Banned Xbox Live Users Class Action Investigation

wouldn't be the first time............

Taken directly from x-s,

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Banned Xbox Live Users Class Action Investigation​

>> Abington IP, a law firm specialising in consumer class actions posted this on their website

Full Story/Submit Form: abingtonlaw.com

 

The would be like a drug dealer suing a hospital as the drugs he stole from them weren't of a good enough quality, hang on a minute this is America, that would probably happen...

 

This reminds me of something that happened a year or so back... ok
story time

This dude went to go rob this guys house when he was on vacation, he apparently got stuck in the guys garage and was trapped there and he almost starved to death. The guy sues him, and wins, even though he broke into his house.

but back on-topic, yea its America so i don't doubt the fact that this case will make it somewhere. and besides, i happen to find this really funny :lol:

 

This is stupid. They will fail, it is within Microsoft's legal right to do as they please for people violating their terms of use, Their choice in time frame is irrelevent and is not something that can be fought and shouldn't even be in question. This coming from someone whom has been banned himself. Yes I hate it but I am not taking action against a company for knowingly violating the TOS. They will fail end of story. Also the person who said that they were not refunded for their subscription is an idiot. The console is banned not the account and the account system on LIVE is pre-paid how does someone expect to get a refund for breaking TOS?

 

Agreed. Even worse is the whiners saying 'MS broke my offline functionality' who don't understand key revocation. They revoked your keys because your box is no longer trusted! HDD installs won't work and you can't move your (potentially hacked) gamesaves or profile to another console, but they're just closing off an attack vector, how on earth are they going to get money back when they had to read the EULA to sign up?!

Almost as dumb as sending death threats to that guy, but not quite. Can you sue someone for sour grapes now?

Stone

 

I can :fresh:

 

Its like osama suing the US government for trying to kill him lol

 

A few thoughts:

1) The people with modified consoles *knew* that modified consoles were not allowed to connect to Live.

2) No one with a banned console has had their Live subscription impacted in any way. They are free to connect to Live with any stock Xbox on the planet.

3) If the Live TOS has any provision for attorney's fees, then the lead plaintiff in a case like this would likely be liable for Microsoft's attorney fees if he/she looses (as they likely would).

4) Microsoft would no doubt *love* to have a detailed list of the names and addresses of everyone who's likely to pirate games in the future. Why not let an outside firm do the work for free?

-hl718

 

I covered 1,2.
3 seems likely but 4 seems out of touch, I doubt Microsoft would lift a finger to do anything other than ban the consoles and not to mention I don't think a law firm would do such a thing. Seems like a contained case of fail to me.

 

What a bunch of dumbasses.

 

I don't know much about US law, but would have thought they'd have something of a case if they go on unfair business practise on the timing of the purges. Not sure how remuneration would filter down to those who have been banned though.

 

They will probably throw it on the fact that they didn't knew the second hand bought 360 was modified and so they are financially impacted by the ban as they are unable to use the xbox live account from their own 360 or something simular made up by the attorny to make some kind of case.

 

I think (and hope) that the Microsoft lawyers can solve this issue without problems.
People should respect contracts and property rights...

 

Under US law you have the right to face your accuser.

If group X sues MS, MS has the right to know who group X is. And during the discovery phase a *lot* of information would need to be turned over at MS's request. Not to mention the fact that destroying any information that pertains would be a big no no.

In short, you can't anonymously sue.

-hl718

 

Now they might have a case, because that disabling hdd functions seems a bit unethical, atleast IMO
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*Update* They updated their text (also including HDD Crippling now. Still no diff made between GT and Console Bans however). Here's their new txt:

Full Story/Submit Form: abingtonlaw.com

 

I'm grabbing a handful of snow crystals and getting it ready for it's chance in hell of succeeding.

Hope it's a no win, no fee situation!

 

That should go both ways...

 

It's funny I mumble about suing my cable company any time our Phone/Internet/cable shits out

 

nah

 

Cool -- I'll be sure to state that it's "unethical, IMO" when I'm suing someone.

I agree with you for the most part, but the fact is, if a modded system can bypass copy protection full stop, I think MS has the right to fuck w/ said units.

Trust me. They would win.