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

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    Quote Originally Posted by j_factor View Post
    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

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    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.
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    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.
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    Quote Originally Posted by Porksta View Post
    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.

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    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.


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    Quote Originally Posted by portnoyd View Post
    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?
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    The thing is, the citizens of Germany and the Revolutionaries didn't click a box that said "I agree to adhere to these rules"
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    Kirby (Level 13) Buyatari's Avatar
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    Quote Originally Posted by Evan_G View Post
    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.

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    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.
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    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.

    Quote Originally Posted by Buyatari View Post
    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

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    Quote Originally Posted by Buyatari View Post
    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.
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    Quote Originally Posted by Porksta View Post
    The thing is, the citizens of Germany and the Revolutionaries didn't click a box that said "I agree to adhere to these rules"


    I sent Ceiling cat back in time to verify that... He got distracted. Damn cats.


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    Quote Originally Posted by NE146 View Post

    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.
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    Quote Originally Posted by Porksta View Post
    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!

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    Porksta's too busy trying to be better than all of us and a monstrous troll to notice that.

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    Quote Originally Posted by Buyatari View Post
    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.
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    Quote Originally Posted by portnoyd View Post
    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.
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    Quote Originally Posted by NE146 View Post
    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.

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    Quote Originally Posted by Porksta View Post
    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.

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    Quote Originally Posted by Porksta View Post
    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.

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