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Law Firm Investigates MS Over Xbox Live Bans

The AbingtonIP law firm is conducting a class action investigation into Microsoft and the recent banning of over 600,000 Xbox Live subscribers. The investigation is surprising considering that the banned accounts were linked to modified consoles. However, the law firm suspects foul play in regards to Microsoft's business practices, and is calling on the banned gamers--or whoever else the firm can dig up--that can testify against the software giant.

The firm's online query form, which can be accessed here, explains its reasoning behind the investigation. "Although modification of Xbox consoles is *arguably* against the terms of use for Xbox/Xbox Live, Microsoft "conveniently" timed the Xbox console ban to coincide with the release of the new Call of Duty: Modern Warfare 2 game and less than two months after the release of the very popular Halo 3: ODST game," the law firm said.

The firm goes on to prove its case, reporting that Microsoft obtained information from the console owners without permission, and that the company disabled or altered Xbox functionality that was not related to Xbox Live or piracy (the hard drive, Netflix, music, etc). As a result, Microsoft's indiscriminate weapon to combat piracy caused quite a bit of "collateral damage."

"Many people were affected who had nothing to do with piracy," the firm states. "Furthermore, Xbox console functions that have nothing to do with piracy were also affected or disabled. Details aside, Microsoft's bans could (and should) have been more measured."

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  • lucky015
    Sounds good
    Reply
  • beayn
    If someone was banned and didn't have a modded console, I'm sure there is a way to prove it and get un-banned. Anyone who has a modded console should have no case here. It was your own fault for playing pirated games online to start with.
    Reply
  • Dandalf
    People who put themselves entirely in the hands of some proprietary software/hardware combination for their computing experience, really shouldn't bitch when their e-life is destroyed by their overlords. Fools. I can honestly say I will NEVER in my life put myself in the position where I can be cut off from my own machine and data by some company somewhere - and I'm sure the rest of the Toms Hardware community are right with me.
    Reply
  • JOSHSKORN
    I don't think modified consoles should just get banned. What I do think, is that users should have the option to "be banned" or pay extra fees for having pirated games on their system. Also, I think that there should be a service, similar to D2D for PC Games where you can download and install games onto your console.
    Reply
  • The Dark Wall
    "Recent banning of 600,000 accounts"

    The number is over 2,000,000 now! Gotta keep updated dude!
    Reply
  • nzprogamer
    beaynIf someone was banned and didn't have a modded console, I'm sure there is a way to prove it and get un-banned. Anyone who has a modded console should have no case here. It was your own fault for playing pirated games online to start with.modded console does not mean the owner playing pirated games. Micosoft needs to prove the modded console owner playing the priated game and only ban the player playing the game not the Xbox live service. because the modded console owner could be playing the real game not the priated one
    Reply
  • jay236
    Don't get your hopes up for the people who have banned modded xboxes...
    Reply
  • igot1forya
    "Are you a recovering video game addict? Have you recently had your XBox account blocked! Then you may have money coming to you! At AbingtonIP we put your video game players first!"
    Just a bunch of Ambulance chasers I say!
    Reply
  • Actually as a lawyer (I'll probably get 100 down votes just for that) I kinda questioned this action when I first saw what Microsoft was doing (my lawsuit sense was tingling). Although I don't know enough about this area of law to have any idea about the legality of the action something seems fishy about the extreme nature of what MS did. They probably have a right to ban these consoles from their Xbox Live service, but I'm not sure if they can outright brick (or essentially brick) the hardware such that it no longer operates in offline mode. I'm not sure how this will turn out, but I wouldn't just write off this as a case of ambulance chasing - there might be something to this.
    Reply
  • kettu
    nzprogamermodded console does not mean the owner playing pirated games. Micosoft needs to prove the modded console owner playing the priated game and only ban the player playing the game not the Xbox live service. because the modded console owner could be playing the real game not the priated one
    They don't need to prove that:
    http://www.xbox.com/en-US/legal/LiveTOU.htm
    16. Service Operation and Equipment.
    You agree that you are using only authorized software and hardware to access the Service, that your software and hardware have not been modified in any unauthorized way (e.g., through unauthorized repairs, unauthorized upgrades, or unauthorized downloads), and that we have the right to send data , applications or other content to any software or hardware that you are using to access the Service for the express purpose of detecting an unauthorized modification.

    Nightraptor1Actually as a lawyer (I'll probably get 100 down votes just for that) I kinda questioned this action when I first saw what Microsoft was doing (my lawsuit sense was tingling). Although I don't know enough about this area of law to have any idea about the legality of the action something seems fishy about the extreme nature of what MS did. They probably have a right to ban these consoles from their Xbox Live service, but I'm not sure if they can outright brick (or essentially brick) the hardware such that it no longer operates in offline mode. I'm not sure how this will turn out, but I wouldn't just write off this as a case of ambulance chasing - there might be something to this.
    All the news I've seen about this has just said that modified consoles were banned from Xbox Live. I haven't seen anything to suspect that those consoles were bricked.
    Reply