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

  1. #121
    ServBot (Level 11) TonyTheTiger's Avatar
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    Quote Originally Posted by Porksta View Post
    This is why you shouldn't try to get around rules. It always bites you in the ass.
    This sound bite of yours is getting tiresome. Just because a rule/policy/contract/etc. does exist doesn't mean it's automatically a good thing and should be allowed to stand. Value isn't automatically inferred on something merely through the act of mere existence.

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    Quote Originally Posted by j_factor View Post
    The 360 also has digitally distributed games... which are stored on one's hard drive. So if you get banned, games that you paid for don't work, and you can't get them back without getting another system (since the games can only be downloaded through Live).
    Sucks for the guy breaking the rules then doesn't it?

    Quote Originally Posted by TonyTheTiger View Post
    This sound bite of yours is getting tiresome.
    The truth hurts - like I said before, if you do not like the rules, there are ways to fight it. Breaking the rules is not one of those ways.


    I don't know anything about Steam, but if Steam bans you do you keep the games you purchased? Are they only downloaded from Steam or must you activate Steam to play them?
    Last edited by Porksta; 11-30-2009 at 03:26 PM.
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  3. #123
    Mega Man (Level 19) The 1 2 P's Avatar
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    The less cheaters on XBL the better. Now if only we could also get rid of all the sexist, racist homophobes. Microsoft should add that to their terms of service, though I have no idea how they would word it
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    I don't know - I think you summed it up quite well.

    Anyone remember that story about a guy playing some NBA game and whooping this black guys ass, then the black guy sends him a threatening message and a picture of him giving the finger? Whatever happened to that guy?
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  5. #125
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    Quote Originally Posted by ScourDX View Post
    Somewhat related Xbox360 news. With the recent Datel suing Microsoft (MS), MS banned 1 million users and now MS wants to have BBC free iplayer released to subscribed customer; MS wants absolute control of it's Xbox360.

    Link
    Thats more because of the tax laws in the UK that allow the streaming of BBC tv for free when MS wants to include it as part of the gold subscription which would not comply with the UK tax code. Once again their service, their choice of how they want to pay/charge/use it.
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  6. #126
    ServBot (Level 11) TonyTheTiger's Avatar
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    Quote Originally Posted by Porksta View Post
    The truth hurts - like I said before, if you do not like the rules, there are ways to fight it.
    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.
    Last edited by TonyTheTiger; 11-30-2009 at 03:59 PM.

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    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?
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  8. #128
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    Quote Originally Posted by Porksta View Post
    Sucks for the guy breaking the rules then doesn't it?
    "The rules" (that Microsoft decides) are not paramount. There are limits of reasonableness. The rules themselves are reasonable, but Microsoft's chosen penalty is not.

    I mean, are you completely against the concept of consumer protection? Yes you can always take your business elsewhere, but once you've already spent your money, you're entitled to certain rights with regard to the product you've purchased. Microsoft doesn't have the right to steamroll its paying customers for doing something that displeases them.

    Quote Originally Posted by Porksta View Post
    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.
    But if I purchased something from Joe, he's not allowed to seize or damage it just because he's decided to ban me from his site.

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    Microsoft isn't seizing or damaging anything.
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  10. #130
    ServBot (Level 11) TonyTheTiger's Avatar
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    Well they did delete the dude's save files. Whether or not you want to call that "damage" is up to you. Same goes for all the other little issues that render the affected 360 a hassle to use. Microsoft's actions are clearly not limited to rendering the console incapable of accessing online play in the games that support it. There's obviously a lot of collateral damage here. Don't pretend like that doesn't exist.

    Quote Originally Posted by Porksta View Post
    Microsoft is allowed to say whatever they want and what they say does go - Live is their property.
    But the Xbox 360 is not. At least not according to anybody with at least a small libertarian streak.

    Quote Originally Posted by Porksta View Post
    By accepting the TOS you are bound to obey them.
    Not if the terms are unconscionable. And if the penalties for breach are unreasonable, tortious, or illegal then they can't be imposed.

    I don't think the terms of the TOS are unconscionable but it's not out of the question that the penalty could be tortious if an affected 360 can be considered "damaged."

    Quote Originally Posted by Porksta View Post
    What about this do you not understand?
    Just because a policy is in place does not mean it can be enforced. What about this do you not understand? At this point I don't even care whether or not Microsoft is in the right. I'm simply finding your mindless Judge Dredd nonsense frustrating.
    Last edited by TonyTheTiger; 11-30-2009 at 10:52 PM.

  11. #131
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    The Final Solution was a policy... Chew on that for a bit. Apply your proposed principle in that instance and ponder away. Hard to reconcile huh?


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    Quote Originally Posted by TonyTheTiger View Post
    But the Xbox 360 is not. At least not according to anybody with at least a small libertarian streak.
    Again, how did Microsoft damage their 360s?


    The Final Solution was a policy - if it was not followed, the people were punished. What's your point?
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    You made it for me?


    Wow...


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    EFF has posted a great article regarding Xbox360 bans and TOS rules in general.

    http://www.eff.org/deeplinks/2009/11...onary-tale-tos

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    Quote Originally Posted by Porksta View Post
    Again, how did Microsoft damage their 360s?


    The Final Solution was a policy - if it was not followed, the people were punished. What's your point?
    Quote Originally Posted by Icarus Moonsight View Post
    You made it for me?


    Wow...
    I am equally speechless.

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    Yep, we have someone saying that people were justified supporting the Holocaust because it was the law at the time.


    I say thread over.
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    Is there a level beyond Godwin's Law? Because we've blown right past basic Godwin's Law this time...
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    Quote Originally Posted by scooterb23 View Post
    Is there a level beyond Godwin's Law? Because we've blown right past basic Godwin's Law this time...
    Yeah, Godwin's Law was invoked, but usually you don't have people actually agreeing with the Nazis.

    Seriously Porksta, wtf?
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    I think you all are blowing this out of proportion. When did I say I agreed with the Nazis?
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