Class Action LawSuit Against M$ And Ban Wave!!!

HDD is not broke, features have been disabled and you need to format it on a unmodded 360 (By: Stepto). As for live, I say don't worry about it. You knew the risk when you modded it brother. I HIGHLY recommend just going to: http://forums.afterdawn.com/t.cfm/f-152/xbconnect_for_banned_users-813095/

XBC is great. for what I have researched!

 

lol I can't believe this guy was even remotely serious.

 

I Apologize for not coming back and commenting or answerin any questions. I have been real busy lately. Now I did write this post with a smile on my face. I too have taken legal classes and I have also conferred with an attorney to see if there was something there. So far there are loopholes and there are issues that can be dealt with in a court of law.
First off I was told that the install to HD feature was definitely a gift. In other words if I lost my account and got a new xbox and started playing then I would not have that feature unless an upgrade to the OS was made. But having said that once the upgrade was made it is now in my possession and possession is 9/10s of the law. IT'S MINE.
Yeah I read the agreements but like I said once it's on my console the software and all its features are mine. suppose I didn't have a live account and hooked up to the Internet does that give M$ the right to strip search my console? I don't pay for live anymore.

So whats next. Dishnetwork/ Or Direct TV is gonna suspend my dvr features cus I'm no longer a customer? This is absurd! but Anyway I have bought another box and am planning on modding this one out also. I just like to stir the pot a lil. No offense to anybody. I appreciate the intellectual Conversation. If I do have a case I will inform you guys and if you want a piece of the pie just for arguments sake your more than welcome to join the Tea Party.
Holla!

 

MS will eat you alive then they will mercilessly taunt you, kid. The lawyer fees will bankrupt you, you will lose friends over money issues, your family will be embarassed of you. All for one banned console.

 

But that's the problem... the software is not yours. You (meaning all of us) didn't purchase the software. You purchased the rights to use the software as it was originally intended to be used. The sole owner of the software is MS.

 

Screen shot, this will be worth quite a few laughs.

 

So if I unplug my new console after downloading all the upgrades are you telling me that M$ has the right to come knock on my door and demand that I give them access to their software. I think not!!! IT's MINE and they can't have it. Now leave me alone, my mothers calling me!!

 

How much are attorneys going for in the sticks?

 

A case of 'shine and 2 fat hogs.

 

Sorry, definitely came across wrong. My law student comment was just me being a reminder that sometimes we all skip over the basic stuff. No offense intended.

In regards to the lawyers, a large international company like Microsoft would probably have a law department for each country they work in that are all rolled into a global division called Microsoft Law Dept. or something, so I would assume in your home country that there is a law office on retainer that works for Microsoft, just like they would have in the United States or elsewhere, that verified the contract would at least stand up in a courtroom setting.

Your hard drive still works, you've just lost a privileged function of being able to install games to it. The functionality to store games was dependent on you owning original retail copies, which if you are playing burned content you (as in all modded console owners) are not doing.

 

Look Microsoft is the real criminal because you mention something contract does not make it constitution. They want people to pay for the product and yet not have ownership of it. What they are doing is clear violation of our constitutional rights and as well illegal tapping and since forcing people to buy another xbox extortion and possible racketeering. These are very serious charges and he feel poor people don't have prayer against them. With our constitutional rights alone we have all the right govern by United States of America. We need to look into a class action suit against Microsoft and finally put them in their place.

 

Couple problems with this, You own the Hardware, they didn't ever disable features of the hardware, they disabled features of the software... Xbox didn't originally even have the functionality to copy games to the hard drive. Microsoft doesn't ban non Xbox live users and those who do still pirate games, are still allowed the ability to play them just without the extra functionality they added on(live, installation, etc).

You paid for the hardware not the software, that's like trying to say because you buy a computer you should be able to host as much child porn or pirate as much software as your hard drive can hold because after all, you paid for the hardware and you can do whatever you want regardless of who's software isn't being paid for. Microsoft has full rights over all their software and digital entities such as live, xbla and the games they release, and the fact that the video game industry is hurting is of no consequence to you except you get to complain when the release dates are pushed, or content is rushed due to the inability to hire more workers from lack of funds caused by their game being pirated by 70% of the consoles users.

 

Wow the sense of entitlement from some of these posters is just staggering.

Just "wow".

 

Maybe they will ban my PC for windows 7 lol EU law is you buy it and not pay a subscription you own it regardless. Microshat banning the console and saying you can have everything back if you buy another console is illegal. They will not refund you microshat points but you can claim it back from credit card company so you still get your money back. You cannot claim back for live subscription you violated those terms but they have no right to block DLC. end of story just like the UK bank charge's claim it'd take years to end the dispute. Go to PS3 like me they not banning and there version of live is free Microsoft 0 User 1

 

You people who are saying go to PS3 are acting like Sony wouldn't ban you from PSN if the PS3 was modable. Of course they would if had a modded PS3 and you're kidding yourself if you think otherwise.

 

Even if Microsoft won a lawsuit, there is One benefit of a lawsuit that everyone is overlooking.

As part of the process, Microsoft would have to present evidence as to how and why the console was banned. Saying, "Ohh, trust us, we have fool-proof methods" isn't going to cut it in a court.

The information to be potentially gained from something like that could be of very high value to the modding community.

Something similar happened with Dish Network when they were suing somebody who modded their service in order to get TV free of charge. As part of the proceedings, Echostar (company that owns Dish Network) had to prove that the individual did indeed bypass the security system. To do that, they have to reveal parts of encryption code. That code was then used to bust apart said encryption. Oops!

 

I think that there are valid grounds for a class action against Microsoft for their ban wave - but the pirates aren't the class to take action.

The offended class here is the legitimate buyers and owners of secondary market xBox 360 consoles that have been banned and are now flooding the secondary market. An example of this class would be my church pastor. He buys a used xBox 360 from Craigslist because he finds a bargain price of $125 on a working system. He gets it home and tries to logon to XBL or register the device and finds that the console is banned because the previous owner violated the TOS. Okay. But he is a "God fearing man" and himself has done no wrong, but is still left with a device lacking in full functionality due to the ban wave. Fine. But what essentially has happened here is Microsoft is decimating the secondary market and taking control. The perceived value (and value is all about perception) of a used xBox 360 console will plummet because the "only safe bet" is to go buy new.

So now you have my church pastor stuck with a used box that Microsoft will not give any information about, that's all, click goodbye - you are banned... And you've also got every other legitimately owned and operated xBox 360 console no longer able to fetch a decent price on the secondary market because the market is being flooded with permanently banned consoles. All because of Microsoft's ban wave that PERMANENTLY BANS the units, with no chance of relief. <--- and those there are the classes that I think are being offended, and therefore may have legitimate grounds for a class action suit.

 

Well there's commercials/adverts on TV for lawyers with a no-win-no-fee claim lol.

 

MS could be sued for one simple reason they changed systems without permission. This has already been dealt with on the PC side with MS patches that changed users systems without asking for the right to do so. From my understanding these banned systems are being altered without anyone getting a pop up and what not asking if you want to allow MS update there software code.

It will take years but MS will lose this case, because there will be just as many people hurt by this that did nothing wrong as the ones that know they were taking a risk. Its funning that MS is doing the same thing that got them busted with PC but now its on the console. Oh well only time will tell.

 

This is funny to read even if you tryed to take on M$ like the guy above said they will bankrupt you before you got a chance to finsh the case they would string it out and waste away all your money till you gave up or had to.

You have no rights to software unless it's open source and freely disributed.

the hd install was a ~NXE update so stop complaining.

I was banned lastnight about 3am mid game

but i have 40ish copy games all stealth checked, and clean. many copys from retail games i traded in.

how much would 4 new releases cost you? £170+ and how much does a new elite with two games and a controller cost now? £189.

so I could buy 10 consoles with the money I saved from the games. If you got banned deal with it they have a clean cut case on every banned console if they sent police to raid your house and found any copyed games.

You stole from them and you damn know you did. I have a elite modded that was only modded cus the drive died never seen a copy and it's not banned (yet) FW seems clean atm when not using copys.


I have always been a modder since nes consoles and I'll admit this is the harshist anti-mod tactic I've seen but it's not unjust. The console still works throw it in a room with-out internet and buy a new one. problem solved.

or if you really can't handle it go to PC world buy a console go home swap it with your console and return it saying you don't want it. they never check consoles and it will be returned to M$ for a replacement if found not working.
Bang M$ will get there own banned console back to them.