Class Action Lawsuit launched against Microsoft

KainXS · Nov 19, 2009, 08:46 PM

Abington IP is urging all banned Xbox 360 users to contact them because a breach of contract microsoft may have done banning xbox 360's but most importantly, disabling features on them, without customers knowledge after voiding the consoles warranties.

To me it seems Abington IP sees this as a chance to cash in and it may be with banned Xbox 360's being in the numbers of almost 1 million now, I'm no lawyer but if MS didn't disable features on them they would be in the green but they dicked around now they might be f@cked, but all in all, I see it as a chance of Abington to cash in.

Its really messed up this situation is, by modifying the 360's their warranties are gone, but did MS really break the law by disabling features that had nothing to do with LIVE, I don't know.

http://www.abingtonlaw.com/Xbox-Live-class-action.html

I don't know how this will turn out but I well . . . . . . don know what to say because I want MS to win but at the same time I don't because what they did was a little childish . . . . and dey broke ma datel memory card.

FordGT90Concept · Nov 19, 2009, 09:19 PM

Microsoft has their EULA to fall back on.

TheMailMan78 · Nov 19, 2009, 09:48 PM

Quote:

Originally Posted by FordGT90Concept

Microsoft has their EULA to fall back on.

As well they should. I hope Microsoft flips this on them and starts questioning where they got the bootleg software from.

Kreij · Nov 19, 2009, 09:54 PM

Read section 16 of the XBox Live and Games for Windows Live Terms of Service

By signing up for "Live", you entered into a contract with Microsoft that allows them to do just about anything they want.

Jstn7477 · Nov 19, 2009, 09:55 PM

Why are modders/bootleggers so dumb? They need to understand that Microsoft bans modding probably because it reduces support costs (people messing up the console by modding it), and prevents pirating to an extent.

If video card manufacturers didn't deem their warranties void by overclocking or modifying the card, people would probably be sending in heavily modded cards with wires and variable resistors soldered all over the place that they broke, to then be replaced for free.

3870x2 · Nov 19, 2009, 09:56 PM

Quote:

Originally Posted by TheMailMan78

As well they should. I hope Microsoft flips this on them and starts questioning where they got the bootleg software from.

agreed. There was a good reason they got banned in the first place. I have a few of my friends that did nothing illegal and got banned, but microsoft refuses to help them, so they are just out of luck. That should be changed, you should be able to appeal your case if you are innocent.

KainXS · Nov 19, 2009, 09:57 PM

If I were microsoft I wouldn't ban consoles, I would break them so those people would have to buy new consoles, and more money for me, but thats me.

Jstn7477 · Nov 19, 2009, 10:00 PM

Quote:

Originally Posted by KainXS

If I were microsoft I wouldn't ban consoles, I would break them so those people would have to buy new consoles, and more money for me, but thats me.

lol make an intelligent VRM controller or power brick that when you do something illegal, it overvolts the console and causes it to self-destruct.

Steevo · Nov 19, 2009, 10:09 PM

Quote:

Originally Posted by 3870x2

agreed. There was a good reason they got banned in the first place. I have a few of my friends that did nothing illegal and got banned, but microsoft refuses to help them, so they are just out of luck. That should be changed, you should be able to appeal your case if you are innocent.

So you are saying that since they have data that points to your friends doing something that violates the TOS agreement they have, the serial number of the console, the IP, time, date, and other information. MS is completely wrong to ban those they find cheating, stealing, harassing, and otherwise making the game experience they are selling to paying valued customers a poor one?

I disagree, I play a bit with friends who have Live, and the experience is poor at best compared to the PC. Too many kids playing games and talking trash, screaming and yelling making the game impossible to play.

Halo for the PC died when the cheating got to far out of hand.

niko084 · Nov 19, 2009, 10:14 PM

They probably don't have much of a case..

But IMHO, Microsoft and their Xbox is a big ripoff anyways, let alone LIVE and big brother tactics and extremely poor QC.

Eula's don't mean a whole lot either.. Many cases have been successfully won around those agreements, especially outside of the USA.
For instance, if I buy Windows and don't agree to the Eula I can't use it right, well now being it's opened I can't return it either.

eidairaman1 · Nov 19, 2009, 10:47 PM

ya QA wasnt there for the XB development, thats why several failed, only thing good that came out of the XB was the Controller. PS3 on the other hand looks like it has better looking graphics, hardware has less faults, only thing i dont care for is the controller.

3870x2 · Nov 19, 2009, 11:11 PM

Quote:

Originally Posted by Steevo

So you are saying that since they have data that points to your friends doing something that violates the TOS agreement they have, the serial number of the console, the IP, time, date, and other information. MS is completely wrong to ban those they find cheating, stealing, harassing, and otherwise making the game experience they are selling to paying valued customers a poor one?

I disagree, I play a bit with friends who have Live, and the experience is poor at best compared to the PC. Too many kids playing games and talking trash, screaming and yelling making the game impossible to play.

Halo for the PC died when the cheating got to far out of hand.

obviously you didn't even read my post. Please do before quoting me. I just said "innocent Xbox owners should go free" there, thats not as much for you to read.
Again, obviously, it might be difficult, but by not doing so, it is screwing the users.

TheLaughingMan · Nov 19, 2009, 11:36 PM

This ability for MS to do this kinda stuff is one of many reasons I don't play games on consoles online. If the delivery plateform (my rig) and the online server I play on are separate, this can't happen. I have been and will be again banned from a server or three. I just move on to the next and don't go back. When MS owns both, they can do stuff like ban you from online play in multiple games. That is crap.

Kreij · Nov 19, 2009, 11:43 PM

Quote:

Originally Posted by niko084

For instance, if I buy Windows and don't agree to the Eula I can't use it right, well now being it's opened I can't return it either.

Of course you can. The EULA usually states that if you do not agree with it, that you should return it to the place of purchase for a refund. The store will most likely say that they have a policy that they cannot refund opened software, however, the store is obligated to abide by the rules set forth in the EULA (which they too agree to when agreeing to sell the software).

If a store employee says no, demand to see a manager, and keep going up the line until you get someone who actually knows what actually is the store's responsibility. They hate to admit it (due to the potential of piracy), but they have to refund your money.

3870x2 · Nov 19, 2009, 11:47 PM

Quote:

Originally Posted by Kreij

Of course you can. The EULA usually states that if you do not agree with it, that you should return it to the place of purchase for a refund. The store will most likely say that they have a policy that they cannot refund opened software, however, the store is obligated to abide by the rules set forth in the EULA (which they too agree to when agreeing to sell the software).

If a store employee says no, demand to see a manager, and keep going up the line until you get someone who actually knows what actually is the store's responsibility. They hate to admit it (due to the potential of piracy), but they have to refund your money.

I second that, I didn't know about that specifically, but usually when you get to the first line manager, they have to refund it. Games that have a CD key probably have to be sent back to the company, and it is probably a hassle for them.

TheLaughingMan · Nov 20, 2009, 02:41 AM

Quote:

Originally Posted by Kreij

Of course you can. The EULA usually states that if you do not agree with it, that you should return it to the place of purchase for a refund. The store will most likely say that they have a policy that they cannot refund opened software, however, the store is obligated to abide by the rules set forth in the EULA (which they too agree to when agreeing to sell the software).

If a store employee says no, demand to see a manager, and keep going up the line until you get someone who actually knows what actually is the store's responsibility. They hate to admit it (due to the potential of piracy), but they have to refund your money.

That's good, but what if you are banned from Live. Do I just return all my primarily or exclusively online games? For some people that would mean they should just return the system.

jagd · Nov 20, 2009, 03:10 AM

Im sorry for US citisens

,there is law against this crap at free world

.Joking aside eula means not much at alot of countries

Quote:

Originally Posted by Kreij

Read section 16 of the XBox Live and Games for Windows Live Terms of Service

By signing up for "Live", you entered into a contract with Microsoft that allows them to do just about anything they want.

Nov 19, 2009, 08:46 PM	#1
KainXS Join Date: Sep 2007 Posts: 4,694 (2.27/day) Thanks: 184 Thanked 465 Times in 382 Posts System Specs	Class Action Lawsuit launched against Microsoft Abington IP is urging all banned Xbox 360 users to contact them because a breach of contract microsoft may have done banning xbox 360's but most importantly, disabling features on them, without customers knowledge after voiding the consoles warranties. To me it seems Abington IP sees this as a chance to cash in and it may be with banned Xbox 360's being in the numbers of almost 1 million now, I'm no lawyer but if MS didn't disable features on them they would be in the green but they dicked around now they might be f@cked, but all in all, I see it as a chance of Abington to cash in. Its really messed up this situation is, by modifying the 360's their warranties are gone, but did MS really break the law by disabling features that had nothing to do with LIVE, I don't know. http://www.abingtonlaw.com/Xbox-Live-class-action.html I don't know how this will turn out but I well . . . . . . don know what to say because I want MS to win but at the same time I don't because what they did was a little childish . . . . and dey broke ma datel memory card.

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Nov 19, 2009, 09:19 PM	#2
FordGT90Concept "I go fast!1!11!1!" Join Date: Oct 2008 Location: IA, USA Posts: 10,577 (6.28/day) Thanks: 1,755 Thanked 2,596 Times in 1,960 Posts System Specs	Microsoft has their EULA to fall back on. __________________ Golden Rule of Programming: Never assume. try { SteamDownload(); } catch (Steamception ex) { RageQuit(); }

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Nov 19, 2009, 09:54 PM	#4
Kreij Hardcore Monkey Moderator Join Date: Feb 2007 Location: Cheeseland (Wisconsin, USA) Posts: 12,117 (5.27/day) Thanks: 591 Thanked 5,493 Times in 2,937 Posts System Specs	Read section 16 of the XBox Live and Games for Windows Live Terms of Service By signing up for "Live", you entered into a contract with Microsoft that allows them to do just about anything they want.

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Nov 19, 2009, 09:55 PM	#5
Jstn7477 Join Date: Aug 2009 Location: Sarasota, Florida, USA Posts: 3,137 (2.30/day) Thanks: 387 Thanked 1,193 Times in 805 Posts System Specs	Why are modders/bootleggers so dumb? They need to understand that Microsoft bans modding probably because it reduces support costs (people messing up the console by modding it), and prevents pirating to an extent. If video card manufacturers didn't deem their warranties void by overclocking or modifying the card, people would probably be sending in heavily modded cards with wires and variable resistors soldered all over the place that they broke, to then be replaced for free. __________________ Intel Crunchers (27 threads): 2x 3770K 4.3G (14t), 2600K 4G (7t), X3210 (3t), P-M 735A, P4 HT 3G AMD Crunchers (11 cores):1100T 3.6G (3t), 1045T 3.4G (2t), X3 8550 2.5G, X2 4200+, T64 ML-37 AMD Folders (6272 GCN cores): 2x 7950 1125/1475, 7970 1150/1650, 7770 1100/1200 NV Folders (2336 GF10x + 1344 GK104 cores):GTX 470 & 465 720/1715, 4x 460 768MB 825/2000, GTS 450, 660Ti 1228/6000 HEATWARE

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Nov 19, 2009, 09:57 PM	#7
KainXS Join Date: Sep 2007 Posts: 4,694 (2.27/day) Thanks: 184 Thanked 465 Times in 382 Posts System Specs	If I were microsoft I wouldn't ban consoles, I would break them so those people would have to buy new consoles, and more money for me, but thats me.

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Nov 19, 2009, 10:14 PM	#10
niko084 Eligible for custom title Join Date: Dec 2006 Location: Saint Paul, Minnesota Posts: 6,387 (2.70/day) Thanks: 190 Thanked 739 Times in 599 Posts System Specs	They probably don't have much of a case.. But IMHO, Microsoft and their Xbox is a big ripoff anyways, let alone LIVE and big brother tactics and extremely poor QC. Eula's don't mean a whole lot either.. Many cases have been successfully won around those agreements, especially outside of the USA. For instance, if I buy Windows and don't agree to the Eula I can't use it right, well now being it's opened I can't return it either. __________________ This electronic post is encrypted in the 'English language method', any attempt to decipher meaning from these symbols is a violation of the Digital Millennium Copyright Act of 1998. This includes, but is not limited to: interpreting the symbols through use of biological, visual decryption devices, translating the symbols into another language encryption scheme, and digital processing the symbols into a form conducive to oral interpretation. HWBOT HEATWARE

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Nov 19, 2009, 10:47 PM	#11
eidairaman1 Eligible for custom title Join Date: Jul 2007 Location: HTX Posts: 10,078 (4.68/day) Thanks: 1,359 Thanked 1,159 Times in 1,035 Posts System Specs	ya QA wasnt there for the XB development, thats why several failed, only thing good that came out of the XB was the Controller. PS3 on the other hand looks like it has better looking graphics, hardware has less faults, only thing i dont care for is the controller. __________________ Athlon XP USERS with COD 4 FIX http://www.techsupportforum.com/foru...ls-202011.html http://www.howorks.com/2011/02/24/ho...-memory-limit/ “Sometimes my level of fail is unprecedented.” -TheMailMan78 “This is what the force of a thousand suns looks like.” -3870x2

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Nov 19, 2009, 11:36 PM	#13
TheLaughingMan Join Date: May 2009 Location: Douglasville, GA USA Posts: 3,701 (2.51/day) Thanks: 1,365 Thanked 1,264 Times in 930 Posts System Specs	This ability for MS to do this kinda stuff is one of many reasons I don't play games on consoles online. If the delivery plateform (my rig) and the online server I play on are separate, this can't happen. I have been and will be again banned from a server or three. I just move on to the next and don't go back. When MS owns both, they can do stuff like ban you from online play in multiple games. That is crap.

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