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

Sorry bud but this story has already played out on the PC gaming sceen. MS tricked gamers into installing an updated that killed there pirated PC games without permission. I guess what they setted out of court because they knew they were going to lose the case, I even had a friend that got like 10 bucks from the case action lawsuit, thats how I heard of this case in the first place.

 

PS3 is modable just need a blue ray recorder and they aint cheap!!!

 

Second owner has NO COMEBACK against the original manufacturer or supplier if the previous owner has done something which is against the terms of whatever agreements the original purchaser and the manufacturer had. Used means just that. Unless there is a directly safety issue which causes a general product recall all previous guarantees and agreements of service between the first instance purchaser and the manufacturer/supplier are null and void. The only person or company the current owner can legally take the matter up with is the most recent seller.

example:: I buy a late model Chevvy from "fast eddies used car emporium" On the way home the engine explodes because the previous owner or owners has/have tampered with the engine management system... In what way are the manufacturers responsible to fix it?

I do like the n00btastic comment directly above mine... since just when has the ps3 been moddable? and if so why isn't the whole internet full of guides as to exactly how to do it??

 

There is your crime. You are simply not allowed to breach the copy protection. You are allowed to copy your games, DVDs and whatsoever, you are just not allowed to break the copy protection by doing so.

 

There is no copy protection on 360 games!!!!

 

You should try obtaining knowledge to what you're referring to before spouting off nonsence.

HAHAHA... that was too funny. I almost shot coffee out my nose when reading your post.

 

Okay, so I get it. In theory - Microsoft doesn't need to worry at all about the legitimate parties that are screwed over by a secondary market flooded with banned consoles. Like that won't hurt software sales. I wonder how many of these banned consoles will end up on store shelves at GameStop and other businesses that rely heavily on the "used is used" market. It's not like those businesses are getting screwed over by the saturation of banned consoles into their market and the overall devaluation of the product. Microsoft doesn't want them selling used consoles anyhow - they want to sell new consoles. So screw them, and screw anyone who thought they'd save a buck by buying a used console. And screw anyone who thought they would make a buck by selling their own used console.

I buy broken consoles that are out of warranty, repair them, then sell them at pretty big discounted prices compared to new units at retail. I can't even tell if a console is banned or not until after I've bought it and I'm done doing all the work on it. Screw me.

And why is everyone screwed? Because rather than disabling the actual counterfeit and unlicensed merchandise - Microsoft is disabling the entire consoles.

Truth be told, if everything were always just as simple as "They can do it, yes they can", then we wouldn't need courts.

 

In M$'s terms of service they say they can remove a user of xbox live priviledges at any time without having to provide reason. or something along them lines. So basically you wouldnt stand a chance with that lawsuit lol

 

I´m sorry but that is a very passive and naive interpretation. Just because its written somewhere? C´mon.

The guy that told me that when I press "I have read and accepted" in the EULA it means I have read and accepted... No it dont! It means I have pressed a button! Thats not a contract!

In my country to sign a contract you need to SIGN it, with two witnessess, and got youre signature confirmed by a special government organ(yeah that last part is stupid, just so they make money). Even so, it may not be valid, as you may have no capacity to sign it, could have been coerced, fooled, or some other things.

So, what if a minor had pressed the "i accept" button in the EULA? minors dont have legal capacity to sign off contracts you know? What if i let the conttroler on the floor, went for a bite and my dog passed by and pressed the button? Is that a valid contract??? Because it was written?

A press of a button is just a press of a button. Not a written contract.

But I don´t really care anymore, cause if you are right, I can get rich right now and never need to advocate again. See? By youre logic, I´ll do as microsoft and get rich, so I can buy as many original I want:

You, reading this. By filling youre lungs the next time you are confirming that you had read this post and get obligated to give me all youre money and possessions.

Ok, i´ll collect later this weak. And you have no chance in a lawsuit, because of course, it´s written, and I can prove you have read this and inhaled.

 

You may have a point on that press of a button thing. You've agreed to the shops T&Cs but have you really accepted MS's?

Someone would have to go through the T&Cs with a fine toothcomb but would love to see it happen.

 

No you guys only help the pirating communitee, you guys would NEVER entertain such ideas as defruading a large company would you??

 

Being belligerent to a mod. That's a wonderful way to keep your account active.

 

Where's your proof on that? There's been plenty of rumors and lies on that sure, but no proof of a mod except playing PS2 games on a BC model.

 

This is a very good thread. To all the people who laugh at this. I have contacted my states attorney generals office and told them what M$ is doing. I stated to them that Microsoft has banned my console for a violation of their TOS. She asked what Microsoft had actually done to my Xbox, and i told them that they had sent more or less a virus to disable my online features permanently. Instead of banning me from their XBL service they have damaged private property. I was informed M$ can not do that as they do not own your hardware. I can guarantee that some ignorant person will state that if you agreed to the TOS you accept the punishment. No, in the first quote he says that Microsoft's TOS is not legally binding for the simple fact you don't sign for it. Taken from wiki, a TOS is "rules" that usually are legally binding. Wikipedia also states "Most organizations reserve the right to restrict a user's access to the service if they violate the terms in the agreement." So clearly Microsoft has the legal right to ban your gamer tag. That's because their service their rules. In-turn that would be restricting you from using XBL for violation of TOS. No way what so ever do these rules for XBL pertain to the console it self. They only specify what is allowed and whats not for Xbox Live. In the United States possession is 9/10ths of the law. M$ may be entitled to their software since they wrote it. Although to me that seems skeptical, like a famous author can come to your house and rip a page out of his book since he wrote it. On the other hand, you own your console. So i modified my DVD drive to play backups of licensed titles i own. Which by the way is legal to a certain extent. So far i know you can backup your games but bypassing security measures is prohibited. This is the area i am somewhat uncertain about. Why can i not backup my own game for insurance purposes. Surely it's so M$ can make a buck, of coarse I'm referring to not just one dollar but millions. My outlook on this whole dilemma are the bans exceeding 600,000 people. That is outrageous, Microsoft is clearly trying increase Christmas sales trough the roof. 600k+ gamers out of 360's would raise M$ sales roughly 60 million dollars from now until X-Mas. If Microsoft is going to monopolize the consumers for something such as the loose term modding. They better expect a fight, and i don't care what law firm and who their lawyers are. What i care about is justice for their wrong doing. Punishing people because they would rather back their games up in case of any damage vs buying a new game. Right now the difference of a backup and original is 58 dollars. It is $60 for a new release and $2ea DVD+R DL. So think about how much money M$ is making. Call of Duty:4 soled approximately 14 million copies, now do the math. $14,000,000*$60= $840,000,000. Do you honestly think it took even 1/10 of that to create the game. Absolutely not, and at least 25% of this money goes to M$. If you think they have a legitimate reason so blatantly pillage and rape you for your money then go ahead and buy overprice games. I mean it is bad enough we pay for something that should be free such as XBL. If Live were free i could understand the reasons of the retail price of a game, like PS3. So to conclude my contribution i encourage people to file claims through your attorney generals office. Lastly, to all the modders out there, keep on moddin them Xbox 360's.

 

enjoy wasting time with your 10 dollar an hour attorney vs M$ thousand+/hour.

 

So much typing for nothing. Did you also inform the A.G. that in order to play your backup (which you can legally have only as long as you own the original, make the backup yourself, and do not remove or circumvent the copyright protection) that you had to use an unauthorized, edited verison (iXtreme) of MS's code (which they solely own) in order to bypass the standard copyright protocol required to boot the backup? Let us know what they say about that.

And I won't even get in to how some of you guys keep saying "we're forced to do this" and "MS forces us to do that".

Gaming is a luxury, not a necessity of life. No one is forcing nothing on you. You don't like their rules, walk away.

Also, post a link to the fact that there has been 600,000+ consoles banned.

 

man............shut up.. why are u even registered..i hate biggots..u all piss me off..go take ur closed mindedness to the *bleep* mall and piss off teenagers trying to shoplift.. stop mouthing off to people who could probably make your computer just stop working from a couple lines of code.

 

same with you because guess what M$ does not own the code..think about it..its a lite-on, hitachi, samsung, benQ drive....meaning they own the code..and microsoft just purchased the rights to use it.. but its a *bleep* .bin file..im sure somewhere there is an open source .bin for people to work on there own DL DVD drives. enough editing goes into those files that they couldnt substantially prove that the software wasnt individually written, beautiful thing about code is that certain lines do certain things... not like a note or a book..they all generally have the same code..and without actual proof that it was copied then modified..well good luck trying to get a court to spend thousands of dollars to try to drag a jury into it..not worth there time..could be a waste of money..really you all need to study a little bit of law, and programming before posting such dumbass remarks

 

Do some research before replying. The drives are made for MS. Whether the firmware is owned by Hit, Sam, LO, or MS, it doesn't matter. The fact is they own it. Period. And the fact is the iXtreme firmware is that copyrighted code which has been edited without authorization in order to bypass the console's security protocol.

Your comments actually make you look worse than most of the know-it-all 12 year olds who come here ranting how it's all MS's fault and it's not fair.

Your acting like you have a law or programming background. Yet you think iX is some open-source code which is legal to use to circumvent copyright protection. That's just bad on your part.