Microsoft says it's 'well within legal rights' to ban consoles

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In response to a possible class action lawsuit resulting from a recent round of Xbox Live bans, Microsoft has now asserted the legality of its position. A spokesperson has told the Financial Post that piracy is a violation of the company's terms of use and that Microsoft is "well within its legal rights" to ban users from its Xbox Live.
It was reported earlier this month that the law firm AlbingtonIP is "investigating" the possibility of a class action lawsuit against Microsoft over the bans. The firm argues that timing of the bans -- shortly after the release of Halo 3: ODST and just prior to the launch of Modern Warfare 2 -- was designed to get as much money from Xbox Live subscriptions as possible. In other words, the firm believes that Microsoft personally waited for a time when many people -- modders in this case -- would be purchasing Live subscriptions for popular games -- money that probably wouldn't be refunded after a ban.

Joystiq's Law of the Game columnist, Mark Methenitis, classified the suit as a likely "cash grab," explaining that anyone savvy enough to mod an Xbox would know to stay well away from Xbox Live. We might add that major releases, like ODST and Modern Warfare 2, are the biggest targets for piracy, and likely correspond with rises in illegal downloads. And that just might have something to do with the timing of the bans in question.
http://www.joystiq.com/2009/11/22/microsoft-says-its-well-within-legal-rights-to-ban-consol/

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"Microsoft says it's 'well within legal rights' to ban consoles" :: Login/Create an Account :: 7 comments

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SewerWastePosted:

If enough people caught on, we would have a fiesta with modders. Every game would have lag switches, everyone would have controller mods. On zombies everyone would be flying around the map. And on zombies, the leaderboards would be broken. (Just had to say that one.

MonkeyPosted:

of course microsoft says that.. I still think it was timed for these 2 releases because havent you noticed how greedy microsoft is?

xMrEaglePosted:

ok,we know they have the rights legally, but i dont see what the big deal is about modding,Getting games early is not good but whats wrong with modding?

TTG_NoOneCaresPosted:

Yeah, it's well within their legal rights to ban people, it's their community and if someones causing problems and not following the rules they get banned.



Simplez.

TTG_NasherPosted:

I get what they are saying, but modders know the risk they run and thats getting banned, whether they have just bought a live subscription or not

SeanPosted:

i do see a point but microsoft will win its a shame really

iBulletPosted:

They are in the right, maybe modfifing your xbox should be alrite, but not for getting copyrighted games...



So ms is doing there job.