy for those who are banned. And those who try to defend them are really plain idiots. You all agree to terms of service by playing the xbox on xbox live. In those terms, microsoft is fully covered to punish you for failing to abide by them.
Way to fail people.
Jimi0088
How is it illegal to mod your system. It is your personal property. If I wanted to run my xbox over with my truck then I will and Micro*&^%ers can say and do nothing about it. And if you OWN the game and make a back up that is not illegal either. So Micro*&^% is going to have a huge headache to deal with now. Im glad since they squeeze every last penny out of their customers.
And I don't know what justifies Micro*&^%ers banning user that have third party harddrives. This is an extreme boatload of *&^% if I ever say a boat load of *&^%.
Down with the Micro*&^%ers
sampsell243
Considering modding the console is illegal(I think) in the first place i don't actually see how they could file a law suite. Wouldn't it be that they took the risk and where caught? That sounds like its thier own fault...But hey I guess everyone is out to sue everyone these days...
koolboricua
you know what is even worst, one of my classmate is a huge modder. He has modder 6 xboxes which all got banned, and you know what he do, bough others, mod them, brough the banned one back to the retail store and got his money back. So in reality this is a never winning battle. This damn kid keeps modding his xboxes going online with new gamer tag and still pirating games. Now i dont have problems with pirates to each its own but damn there has to be another way to stop it cuz actually M$ is losing money.
CannonFodder06
People that got banned for mods got what they deserve. They tried to beat the system and got beat down instead. There may be less than 1% that have a legitimate complaint, probably more than 1 that got banned after buying their xbox on ebay. I do think MS should have a place on xbox.com where you can type in a console seriel number and find out if it is banned to help keep people from selling all of these xbox's that just got banned. I guarantee that they are all up on ebay for $50 and someone is going to get scammed for christmas. Plus then places like Gamestop could use it to check before taking the consoles on trade and selling them.
KEYSON
now i a lot more gaming company's will do what Microsoft did be a better place on line having fun you cheat you loose .
gme27
you fools who have nothing better to do than get online and call people names need a life. one more thing why don't you talk to some one who used vista and microsoft banned for getting a 360 repaired by some one other than microsoft. better yet deal with it vista yourself.
Bazinga
/facepalm. i wish they made this site 18+ so we wouldnt get all these stupid replies. Why is stealing wrong? you are taking from someone else. you steal a console from someone else. if you cant buy a game, and you get a copy of the game, you arent taking from someone else. no one loses anything. the developer gets no less money because you got a copy of the game then if you didnt. same is true with retailers...
im not saying obtaining illegal copies of the game is morally justifiable, but that its not the same thing as stealing physical objects...
most of the people responding are just idiots too influenced by propaganda to see the real issue.
videogaming is getting bigger and bigger, and i hope to God you guys have enough sense to protect your own damn rights when they're being threatened...
kinghunter64
then again i'm not sure who i hate more the lawyers, or the people who go out on the most insanely idiotic cases. (i.e. autopilot RV, My kids a fatass because he eats McDonalds 3 times a day, and oh I didn't know coffee was hot). They should seriously make some sort of common sence rule. If whatever happened to them was becasue they were complete retards, they should be locked up in a nice white room with a tight jacket.
kinghunter64
I hate lawyers with a passion.
TheSiwentKiwwah
@krazy2much If you can't afford to buy games, why is your solution to steal them? I don't get that. If you can't afford the console, do you take it too? What about your car? You steal that? Your lack of funds is a terrible reason to steal. Developers spend months and millions of dollars on games, and you think you have the right to steal them because you can't afford it??
DamageContrl
Nothing will happen. It's a waste of time and money...
1) The ToS clearly states that modded consoles are not allowed
2) How is that not illegal to modify a console to play pirated games?
3)The consoles were banned, not gamertags.
4) If you went into modding your system without knowing the risk of being banned, you're an idiot and deserve to lose your Xbox
skytripa
I agree with tragedy93. Also if you want to try a game out Krazy2much how about you get a sub to gamefly. You can try any game out you want and not have to buy it.
gme27
this is all just a way for microsoft to make more money. just as kylsav mentioned it don't really much make a dif if it's modded they'll still bane you. one more thing how can they just keep you from running games from your hard drive if you pay 60$ a pop or more, who's hard drive is it any way? I'm getting rid of all microsoft products from my house. You think they really care about someone cheating you in Madden and if so why did it take them this long.
Krazy2much
Krazy2much's comment is abusive and has been removed.
CNCOMICS
Honestly, it will go down on how the Terms of Agreement will read as far as accessing XBOX Live through a modified console. Remember, you are an end user and you are entitled to do whatever you want to your XBOX or any phone, console, car, etc. But at what point will you be crossing the line according to the ToA? It's perfectly legal to make backups of your games, but are you able to bypass the console's hardware's and software's orignal configuration to play off of a hard drive AND access XBOX Live at the same time, regardless of one-upping other players or for personal enjoyment?
xN7 SNiiPer209x
they will lose because there are Rules and Terms of Agreement included in the Xbox 360 manual and when creating a Xbox Live account.
jml191
Can't the people get their points back by just logging in on a different xbox? I thought just the hardware was banned not the account.
DukeNukem2oo4
Wow reading just the part that the law firm is going for a refunded or prorated sum for the time left on the banned people's subscription is the dumbest thing I have seen or read on this lawsuit. I know not all the people that were banned were doing wrong cause I have heard of a few saying they were banned for no reason but for those who were banned for doing wrong shouldn't get a penny back. The reason these people were banned was because they were making illegal copies of games, so why give them any money if they were stealing money from the developers of these games they made copies of. And if for some odd reason they do give the money back to these people who did make these copies, they should be forced to give that money to the developers of the games the did copy and in the end still come out with nothing or worse pay back more due to the amount of copies had. And for those who did wrong and got banned, well you have nothing to do now due to that fact so get off your gaming ass, get a job, and buy a new 360, online subscription, and buy the games at the store just like the most of us have to do. If you don't like this idea then stay banned with your little white brick.
haavokguitarist
Fact is, if YOU agreed to the Terms and Conditions of Xbox Live, YOU are the only one to blame for what happens by breaking the agreement.
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