XBOX360 Ban (modded consoles) class action lawsuit - update - I got my stuff back :D

[Rob2600]

I'll come from your school of awful examples: my car came stock with a gas tank that holds 2/3 of a gallon of gas. I can use it, but it runs out of gas several times before I get to work. However, I can buy a better gas tank that holds 5 gallons, but it costs 3x the price of a normal gas tank like the one that comes in kupomogli's car. This better tank still won't get me to work without running out. However, skaar offers me a normal priced gas tank that holds even more gas to replace the midget sized one I just got stock.

By your rules, I should be a good little boy and run out of gas on a daily basis.

If Company X's gas tank rule is so idiotic, you could try to circumvent the rule and risk getting caught...or you could say "Screw you Company X, I'm going to buy Company Z's car instead."

Wouldn't that be better?

[Icarus Moonsight]

If the rule is arbitrary, I say break away. Well, pay your taxes, of course. Don't go to prison just for a principle. Still, I have this silly metric called 'a valid reason' why I should or shouldn't do this or that. I might get a modded 360, but I will certainly never buy a new one now. I don't want them getting the wrong idea or getting any of my money if they're going to continue to act this way.

I'll continue to @ MS butt-lickers, for some time to come I'm sure. "OMG! You didn't buy an official HDD?!? Throw them in the rape room!"

WTF...

[portnoyd]

If Company X's gas tank rule is so idiotic, you could try to circumvent the rule and risk getting caught...or you could say "Screw you Company X, I'm going to buy Company Z's car instead."

Wouldn't that be better?

Maybe? I did say it was an awful example. :P

[98PaceCar]

I'm not saying that what Microsoft is doing would constitute unconscionable behavior in the courts. I was responding to your assertion that a car dealership could slash somebody's tires because they changed the gas tank. I actually don't know if what Microsoft did is 100% within it's rights. The problem is that nobody really does. That's my point. Lawyers can only pontificate on what may or may not be legal based on the precedent already established. But in this area very little has been written in stone.

As was stated above, it's really a bad example. Not to risk running this discussion off in an unintended direction, but there is a recent example in the car world with a similar type of thing. Nissan provided a feature on the latest GTR that if you used it, you would void your warranty on the vehicle or at least the transmission. Not quite the same situation, but the owners were agreeing to a TOS when the vehicle was purchased whereby when using this feature (launch control), they were knowingly voiding their warranty. I haven't followed it much recently, but as of the last time I looked Nissan had not changed their stance, nor had they been forced to despite attempted or threatened lawsuits. This is a bit of a tricky area for me to agree to as they are providing a feature that can knowingly lead to damage, but we all know that few people read what they are agreeing to before the sign on the dotted line. Is it legal for a manufacturer to provide a dangerous function on a device and what recourse should the end user have if that device is used and causes problems? Where does personal responsibility take over?

Again, I feel it's a question of what is in the TOS that the users agreed to and I hope that whatever lawsuits are filed come to the same conclusion. It will be interesting to watch though as this could have some bearing on ownership of digitally distributed media and what happens in the event of hardware failures leading to loss.

(side note, for a bit more reading on the GTR thing, go here.. http://jalopnik.com/5061221/gt+r-own...under-warranty)

[Raedon]

As was stated above, it's really a bad example. Not to risk running this discussion off in an unintended direction, but there is a recent example in the car world with a similar type of thing. Nissan provided a feature on the latest GTR that if you used it, you would void your warranty on the vehicle or at least the transmission. Not quite the same situation, but the owners were agreeing to a TOS when the vehicle was purchased whereby when using this feature (launch control), they were knowingly voiding their warranty. I haven't followed it much recently, but as of the last time I looked Nissan had not changed their stance, nor had they been forced to despite attempted or threatened lawsuits. This is a bit of a tricky area for me to agree to as they are providing a feature that can knowingly lead to damage, but we all know that few people read what they are agreeing to before the sign on the dotted line. Is it legal for a manufacturer to provide a dangerous function on a device and what recourse should the end user have if that device is used and causes problems? Where does personal responsibility take over?

Again, I feel it's a question of what is in the TOS that the users agreed to and I hope that whatever lawsuits are filed come to the same conclusion. It will be interesting to watch though as this could have some bearing on ownership of digitally distributed media and what happens in the event of hardware failures leading to loss.

(side note, for a bit more reading on the GTR thing, go here.. http://jalopnik.com/5061221/gt+r-own...under-warranty)

The price of a new transmission is so much more then a 360. Beyond the price consideration, Nissan basically placed a big red DO NOT PUSH THE SHINY CANDY-LIKE BUTTON that will void your warranty on their car IMHO.

[Rickstilwell1]

Maybe banned Xbox Live-ers will retaliate by going PS3 free network and get it so there are actually plenty of users online all the time. I still can't find a partner for Dragon Ball Z: Burst Limit any time I check. I think online gamers only play FPS games?

[s1lence]

I actually want a banned 360 so I can have my kids on a system other then my "good" ones.

[Gozer]

Microsoft comments on modified console bans.

[CDiablo]

I still can't find a partner for Dragon Ball Z: Burst Limit any time I check. I think online gamers only play FPS games?

TBH, it seems if you dont play a most games online within the first 3-6 months the community disappears, save for the big titles.

[skaar]

Microsoft comments on modified console bans.

hahahaha awesome.

[Icarus Moonsight]

Wait, there's more! Here's the carrot that comes after the [ban] stick.

C-c-c-c-convo breaker!

[ScourDX]

Datel is suing Microsoft for 3rd party memory card crackdown.

source

[Namnuta]

The lawsuit has no ground. Modded console = %100 pirate, there is no other reason to mod your dvd firmware. I think they were a little harsh if they did ban people for modded harddrives. But its they network, there TOS. Dont like it, buy a PS3 where you can use any HD you want. If they allowed HD modding, thay could open it up for many hacks and cheating in there closed network.

Everyone who was banned needs to suck it up. You took the risk, and got caught. To bad, so sad.

Anyone who actually thinks MS is going to feel any legal pains from this is deluded.

^^^^^^^^^^Datel made unlicensed products, there legal threat is just a publicity stunt, and holds no water.

[MASTERWEEDO]

The lawsuit has no ground. Modded console = %100 pirate, there is no other reason to mod your dvd firmware. I think they were a little harsh if they did ban people for modded harddrives. But its they network, there TOS. Dont like it, buy a PS3 where you can use any HD you want. If they allowed HD modding, thay could open it up for many hacks and cheating in there closed network.

Everyone who was banned needs to suck it up. You took the risk, and got caught. To bad, so sad.

Anyone who actually thinks MS is going to feel any legal pains from this is deluded.

^^^^^^^^^^Datel made unlicensed products, there legal threat is just a publicity stunt, and holds no water.

Kinda like the Game Genie was an unlicensed product that helped people cheat?

[MASTERWEEDO]

You felt like you were too important to have to buy an official 360 hard drive, so yes you felt like you were better than everyone and that the rules did not apply to you. You circumvented the rules that everyone else has to follow.

I kinda see this whole in a different way, say with drugs. I was in a bad car wreck a few years ago, all I ever got was oxycodone. I didnt like it, it didnt work(crushed nerves) and made me an asshole, so I smoke weed for my pain. Now last year I got arrested for possession, explained myself to the judge(with pics from the wreck), and got 21 days in jail. I dont understand how its ok for me to be on hard addictive drugs(oxycodone) and not ok to use a plant that has no physically addictive properties and many health benefits. its just about gouging the consumer. I have to buy the pills, but I can grow my own weed(havent tried yet, moving to Portland so i can). What would you rather be, a junkie, or a stoner? cuz when that doctor thats handin out those pills goes away, you gotta get something for pain from somewhere.

[Push Upstairs]

Kinda like the Game Genie was an unlicensed product that helped people cheat?

Only Nintendo did that, Sega licensed it.

[Zthun]

Well MS does not ban a 360 for a homemade hdd,from you other post it sounds like you flashed your dvd drive,if so thats why you got banned,it doesn't matter if you play legit games or not.

This. Modding your console is not illegal. If I swapped out the LED lights to turn them from green to blue, that's not illegal. The reason for the ban was the modification of Microsoft's software. When you flashed your DVD drive, you probably used a 3rd party app to do it which had a disassembled hacked MS Bios. You can't do that. THAT'S why you got banned.

[Ponyone]

Anyone post a Nelson Muntz Ha! Ha! pic yet? Because if ever he was needed, it would be here.

[Icarus Moonsight]

If you were banned, read it as MS doesn't want your money and oblige them their preference. Not everyone who mods is a software pirate. You bought the damn thing, you can take a shit on it if you want and MS can ban you from their servers if they like. If you buy another console just to get back on LIVE, you're an idiot and a masochist.

[MarioMania]

Is Microsoft doing this lock out with Controllers??