View Full Version : XBOX360 Ban (modded consoles) class action lawsuit - update - I got my stuff back :D
Porksta
12-01-2009, 06:23 PM
You can disagree with the punishment all you want, and voice your opinion, and do whatever you can to get the rule changed, but it is still the rule and in the meantime you still have to follow it. Breaking the rules isn't the way to go to show your displeasure over them.
TonyTheTiger
12-01-2009, 06:26 PM
You can disagree with the punishment all you want, and voice your opinion, and do whatever you can to get the rule changed, but it is still the rule and in the meantime you still have to follow it. Breaking the rules isn't the way to go to show your displeasure over them.
But suing after the punishment is levied is a perfectly valid response. What don't you understand about that?
We see this in the criminal field all the time. We have an appeals system in place for a reason. If somebody gets convicted and it turns out the government played games with the evidence or screwed around in some other way, the conviction (ala, the punishment) gets reversed. If a criminal punishment is imposed that turns out is a constitutional violation, probably 8th Amendment, it gets overturned specifically because the punishment is not allowed. If Microsoft levies a punishment that turns out to be tortious behavior then the company cannot be allowed to perform that act.
You're acting as if every punishment levied, regardless of what it is, must always stand no matter what and there's never any recourse whatsoever. I stand firm. Your argument is absurd. Perhaps not "agreeing with the Nazis" absurd but some level of absurd below that.
Porksta
12-01-2009, 06:36 PM
It is perfectly okay to sue. I can't really understand why they are suing when they knowingly broke the laws. I just don't understand why they are pissing and moaning now that Microsoft has chosen to enforce the rules. The people weren't complaining while they were allowed to knowingly break the rules.
It is like if I smoked marijuana every day. If one day I get arrested for it should I sue because it is a stupid and unjust rule?
skaar
12-01-2009, 06:46 PM
Porksta, I think you missed the (well many) points here. The issue wasn't banning consoles from their service, the issue was them toasting data on the hard drive that had nothing to do with their service. This has been clarified several times before for you.
Nothing wrong with banning the console, all's fair. My point (like 3 pages back at this point) was that I had a beef with them breaking saved games and XBLA games I'd paid good money for. I figured this would have particular relevance to a collector's forum as people are already concerned about intangible game ownership.
Also, very not cool on the Nazi thing. You might want to have that looked at.
Porksta
12-01-2009, 07:08 PM
Again, there is nothing Nazi related about me. I was discussing it on a strictly policy related level.
My point (like in the whole thread) is that you knowingly used an illegal harddrive to play games. People in your situation have no right to complain about losing data you gained on a fraudulent storage system. Do people have the right to sue? Yes, but I don't know why they are.
TonyTheTiger
12-01-2009, 07:24 PM
It is like if I smoked marijuana every day. If one day I get arrested for it should I sue because it is a stupid and unjust rule?
If the penalty were death for that offense you damn well better.
That's what this is about and that is what you don't seem to be understanding. The simple fact that there is a general "punishment," whatever that may be, is not what matters here. The context of the actual real punishment enforced, on the other hand, matters quite a bit. You regularly have failed to understand that. The lawsuit is not "Microsoft punished me." The lawsuit is "Microsoft's punishment went too far and ventured into tortious activity." Are you really not seeing that?
Ed Oscuro
12-01-2009, 09:29 PM
If the penalty were death for that offense you damn well better.
If we lived in Florida and were minors, we could pretty much have equivalent sentences thrown at us for non-capital crimes. (For folks who aren't aware, see this (http://www.boston.com/news/nation/articles/2009/11/08/supreme_court_to_review_life_sentences_for_juvenil es_in_non_homicides/), this (http://www.csmonitor.com/2009/1110/p02s02-usju.html), or for some commentary and expansion, this (http://www.usnews.com/articles/news/2009/11/11/supreme-court-weighs-juvenile-life-sentences.html) about recent news about the Supreme Court and Florida.
Anyway, Porksta (or somebody, I don't know who started it) seems to be carelessly tripping over Godwin's Law to the max, for shame. And I'm doing something similar talking about juvies in Florida instead of the topic.
But yeah, it's good to know that Microsoft isn't being given leeway to toast your data. The rest is OK, those stipulations about using their services are in the contract.
Also, I don't know if this has been brought up before, but Microsoft says it wasn't a million consoles banned. (http://www.actiontrip.com/rei/comments_news.phtml?id=112309_5)
j_factor
12-01-2009, 10:35 PM
You can disagree with the punishment all you want, and voice your opinion, and do whatever you can to get the rule changed, but it is still the rule and in the meantime you still have to follow it. Breaking the rules isn't the way to go to show your displeasure over them.
Not a fan of Gandhi, eh?
Icarus Moonsight
12-02-2009, 01:37 AM
The real problem is Porksta has elevated MS company policy up to the level of law, or perhaps beyond it. MS can not create law.... Jeez. MS Deified: God-in-a-Box Edition. O_O
Buyatari
12-02-2009, 02:31 AM
Again, there is nothing Nazi related about me. I was discussing it on a strictly policy related level.
My point (like in the whole thread) is that you knowingly used an illegal harddrive to play games. People in your situation have no right to complain about losing data you gained on a fraudulent storage system. Do people have the right to sue? Yes, but I don't know why they are.
Anyone who plays online legit hates those that 13yr old punks who curse up a storm and show up with modded systems destroying the game for everyone with all the cheating. I stopped playing Halo 2 for this reason. If this happened to you you might want to go over and break the 13 yr olds Xbox yourself.
However, Porksta these guys have a point. If this is really about rules then the rule of the land is the US goverment not Microsoft. While I agree these guys had it coming (and in many cases I'm glad they did get banned) I am not a lawer and do not know the real rules (aka laws) well enough to know if Microsoft followed the rules. So now we have a lawsuit. If Microsoft wins then yes those were the rules and honestly anyone who was banned really should have known better.
What if Microsoft loses? What if Microsoft hasn't been following the rules of the goverment? Well then THEY should have known better and with a lawsuit that is what we will find out.
Buyatari
12-02-2009, 03:08 AM
You can't even download a system update through the console without first having a Live account.
When we test systems that are traded in to the store sometimes a new game says you can not play it without an update and click here to update. So not being connected to live we click the button and now we have the newer screens with the avatar logo etc. You don't need to go online to get those system updates. Some of the newer titles have them. Not all systems are sold with hard drives and some people never go live.
You could buy a 360 mod it and play whatever you want and never connect to the internet. Sure you need Xbox live to do all the fun stuff. They sure like to ruin a party. Till someone mods that and creates a piratebay live for modded xbox users only ! lol
The Sage of Sega
12-02-2009, 07:16 AM
I've waded through seven full pages of idiocy and I'm simply fed up. The matter at hand here is that we have a company who has somehow gained the right to destroy personal data on a customer's console because of a simple TOS violation. The TOS refers to the Xbox Live service, not the console itself. As far as I can tell, when you purchase a game from a brick & mortar store, Microsoft does not have the right to come to your home and snap the disc in half because they were unable to overcharge you for a hard drive, correct? Even if someone is pirating away, as far as I know all Arcade games stored on the hard drive must be purchased, as there is no way for them to be pirated at this time.
I have a modded 360 which is one of the few left that can still access Live services, as I was lucky enough to have it in storage when the banhammer came down. I need not justify the mod to anyone here, suffice to say that I got sick of my 360 scratching discs. If Microsoft came for a second strafing run and pegged my console, I'd be obviously distressed but I would understand why it happened. However, for them to also prevent me from accessing games on my HDD that I most definitely paid for is unacceptable. At that point, they may as well have just come into my home and snapped my physical store-bought game discs in half. Hopefully if that happens I would have their DVD-DL copies safely stored away :)
Frankly, Porksta, I grew really tired of your inane analogies and your refusal to listen to reason while reading this thread. In the real world there are always shades of grey between the black and white, but you apparently are so stuck-up you can't even realize that. We have here a company which is now having anti-trust litigations brought against them because they don't want third-parties worming in on their lucrative peripheral monopoly, but all you can do is kiss their corporate ass while clinging to your mangled sense of morality. By what I've seen of your attitude, I assume you don't have any Game Genies, Accolade Genesis games, Tengen NES carts or any third-party 2600 games correct? Those are all unlicensed, and likely to be violators of any sort of TOS that the console makers created at that time, whether for the end-user or otherwise. I recommend that if you have any of those items you should donate them to the nearest DP member to avoid further hypocrisy.
You parrot that phrase "it sucks to be them", but in reality I'm quite sure it sucks to be you; if your attitude here is any indication I'm sure that you wouldn't be very good company to keep in real life. Please remove the foot that you have oh-so-firmly placed in your mouth, have a stiff drink if it'll help, and for the love of God, stop playing the rules card all the damn time.
Porksta
12-02-2009, 09:39 AM
I really think you need to learn what the phrase "foot in mouth" means before you decide to use it.
As for the rules card, I play it because, well, it works. Dems the rules.
At least you are willing to accept the one fact I can't seem to get anyone to comprehend - if your console gets banned, tough shit. Live with it. You are okay with it if it happens, and I applaud you for it. I can't seem to understand why nobody else understands that.
I never once said I like that Microsoft fries your HDD data, but I have no problem with them doing it. You are using unauthorized hardware to access their service. They have every right to kick it out and make sure it doesn't come back.
portnoyd
12-02-2009, 09:48 AM
As for the rules card, I play it because, well, it works. Dems the rules.
Wow, the Jesus Christ is still at it. We should all hope we can be as godly and lawful and just as Jesus Christ himself.
The sad part is, when you're out of school and in the real world, you'll find your stances (if you actually believe in them, or just playing a trollish devil's advocate) will get you absolutely nowhere.
Icarus Moonsight
12-02-2009, 09:52 AM
Someone is not paying attention... Many have been saying exactly that (banning is legitimate and fine, by MS's prerogative) since page 1. I chimed in at the top of two and agreed that banning is A-Ok. You're being the ornery one, just by saying the opposite of what is actually occurring.
badinsults
12-02-2009, 01:58 PM
Wow, the Jesus Christ is still at it. We should all hope we can be as godly and lawful and just as Jesus Christ himself.
The sad part is, when you're out of school and in the real world, you'll find your stances (if you actually believe in them, or just playing a trollish devil's advocate) will get you absolutely nowhere.
Of course, the reason for Jesus' notoriety is because he went against the norms of society and challenged the corruption that was ongoing in the temples. Jesus was without sin, but was executed because he didn't play along with the rules that were established in Roman occupied Israel.
A more fitting analogy for Porksta (aside from the already mentioned Nazi Germany one) is that of the Loyalists who fought against the revolutionaries in the 1770s. Porksta would have liked nothing more than to see George Washington, Benjamin Franklin, and those who perpetrated the Boston Tea Party hang for their "crimes". The United States was founded on the premise of fighting against tyranny and unjust rules. It might seem odd for a Canadian to be pointing this out (as the Canadian territories rejected the revolution), but I have nothing but utmost respect for the revolutionaries who founded the United States.
Those ignorant of history are doomed to repeat it. I fear there are too many people who see in black and white like Porksta, and allow the government (and in this case, corporations independent of government) to create unjust law and blindly follow it because they fear repercussions.
The Microsoft TOS is a legal contract, not the law. Microsoft is a corporation and cannot create laws or violate existing law. If it is found that Microsoft is unjustly blocking third party peripherals or corrupting personal data (which seems pretty damned obvious), they will be found to be committing antitrust, and will likely be forced to relent on this issue. This exact issue was fought out by Nintendo years ago, and they lost. Did you know that the Game Genie came out a year later in the US than Canada, because that is how long it took for that case to go through courts?
Porksta
12-02-2009, 02:04 PM
The thing is, the citizens of Germany and the Revolutionaries didn't click a box that said "I agree to adhere to these rules"
Buyatari
12-02-2009, 02:07 PM
Of course, the reason for Jesus' notoriety is because he went against the norms of society and challenged the corruption that was ongoing in the temples. Jesus was without sin, but was executed because he didn't play along with the rules that were established in Roman occupied Israel.
A more fitting analogy for Porksta (aside from the already mentioned Nazi Germany one) is that of the Loyalists who fought against the revolutionaries in the 1770s. Porksta would have liked nothing more than to see George Washington, Benjamin Franklin, and those who perpetrated the Boston Tea Party hang for their "crimes". The United States was founded on the premise of fighting against tyranny and unjust rules. It might seem odd for a Canadian to be pointing this out (as the Canadian territories rejected the revolution), but I have nothing but utmost respect for the revolutionaries who founded the United States.
Those ignorant of history are doomed to repeat it. I fear there are too many people who see in black and white like Porksta, and allow the government (and in this case, corporations independent of government) to create unjust law and blindly follow it because they fear repercussions.
The Microsoft TOS is a legal contract, not the law. Microsoft is a corporation and cannot create laws or violate existing law. If it is found that Microsoft is unjustly blocking third party peripherals or corrupting personal data (which seems pretty damned obvious), they will be found to be committing antitrust, and will likely be forced to relent on this issue. This exact issue was fought out by Nintendo years ago, and they lost. Did you know that the Game Genie came out a year later in the US than Canada, because that is how long it took for that case to go through courts?
After reading this thread I don't think he reads any of these replies. I think what he is saying is that if the laws deem the Microsoft TOS illegal or if Microsoft is found to overstepped and infringed on the rights of users then the US laws are wrong because "dems the rules".
These replies remind me of what you would hear as a young child when someone didn't want to deal with you when you had a point.
Porksta
12-02-2009, 02:11 PM
If the US law rules that Microsoft overstepped their bounds and used an unjust punishment, then I will stop posting about this. Until that time Microsoft still has final say on whatever punishment they want to enact on these users, users that VOLUNTARILY agreed to the rules.
NE146
12-02-2009, 02:26 PM
I actually think there's some merit to the case since MS touched things that have absolutely nothing to do with Xbox Live access.
It should have been banned from accessing the Xbox Live service.. plain and simple. Once they went beyond that and screwed around with native functions that affect that console permanently even while it's offline, it's over the line.
Anyone who plays online legit hates those that 13yr old punks who curse up a storm and show up with modded systems destroying the game for everyone with all the cheating. I stopped playing Halo 2 for this reason.
I don't think you can't "cheat" with a modded 360 anymore than you can with a legit system. I've been proven wrong before though :)
badinsults
12-02-2009, 02:27 PM
After reading this thread I don't think he reads any of these replies. I think what he is saying is that if the laws deem the Microsoft TOS illegal or if Microsoft is found to overstepped and infringed on the rights of users then the US laws are wrong because "dems the rules".
These replies remind me of what you would hear as a young child when someone didn't want to deal with you when you had a point.
I suppose you are correct, Buyatari. Porksta will continue to refuse to actually put forth a proper argument for his side, because there is no argument. And because he has lost, he will continue to say "dems the rules", even though it clearly is not that black and white. I just wonder how he gets through life, living at the bottom, never taking any chances and always wondering how he can never get ahead in life.
Icarus Moonsight
12-02-2009, 02:29 PM
The thing is, the citizens of Germany and the Revolutionaries didn't click a box that said "I agree to adhere to these rules"
http://i156.photobucket.com/albums/t5/brendan13_photo/i5n5mt.jpg
I sent Ceiling cat back in time to verify that... He got distracted. Damn cats.
Porksta
12-02-2009, 02:29 PM
It should have been banned from accessing the Xbox Live service.. plain and simple. Once they went beyond that and screwed around with native functions that affect that console permanently even while it's offline, it's over the line.
I think you are a little misinformed. What Microsoft did does not affect the console in any way, shape, or form. You can still use your Xbox to play 360 games. Just not online.
Buyatari
12-02-2009, 02:30 PM
If the US law rules that Microsoft overstepped their bounds and used an unjust punishment, then I will stop posting about this. Until that time Microsoft still has final say on whatever punishment they want to enact on these users, users that VOLUNTARILY agreed to the rules.
hehe you could have saved pages of arguments here.
If you read what people are posting I think that is what they are tying to say. Some believe that Microsoft acting in a way that was illegal. There is a lawsuit saying just that. In fact it is the topic of the thread!
portnoyd
12-02-2009, 02:34 PM
Porksta's too busy trying to be better than all of us and a monstrous troll to notice that.
badinsults
12-02-2009, 02:35 PM
hehe you could have saved pages of arguments here.
If you read what people are posting I think that is what they are tying to say. Some believe that Microsoft acting in a way that was illegal. There is a lawsuit saying just that. In fact it is the topic of the thread!
According to Porksta, we shouldn't be questioning the "rules". But of course, the only way laws can be enforced or changed is if people question them, like we are in this thread.
Porksta
12-02-2009, 02:35 PM
Porksta's too busy trying to be better than all of us and a monstrous troll to notice that.
I'm not trying to be better than everyone, I just am.
Buyatari
12-02-2009, 02:36 PM
I don't think you can't "cheat" with a modded 360 anymore than you can with a legit system. I've been proven wrong before though :)
To be honest I don't know exactly how it is done. However, I would think that if you can play bootlegs games then you could tweek a game and put it on a CDR and play that instead of the retail version.
How do they guys who cheat turn invisible or have bullets pass through them or have unlimited ammo etc? Go on youtube to see some crazy things like a guy shooting out master chiefs from his gun instead of ammo!
Perhaps I'm wrong but I always figured it was with a modded system playing a modded game. I don't know how else you would do these things.
SpasticFuctard
12-02-2009, 02:37 PM
I'm not trying to be better than everyone, I just am.
No. I am. That makes your statement faulty by the principles of mutual exclusion. Also, I'm writing this whilst loving mudkipz, so I've got that goin' for me... which is nice.
Buyatari
12-02-2009, 02:39 PM
I think you are a little misinformed. What Microsoft did does not affect the console in any way, shape, or form. You can still use your Xbox to play 360 games. Just not online.
I have dowloaded several arcade games and can play them online or not. They are on the harddrive. From what people said you can not longer play those downloaded games that you paid for offline. Someone also said that game saves were affected. So a save on Bioshock is corrupted and that is not an online game.
So if that is true it DOES affect the offline play in those 2 areas.
Porksta
12-02-2009, 02:41 PM
It affects the playability of the hard drive and the 360 as a system. It does not affect the console.
Berserker
12-02-2009, 02:43 PM
It affects the playability of the hard drive and the 360 as a system. It does not affect the console.
So now you're saying "the 360 as a system" and "the console" are two different things?
Porksta
12-02-2009, 02:47 PM
I was phrasing it in a way that was easier to understand. Since system and console are generally used interchangeably, I did want to point out the difference. When I originally said "only the console is affected" I meant it as the actual console - faceplate power supply, disc tray, etc. In post #181 I was merely stating in a way to make it a little more clear.
Buyatari
12-02-2009, 02:47 PM
It affects the playability of the hard drive and the 360 as a system. It does not affect the console.
It affects the playability OFFLINE
You can still use your Xbox to play 360 games. Just not online.
If I bought those Joust,Robotron,Uno redemption cards at Best Buy and have the games on the hard drive from what people are saying those games no longer work offline or online. So you CAN'T play those particular 360 games that you paid for OFFLINE.
SpasticFuctard
12-02-2009, 02:48 PM
It affects the playability of the hard drive and the 360 as a system. It does not affect the console.
http://www.gamethreat.net/forums/attachments/flame-board/13949d1249582847-dark_mage-dead-yous-trollin.jpg
NE146
12-02-2009, 02:59 PM
I think you are a little misinformed. What Microsoft did does not affect the console in any way, shape, or form. You can still use your Xbox to play 360 games. Just not online.
it does indeed affect it in some shape or form aside from simply accessing xbox live. Aside from "corrupting" the game saves making them playable only on that banned 360 unless you do some trickery, it also:
-Disables the ability to to install games to the HDD.
-It prevents watching AVI/XVID/DIVX content without the original hard drive installed. Thus tethering that original hard drive on that 360 which sucks if it's a 120 gig drive and you need to move it to another since you want it for installed games :p
-Although video streaming still works, it disables the Windows Media Server connectivity (which has nothing to do with xblive). So you can't watch that home vid on your computer via your 360 media center anymore.
-Now, not being banned myself..I can't confirm this, but I hear it It disables the ability to play the full version of bought & paid-for xblive arcade titles on that console as mentioned above.
Icarus Moonsight
12-02-2009, 03:02 PM
This has become public self-flagellation...
TonyTheTiger
12-02-2009, 03:30 PM
I was phrasing it in a way that was easier to understand. Since system and console are generally used interchangeably, I did want to point out the difference. When I originally said "only the console is affected" I meant it as the actual console - faceplate power supply, disc tray, etc. In post #181 I was merely stating in a way to make it a little more clear.
So as long as the machine itself is capable of being powered on then everything is ok regardless of what other effects there may be?
I'm not trying to be better than everyone, I just am.
Ok, joke's over. Where's the camera? I've been trolled and didn't even know it.
In all seriousness, Porksta, I actually hope you are trolling because you've gotten increasingly less coherent as this has rolled along.
The great irony here is that I don't think this lawsuit will go anywhere. Maybe the third party peripheral one will but I doubt it about the first one. I just felt compelled to point out to Porksta how badly he's missing the mark.
Porksta
12-02-2009, 03:51 PM
it does indeed affect it in some shape or form aside from simply accessing xbox live. Aside from "corrupting" the game saves making them playable only on that banned 360 unless you do some trickery, it also:
-Disables the ability to to install games to the HDD.
-It prevents watching AVI/XVID/DIVX content without the original hard drive installed. Thus tethering that original hard drive on that 360 which sucks if it's a 120 gig drive and you need to move it to another since you want it for installed games :p
-Although video streaming still works, it disables the Windows Media Server connectivity (which has nothing to do with xblive). So you can't watch that home vid on your computer via your 360 media center anymore.
-Now, not being banned myself..I can't confirm this, but I hear it It disables the ability to play the full version of bought & paid-for xblive arcade titles on that console as mentioned above.
Corrupted game saves affect the playability of a game? So you cannot play Mirror's Edge unless you have a game save already on the system? Huh?
Everything you mentioned has to do with having an authorized hard drive. Like I said, if you buy an arcade unit fresh from the box, it is the exact same thing as having a banned 360, only you cannot access XBL, which is exactly what I said in that quote you used.
NE146
12-02-2009, 04:29 PM
Corrupted game saves affect the playability of a game? So you cannot play Mirror's Edge unless you have a game save already on the system? Huh?
I don't know what you're talking about.. but what happens is if you have a saved game of mirrors edge on that banned 360, and pop that hard drive on an unmodded one, you will not be able to access that save, and effectively have to start over. But again, that's only "officially" what happens. ;) Of course the method has already been figured out on how to get the saves working fine again on an unmodded (or any other) console. But the point is, that''s not what MS wanted and tried to prevent.. and it has nothing to do with xbox Live.
Anyway.. it's all moot as usual. As expected the pirates have already figured out the latest Firmware for the drives (after seeing the error of their ways with the previous ones causing the last ban wave) and soon the flood of modded consoles with (apparently) undetectable mods will come back online again.. all filled with people who willingly and eagerly violate their sacred TOS. And the back & forth continues LOL
skaar
12-03-2009, 10:49 AM
I'm not trying to be better than everyone, I just am.
I think this is probably the best thing to come out of this thread.
j_factor
12-03-2009, 11:57 AM
When we test systems that are traded in to the store sometimes a new game says you can not play it without an update and click here to update. So not being connected to live we click the button and now we have the newer screens with the avatar logo etc. You don't need to go online to get those system updates. Some of the newer titles have them. Not all systems are sold with hard drives and some people never go live.
What I said is that the only way to download a system update through the console, if you choose to, is through Xbox Live. You can't simply connect to a server and download it. I know that some games have firmware updates on them, and also you could download on a PC and burn it to a CD-R. But what I was complaining about was the fact that the Xbox 360 has ethernet capability, but the consumer and third-party companies alike aren't really allowed to use it, solely so Microsoft can funnel all online 360 traffic through Live and charge a premium for online gameplay while preventing competition.
skaar
12-13-2009, 02:17 PM
Just as an update... through some clever soldering and NAND updating, I've managed to get all my save games back by flipping the "banned" to "not banned" on the console. I'm sure I broke another few "laws" by doing so, but I wanted MY stuff back. There's links on how to do it all over the xbox-scene forums/etc.
I copied all of my saves I cared about onto a Memory Card along with the old version of my profile.
So all of the "corrupted" data isn't corrupt, it's just made invalid by the change Microsoft made to the NAND on my console. I got my stuff back :D
I wiped the hard drive and that console is now back to living a new life under a new name. We agreed to never speak to each other again. After the kids left, it just hasn't been the same.
EDIT: Also, all the Divx/Media Player Extenders/etc work again on that console. I just can't put it on Live anymore, but it's really what they SHOULD have done.
LaughingMAN.S9
12-13-2009, 04:12 PM
Um...like a lawsuit? Isn't that what this is all about? Besides, this isn't a "rule." It's a policy. In fact, it's not even a policy. It's a contract. And the law, the real "rules" you seem to love to throw around, is very thin here so we actually don't even know what the "rules" are. It's entirely possible Microsoft is breaking them. But when you go around with this hard lined "follow the rules!" mantra with literally no qualification, as if Microsoft has any legal authority and what they say goes without any form of rebuttal, you sound like fucking Judge Dredd.
lmao lol i dont know how i missed this the first time but damn, this was an excellent post, couldnt have said it better myself, good shit
LaughingMAN.S9
12-13-2009, 04:14 PM
Microsoft is allowed to say whatever they want and what they say does go - Live is their property. If Joe decides to only let men access this site, and bans women pretending to be men, he is more than welcome to as it is his site. Now also assuming he owns the servers, etc.
You said it yourself - it is a contract. By accepting the TOS you are bound to obey them. if you do not, Microsoft has every right to ban you. What about this do you not understand?
it was once also against the law for black men to look at white women with lust in their eyes...whats your stance on that?
Icarus Moonsight
12-13-2009, 04:30 PM
Just as an update... through some clever soldering and NAND updating, I've managed to get all my save games back by flipping the "banned" to "not banned" on the console. I'm sure I broke another few "laws" by doing so, but I wanted MY stuff back. There's links on how to do it all over the xbox-scene forums/etc.
I copied all of my saves I cared about onto a Memory Card along with the old version of my profile.
So all of the "corrupted" data isn't corrupt, it's just made invalid by the change Microsoft made to the NAND on my console. I got my stuff back :D
I wiped the hard drive and that console is now back to living a new life under a new name. We agreed to never speak to each other again. After the kids left, it just hasn't been the same.
EDIT: Also, all the Divx/Media Player Extenders/etc work again on that console. I just can't put it on Live anymore, but it's really what they SHOULD have done.
So they impounded your data with a switch? They did design these things to suck, completely. :/
LaughingMAN.S9
12-13-2009, 04:40 PM
The thing is, the citizens of Germany and the Revolutionaries didn't click a box that said "I agree to adhere to these rules"
apathy is consenting.
SegaAges
12-13-2009, 05:55 PM
I'm not trying to be better than everyone, I just am.
WIN
Thread is over now.
All I can say is whether you like it or not, you need to read the TOS before you modify your stuff even if you are not pirating.
It is like me modifying my lancer. I have a bumper to bumper warranty, and I can potentially fuck up my entire warranty by modifying my car. Yes, I read the TOS of my warranty to ensure I did not fuck up my warranty.
It is unfortunate for the people that are not pirating, but I hate to be the dick, the TOS of the console should have said something about it.
If you mod, do not take it online. That is a very bad idea.
As for lawyers getting paid, they will get paid. Shit, if I was a lawyer hired for a case like this, I would get the money upfront instead of trying to get it from the winnings.
SegaAges
12-13-2009, 05:57 PM
it was once also against the law for black men to look at white women with lust in their eyes...whats your stance on that?
Laws do not equal TOS agreements.
Microsoft is not trying to sue or press charges against all of the people with modified consoles.
Throwing the race card in here = epic fail.
Sorry, but there is a huge difference.
SplashChick
12-13-2009, 06:31 PM
it was once also against the law for black men to look at white women with lust in their eyes...whats your stance on that?
That herring you have there is very red.
LaughingMAN.S9
12-13-2009, 10:12 PM
That herring you have there is very red.
i see what u did there 8-)
Sniderman
12-14-2009, 05:45 AM
it was once also against the law for black men to look at white women with lust in their eyes...whats your stance on that?
http://4.bp.blogspot.com/_Dm4sFu73cJo/SlTC4luzGCI/AAAAAAAASxk/qWe3mnCA9uc/s400/01aaa-strawmannn.jpg
Straw man is made of straw.
Oobgarm
12-14-2009, 06:43 AM
http://4.bp.blogspot.com/_Dm4sFu73cJo/SlTC4luzGCI/AAAAAAAASxk/qWe3mnCA9uc/s400/01aaa-strawmannn.jpg
Straw man is made of straw.
So by that logic:
http://www.digitpress.com/forum/image.php?u=25244&dateline=1242340187
LaughingMAN.S9 is made of lulz?
s1lence
12-14-2009, 05:39 PM
Just as an update... through some clever soldering and NAND updating, I've managed to get all my save games back by flipping the "banned" to "not banned" on the console. I'm sure I broke another few "laws" by doing so, but I wanted MY stuff back. There's links on how to do it all over the xbox-scene forums/etc.
I copied all of my saves I cared about onto a Memory Card along with the old version of my profile.
So all of the "corrupted" data isn't corrupt, it's just made invalid by the change Microsoft made to the NAND on my console. I got my stuff back :D
I wiped the hard drive and that console is now back to living a new life under a new name. We agreed to never speak to each other again. After the kids left, it just hasn't been the same.
EDIT: Also, all the Divx/Media Player Extenders/etc work again on that console. I just can't put it on Live anymore, but it's really what they SHOULD have done.
I heard about the NAND update, VERY cool stuff how they figured out how to do it. Nice that you got your console back to normal so you can get your stuff.
Sniderman
12-14-2009, 08:36 PM
So by that logic:
LaughingMAN.S9 is made of lulz?
Why yes. Yes, he is.
SegaAges
12-14-2009, 09:41 PM
Why yes. Yes, he is.
Wait, that also means that Sniderman is a man made out of Snider.
I think my mind has just been blown
Icarus Moonsight
12-14-2009, 11:57 PM
Wait, that also means that Sniderman is a man made out of Snider.
I think my mind has just been blown
Generations of them, I would imagine. :p
Mind unblown yet?
Man = Miserable Pile + Secrets -- To chirp out the obvious response.
dendawg
12-15-2009, 03:06 PM
Wait, that also means that Sniderman is a man made out of Snider.
Well, he does do whatever a Snider can.ROFL
adam_devry
12-15-2009, 07:19 PM
how could they sue. its like stealing a game from a store the store grabbing you as you walk outside then sueing the store. They leaked MW2 just so suckers would burn it and play. I herd it has to do with the achivements there was a fake one or something.
s1lence
12-16-2009, 10:41 AM
They leaked MW2 just so suckers would burn it and play. I herd it has to do with the achivements there was a fake one or something.
LOL Wut? No