Lawsuit: “Microsoft Timed Ban Spree to Maximise Profits”


Microsoft is facing a possible class action lawsuit from Xbox 360 users aggrieved at being banned for piracy, alleging that the company intentionally timed its bans to coincide with the release of popular games, and deliberately took advantage of the fact it was not refunding unused subscription time.

Abington Law rubs its hands with glee at the prospect of a profitable class action suit:

As has been reported widely in the media, tens of thousands of Xbox owners have had their modified Xbox consoles banned from Microsoft’s online gaming service Xbox Live.

Although modification of Xbox consoles is *arguably* against the terms of use for Xbox/Xbox Live, Microsoft “conveniently” timed the Xbox console ban to coincide with the release of the new Call of Duty: Modern Warfare 2 game and less than two months after the release of the very popular Halo 3: ODST game.

This “convenient” timing may have resulted in more Xbox Live subscription revenues for Microsoft than it would have generated had these Xbox console bans taken place at some time before the release of Halo 3: ODST and Call of Duty: Modern Warfare 2.

Additionally, sales of both Call of Duty: Modern Warfare 2 (published by Activision) and Halo 3: ODST (published by Microsoft Game Studios) would likely have been greatly diminished had the Xbox console ban occurred prior to the release of these games.

Additional *reported* problems resulting from the bans include, but are not necessarily limited to:

* Disabling/altering Xbox functionality *NOT* associated with Xbox Live or piracy (HDD functionality for example);

* Disabling/altering Xbox functionality *NOT* associated with piracy (Netflix, game add-ons, music, and arcade games for example);

* Obtaining information from Xbox consoles without permission of the owner;

* Other problems/consequences associated with these bans have been reported here and elsewhere.

As an aside, PIRACY IS A LEGITIMATE CONCERN for Microsoft and other content producers. HOWEVER, (to use a poor analogy) Microsoft has chosen to use one of the most indiscriminate “weapons” in its arsenal in an effort to combat piracy — as a result, use of this “weapon” has resulted in a great deal of collateral damage — many people were affected who had nothing to do with piracy.

Furthermore, Xbox console functions that have nothing to do with piracy were also affected or disabled.

Details aside, Microsoft’s bans could (and should) have been more measured.

Notably, the lawsuit is explicitly on behalf of Xbox Live users who had their “modified Xbox console” banned, meaning that the issue of them violating their usage agreement with Microsoft is not in doubt.

Undoubtedly a self-serving venture for the lawyers concerned, but with millions of dollars tied up in the timing of the bans it is far from ridiculous to suggest Microsoft may have taken such factors into account – indeed, it would have been rather sloppy had they not done so.

Just whether they will succeed in getting anything out of Microsoft is another matter however, though with hundreds of thousands of angry pirates and a supposedly substantial number of accounts banned in error there will likely be no shortage of people eager to see them pay for having the gall to try to make users pay for their software…

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  • M$ is boned. They went one step too far and should’ve quit while they were ahead.

    Legally, they can ban you from their online system and cancel your Live membership. However, it is illegal for them to go into your system and sabotage it and destroy/reduce its functionality (they delete your system keys). It’s effectively like formatting your HDD for having a pirated Windows, except in this case it makes the HARDWARE stop working and you can’t really reinstall it (unless you’re a hax0r).

  • Ah, they’re just paranoid. I fail to see Microsoft as intentionally wanting to ruin people’s lives.

    Mysterious Voice: “I can’t wait to see your comment rated down. We’re not paranoid; you’re naive.”

  • M$ did do this for money but SO WHAT? They are a busiess and piracey is illegal. They are within their rights. I see no legal thing the people bricked can do. They should be lucky they aren't criminally prosecuted.

  • So this is how it’s probably going to go down:

    Lawsuit comes to Microsoft. Regardless of the legitimacy of its claim, they’ll choose to go after an out of court settlement in which they admit no wrongdoing, but it never sees the legal light of day. They do this because it’s far cheaper just to pay off the law firm than press the case in court. “Plaintiffs” in the case will get $5-$10 each and the law firm earns a half a million.

    Honestly, I hope Microsoft pursues this case just so this ambulance chaser doesn’t get a penny. I only see one real legitimate point of contention in this case, and that’s the lack of a pro-rated refund on time remaining on the x-box live account, as the laws of many states override their EULA’s no-refund policy.

  • Microsoft will win this nonetheless not because they have loads and loads of money. But because everyone who has a problem with piracy wants this one to win to show pirates you can have what you want for free.

    Pity to the people who filed the suit, MS prolly will file a counter-suit against them.

  • Those pirates deserved it. They even have the nerve to complain. What a bunch of retards. If they want to play THEY HAVE TO PAY for it. Playing games is a luxury. If they can’t afford it well BOOHOO.

  • ok, MS has the right to ban people from their service who break the terms of usage, that said:

    “Additional *reported* problems resulting from the bans include, but are not necessarily limited to:

    * Disabling/altering Xbox functionality *NOT* associated with Xbox Live or piracy (HDD functionality for example);

    * Disabling/altering Xbox functionality *NOT* associated with piracy (Netflix, game add-ons, music, and arcade games for example);

    * Obtaining information from Xbox consoles without permission of the owner;

    * Other problems/consequences associated with these bans have been reported here and elsewhere.”

    The above quote is a list of illegal acts, basically. The 360 is “phoning home” something that would be unthinkable in the PC market, thanks to past lawsuits. Various other acts listed above have legal precedent indicating they are illegal (criminally or civilly) thanks to the Sony rootkit case and other cases of digital sabotage in the PC market in the past.

    • ChaosAngelZero says:

      It doesn’t “phone home”, they connected to Microsoft’s very servers, paid a subscription fee and used their very services with a bootlegged system. Do I need to telegraph this shit into your fuckin’ brains or something?!

      I mean, it’s almost like whining for getting your legs bitten off because you just dived into a sea full o’ sharks, and act that deserves some kind of all-time massive stupidity gold medal.

    • HD game install wasn’t in the original Xbox 360. It was added in an update. All other streaming functionalities fall into XBL. The console is banned from XBL so they are lost. A banned console still plays game as it supposed to, except that your profile and saves are “locked” in that banned console(meaning you can’t use it on an unbanned console). It is a known fact that Xbox 360 keeps a backlog of user activities(that’s how you could still get banned for playing pirated game offline), some legal gibberish from MS probably took care of that already. So they don’t really have a case there.

      • They do.

        What about systems that were bought with that firmware already loaded? Those would already have those functions “built-in”. Also, you can’t connect to a Windows Media Extender, so that has nothing to do with XBL, either.

        The fact is, they deleted information that was already on people’s unit without permission and that’s the part that’s illegal.

    • Agreed several laws were broken and a device that phones home without permission should never be tolerated.
      It also should be noted the Xbox 360 is the only console with e-fuses that cannot be reset once blown.
      As for supporting the industry it would be better for the industry as we know it to die then be forced to accept scumtastic behavior like this.

  • As long as the case is presented well, I believe they could win. Why? Simple:

    1_ The timming of the ban is, well, too convenient. With both new games and the holidays coming up, the ban serves as a good way to increase sales.

    2_ They are not refunding subscriptions. Accounts may not have been banned, but if someone had their system blocked and don’t feel like buying a new one or using their account on a different one, they were pretty much milked for all they were worth.

    3_ If Microsoft had simply issued a warning, say, two weeks before they started banning, stating what they were about to do, it would have gotten the same results in terms of fighting piracy, maybe even allowing people to return their systems to normal (which should be possible, but I can’t be certain). But, you know, Microsoft saw the profit in doing it stealthly, so…

    On a side note, I don’t own an X-Box, now am I going to. But I’ll share a little something: where I live (south america, not specifying country), any original PS3 or XBox game cost anywhere between 200 to 400 pesos, with the legally minimum income for a fulltime job being around 1200. With PS3 you can’t do much, but Xbox, being that many games are burned on DVDs, the price is ridiculous for the original one. Seriously, a blank DVD costs less than 2 pesos, it’s no wonder you can’t find an UNmodded Xbox here on sale…

      • Nice way to both miss the other points, and fail at math. Lets say, hypotetically, users banned don’t ever log back in. They somehow manage to cancel their subscriptions, but probably loose a full month. It’s,like you said, only 8 bucks, no bid deal. But, with 600k banned people, that amounts to 4.8 million for MS, that they get for a service they aren’t providing. All hypotetical, of course.

        Say what you want, but if you are gonna ban hundreds of thousands, give a freaking warning. And I don’t mean the Terms of Service, I mean a warning people will actually look at and take seriously. Sure, they SHOULD read the ToS, but you can’t tell me sending an ultimatum wouldn’t have diminished the amounts of bans substantially.

        • Their only obligated to give a terms of service agreement. They forfeit their subscription by engaging in illegal activities. Pirating is illegal. MS can easily counter sue all the individuals that present the case, for up to 100,000 a piece. If they bring the law in an additional jail time can be added up to 10 years.

          So honestly who ever is doing this stuff is a moron.

          In addition there is nothing preventing MS from doing the banning at any time they want as it’s in the TOS.

          I’d like to see a couple of the guys go to jail for stupidity and the lawlz.

  • Some of the comments to this article was to no surprise, let me address them:

    1-360 sucks!! PS3 PWNS!!!
    2-Hah! Fucking Pirates deserved it!!
    3-Dam you M$, you money whore!!
    4-They killed our console without notice!!

    1>Yes I’m sure fanboyism sure showed those 360 fanboys…
    2>STFU Please. 80% of you bastards are hypocrites. Go back to downloading or streaming your anime, drama’s, games, movies, manga’s, comics, novels, music etc…
    3>…Erm yes they are a money whore. They’re a business. It’s your own foolishness to not suspect that online functions might not be screwed over sooner or later.
    4>This is the only thing worth debating. It’s definitely not within rights to screw the consumer over without notice and with an instant kill switch. But then under guidelines of agreement, you should of at least expected that they ‘may’ in the future brick your console should it be modded when you got internet connected.

    • Couldn’t agree more. Fanboyism on either side is pathetic. I just don’t understand how double standards are accepted among some gamers. It’s wrong to pirate games, but it’s fine for music and other media? As you you said Microsoft is a business. Their methods of dealing with things may suck but any business will take whatever oppurtunity to up a profit. People shouldn’t complain, well chronically, when they are shafted doing something they shouldn’t either.

  • As a self-standing student I simply cannot afford the video games. Their prices are ridiculous, and my scholarship barely holds me on my feet, and I have to study 95% of my free time to keep my scholarship, so I can’t really work.

    Does that mean I can’t enjoy video games just because I wasn’t born in a wealthy family like most of the spoiled little fuckers here? That makes no sense at all and I won’t tolerate it. If I copy their I.P. they lose nothing at all, so I don’t see what’s wrong if a certain degree of people just pirate. If they want more money they should find ways to attract more gullible people who are willing to pay for I.P. with casual and party games.

  • In the Xbox360 ToC they are leasing the xbox to you and it is not really yours. Thus you have no right to modify it in any way shape or form. Therefor this is a lost cause for anyone attempting to get their jollys off of this

  • It is microsofts right to ban you if you are pirating games. No matter what my friends tell me about stealth games and shit like that i never will mod my xbox and two were banned about a week ago playing mw2.

  • I predict a massive outbreak of DDOS attacks against XBL & MS, as a certain percentage of the 1 million banned users will retaliate.
    That doesn’t include the ordinary crackers (who already hate MS) using it as an excuse to launch attacks whilst claiming that they are “sticking up for the little guy”.
    I also predict an upsurge in phishing attacks, “click here to get your Xbox unbanned”.


  • First and foremost, if you modded your console and then went on Live anyway, you are a fucktarded nitwit and deserve what you got. It’s against Live’s TOS, no matter what you claim your purpose for modding was.

    Secondly, the timing doesn’t matter. Did they deliberately time it to coincide with a major game release? Maybe. Does that make the slightest bit of difference to how legal it is? Of course not.

    Thirdly, there is no refund necessary for lost subscription time, and this will not result in new Live subscription revenues, because the Live accounts are still good. It’s the consoles that were banned from Live, not the accounts.

    As for the bullshit bullet points, the hard drives are also banned because a modded console can be used to mess with the data on the HD in unauthorized ways. This is a perfectly legitimate concern for Microsoft, for piracy, cheating, and any number of reasons. As for other things being disabled, maybe you pirated them, maybe you didn’t, but so what? They require Live to function, and your dumb ass got your console banned from Live. Tough shit. Obtaining information without permission? Call me crazy, but I’ll bet you the EULA you agree to to get on Live gives that permission to Microsoft.

    Piracy is more than an aside, it is a huge problem. And the “it wasn’t for piracy” argument is a load of garbage. Microsoft can’t know *why* you modded your console, only *that* you modded it. Since that alone puts you clearly and absolutely (not “arguably”) in violation of the terms you agreed to, they have no reason or obligation to give you the benefit of the doubt. This move will mean fewer pirates and cheaters on Live, and that’s a good thing. It sucks for the few people who modded their systems for legitimate purposes, but again, taking your modded console on Live is just stupid.

    Yes, you can mod your console or do whatever you want to it. It’s your property. But Live is Microsoft’s service, and they don’t have to let you and your modded console on.

    • As the article says, it’s not just about access to XBox Live. Microsoft essentially crippled any console that fit its definition of modified. And that is well outside of what they can legally do.

      How would you like having your car towed, crunched and returned to you as a cube of metal by its manufacturer because you had the audacity to put in a better sound system or have its seats fitted with leather. Sound fair?

      When someone buys a console, it becomes their property. No longer Microsoft’s. It’s still within their legal rights to exclude them from Live for modifying it, sure. But they can’t just go around with the digital equivalent of a baseball bat and destroy what no longer belongs to them.

      “the hard drives are also banned because a modded console can be used to mess with the data on the HD in unauthorized ways”

      Unauthorized ways? Unauthorized by whom? Microsoft? Again: The moment someone buys the console, it ceases to be Microsoft’s property. They have no authority over its hardware. TOS and EULAs are not the law. They can be used to exclude someone from an ongoing service, but no more.

      And before you think I’m biased: No, I’m not affected by this. Hell, I haven’t even owned a console since the N64.

      • Access to Xbox Live doesn’t only mean playing multiplayer. Just about everything you do on a 360 is tied in some way to your Live account, be it purchases, savegames, or whatever. So getting booted from Live disables a lot more than just multiplayer. But anyone modding their consoles knows (or ought to) that they are voiding their warranty, violating Live’s TOS, and are pretty much SOL if anything goes wrong. Well, something just went wrong. Tough cookies.

  • Y’know I hate to admit this, even with this so-called “Lawsuit” in play. I still see Microsoft winning against us videogame junkies, because like everyone says “I Don’t have ‘NO’ and I mean ‘NOTHING’, ‘Notta’, ‘Zilch’, etc. Money” whereas Microsoft has more than a “Trillion dollars supporting their company”

    What I’m saying is, all of us gamers that mod our systems are totally F***ked* because we are bloody broke…

    I mean for godsakes everything is running on microsoft for crying out loud even through the judicial system.

    Whoever the idiot that started this lawsuit, is going to lose and I mean big against a global conglomerate, if you know what I’m saying…

    • Gamer’s Lawsuit Seeks $50K Over Xbox 360 Disc Scratching find out about that sounds like he did pretty okay against your big brother i mean microsoft not even there wall of money shuold be be able to stop the law and if it is then ima buy a ps3

    • Even if they are a multi-billion dollar corporation, modifying your console in many countries is perfectly legal, as you do own it when you buy it. So as long as you were playing your perchased games that you backed up there is no reason why Microsoft legally can ban you.

      Which means you have a law suit on hand. You cannot simply apply American law internationally as that would not make anysense. Just think of it as charging someone in Amsterdam for hemp usage under British law.

      • They may not be able to legally stop you from modding your console, but they are absolutely within their rights to keep that console off their online service. Live isn’t an object that you purchase, it’s a service that you subscribe to, and agree to its terms. If you violate those terms, you don’t have much of a leg to stand on when they bring the hammer down on you for it.

  • Wow, I’d like to know what kind of idiot lawyers with too much time and money on their hands took this case. I feel for those with modified 360’s but hasn’t Microsoft been doing this for years with pirated versions of Windows? Besides, there is no reason why Microsoft woudln’t be doing this. @ anonymous, no, this is not a legitimate case. If you can find any precedent for a court to decide in favor of the piraters (this case wouldn’t even make it to a jury), or any FRCP or statute to back the pirater’s case, I’m all ears. Just because somebody is getting screwed (i.e. those with modified 360s) doesn’t mean they have any legitimate legal recourse.

  • Virus – A piece of software that modifies data on a system without knowledge of the people using the system. It is considered a criminal offense and can lead to a prison sentence for the maker and distributer of the virus.

    Microsoft did – Created a piece of software to modify data on peoples Xbox 360 and distributed it to consoles.

    What Microsoft did was create a virus and send it to the banned consoles to modify data without the persons knowledge and permission. This is a criminal offense just like anyone else making and distributing viruses.

    • Virus is a combination of proteins which tend to make you ill.

      Computer viruses on the other hand are pieces of executable code which run without the user’s permission.

      Read Live’s ToS and you will realize that people who use it have (implicitly) agreed to pretty much any thing M$ chooses to push them.

  • So many posts and no one got it that problem is not the online block?

    Eula or not that’s a good idea not to mess with hardware. Maybe you’ll think again when MS will burn your hard drive with a laser if it thinks your Windows is illegal (yay for false positives too).

  • lol you guys are pathetic. you took the risk in modding the xbox and it didn’t pay off. now, all of the pirates are whining like babies. shouting conspiracy, and unfair play. i personally don’t care if somebody pirates or buys games. but as soon as you mod your system, you know damn good and well you’ll be burning games. so when you get banned you asked for it. people take this shit too personally. _they_ were banned. they have no idea that buy pirating games you are actually stealing games from the companies. it’s the same thing as stealing a physical copy. the physical copy is no different, it’s merely a dvd containing the software that is the game. you cant sit here and feel like nothing is being done wrong when you download the software and burn it. again, i personally don’t care who pirates, i have in the past, and i will continue to do so. i also buy games i want. but if one of my systems gets banned from service because i did something illegal, i deal with it how it should be dealt with, i’m an adult about it and i accept it. OOPS, MY BAD! anybody who mods current gen systems is taking a huge risk anyway, all of them are always online. if you wanna hack shit so badly hack the ds/psp. they cant be detected.

  • I knew the ban would result in a class action lawsuit.
    Technically if all they did was ban X-Box live Microsoft would have a defense.
    But since they crippled consoles effectively bricking them they have no defense.
    They can stop a modded box from going on Xbox live but they are not allowed to brick it or lock out the HD as this is destroying property and amounts to vigilantism.
    If I got a console banned I would not buy a new one I’d dump my games on ebay or game stop and buy a competitor’s console.

        • While they own the “copy-rights” to the software, that copy of the software (including the patches) is very much a part of my 360, and I own that copy. Hence, while I have no legal right to sell the software on it (thanks to Copyright Monopoly), they don’t have the right to work Malware onto my system.

          Not to mention this goes against all kinds of anit-spyware, anti-malware, and anti-digital sabotage laws that have been made over recent years…

        • Windows Media Extender requires Live connectivity to function for some reason. HD installs may too – at the very least, they were added by a Live patch and not included with the base 360 configuration you bought so you don’t actually have any right to them. The console still plays games even after it is banned.

          One could also argue that you indeed bought the hardware, but Microsoft still owns the software that runs it, and only licenses said software out to you.

        • Agreed the US’s ip laws are among the most broken on the planet.
          They need to be rolled back to the original version or atleast the 1909 version.

          BTW I’m so happy Sonny Bono died hitting that tree if only it happened sooner.
          The date should be made into a national holiday and smashed Bono effigies should decorate trees in front yards everywhere.
          Also let people piss on his grave.
          As for DMCA I suggest all other countries refuse to acknowledge it’s existence until the US repeals it.

        • “infringes on Microsoft’s IP”

          You just lost the game.

          Sorry, this case is proof positive that Intellectual Poverty (or, if you must, Intellectual Protectionism) needs to end. The Goverment needs to stop providing for an unconstitutionally long Copyright that does nothing but feed Monyed Corporations in their war to enslave consumers. Copyright monopoly and Patent monopoly have become so far-reaching that seek to strip ordinary folk of their Property Rights. Don’t believe me: try looking up the ACTA treaty/”trade aggrement”. Your now-legal TiVo may land you in jail tomorrow.

          “I hope we shall… crush in its birth the aristocracy of our moneyed corporations which dare already to challenge our government in a trial of strength, and bid defiance to the laws of our country.” –Thomas Jefferson

        • I think even under this Magnuson-Moss law that Microsoft is covered since any kind of mod whatsoever that infringes on Microsoft’s IP and ToU could conceivably be defined as “or by unreasonable use”.

          You broke their conditions, be prepared to accept the consequences.

        • ^
          I don’t know. I am guessing if you are tech-savvy enough to use a non-stock drive, you probably could flash the drive pretty easily too. And I have yet to hear anyone coming forward with that situation. I’m 99% of those who got banned did more more than just using a non-stock drive.

        • Yay, at least one person here sees why this is a legitimate case. The problem isn’t just in mod chipped consoles (which can be used to un-region lock your console, not just piracy) but in banning consoles that had non-stock HDs. It’s like saying you can have a laptop, but if you change the hard drive in it it’ll implode on itself -_-

  • Hilarious. Any pirate with a clue would know to not take their modded systems online.

    Now they’re demanding money? Fucking morons. You do know Microsoft has enough money to hire Jesus as their lawyer, right? And he’d win, too. He’s Jewish.

    • wait, so you knew they would ban the 360 modders and in your wisdom you saw that the ps3 isn’t moddable and decided to purchase it because you’d never run the risk of a ban even though you couldn’t mod it?

      You’re a genius.

  • LaughingReader says:

    Aaarrggg…acting like pirates aren’t we?? why?, ’tis my favorite occupancy and stage play

    I’m expecting PS3 to take advantage of the pirate uprising

    PS3: With our PS3(which does everything), u can do everything with ur PS3 and not getting banned, tortured, shark baited or getting cursed you drunken scalawags!!! and remember PS3

    I’m hoping sony will grant a lenient punishment or amnesty to current ps3 modding jack spassies(don’t know if there’re ps3 mods out there) or future aspirants

    I just think microsoft have done their math, then not explaining the point(do we get richer with the banning spree?), or are they?

  • Additionally, sales of both Call of Duty: Modern Warfare 2 (published by Activision) and Halo 3: ODST (published by Microsoft Game Studios) would likely have been greatly diminished had the Xbox console ban occurred prior to the release of these games.

    1. Ban occured before release of Modern Warfare 2, so diminished sales of Modern Warfare 2 is a non-issue unless a vast amount of modified xbox owners pre ordered ORIGINAL Modern Warfare 2.

    2.Modified xbox owners modify their xboxes to play pirated games. Microsoft doesnt gain any revenue from the sales of pirated games nor do sales numbers include sales of pirated games.

    3.Lawyers state that ODST sales would likely have been greatly diminished had the ban occured earlier. Completely false. Like I said earlier, pirated game sales to modified consoles do not benefit microsoft at all.

    4.It is also arguable that microsoft timed the ban as such to be able to catch xbox pirates who bought their pirated xboxes to play ODST and Modern Warfare 2, something analogous to gathering your enemies before destroying them all. Pretty smart move.

    If i can spot these kinds of mistakes in just one paragraph, microsofts lawyers will tear this case up. Honestly, im glad i decided to go original.

    • yeah youre probably right.

      but i think its more about the xbox live gold accounts that the pirates bought for modern warfare 2, that have been disabled without refund.
      its about microsoft having taken the money while knowing that the guy who bought it wouldnt have a chance to use it.

      fansubs are bad enough, dont pirate games 😛

      ps. im also glad i dont have pirated games (ps3)…

      and i really dont think feature console generetions will have to deal with pirating anymore… just like sony with the ps3 right now, nintendo and microsoft will make unpiratable systems.

        • ChaosAngelZero says:

          @Anon 00:35 23/11:

          16. Service Operation and Equipment.

          The Service may only be accessed with an original Xbox, an Xbox 360 console, a personal computer, or other device authorized by us, or by logging into your account via You agree that you are using only authorized software and hardware to access the Service, that your software and hardware have not been modified in any unauthorized way (e.g., through unauthorized repairs, unauthorized upgrades, or unauthorized downloads), and that we have the right to send data, applications or other content to any software or hardware that you are using to access the Service for the express purpose of detecting an unauthorized modification. Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, further sublicense, distribute, or use for other purposes the Service, any game, application, or other content available or accessible through the Service, or any hardware or software associated with the Service or with an original Xbox or Xbox 360 console is strictly prohibited and may result in cancellation of your account and/or your ability to access the Service, and the pursuit of other legal remedies by Microsoft. Microsoft may take any legal action it deems appropriate against users who violate Microsoft’s systems or network security ,this contract or any additional terms incorporated or referenced in this contract, and such users may also incur criminal or civil liability.

          Microsoft reserves complete and sole discretion with respect to the operation of the Service. Microsoft may, among other things: (a) restrict or limit access to the Service; (b) retrieve information from the original Xbox, Xbox 360 console, personal computer, and any connected peripheral device used to log onto the Service as necessary to operate and protect the security of the Service, and to enforce this contract; and (c) upgrade, modify, withdraw, suspend, or discontinue any functionality or feature of the Service, any game or other content available or accessible through the Service, or any hardware or software associated with the Service or with an original Xbox or Xbox 360 console, or personal computer, from time to time without notice, which may involve the automatic download of related software directly to your original Xbox, Xbox 360 console, or personal computer, including software that prevents you from accessing the Service, playing pirated games, or using unauthorized hardware peripheral devices.

          Sure, it’s long as hell, but the print most definitely isn’t “fine”.

        • did you even read of the act you mentinoned? Had you did you would have read:

          “According to the Report of the House of Representatives which accompanied the law (House Report No. 93-1197, 93d Cong 2d Sess.) the Magnuson-Moss act was enacted by Congress in response to the widespread misuse by merchants of express warranties and disclaimers. The legislative history indicates that the purpose of the Act is to make warranties on consumer products more readily understood and enforceable and to provide the Federal Trade Commission with means to better protect consumers.[1]

          The statute is remedial in nature and is intended to protect consumers from deceptive warranty practices. Consumer products are not required to have warranties, but if one is given, it must comply with the Magnuson-Moss Act.”

          In other words, the fine print in EULAs has no legal meaning when it exceeds the Magnuson-Moss Act. In other words, half-bricking consoles isn’t just a profit-maximizing practice, it’s against the law.

  • Well, the 360’s golden age was pretty much ending soon anyways, with all the good stuff and improvements going to PS3. This just confirmed it. And now I await the imminence that is the spam war to follow…

    • Oh yes, because the 360’s global sales have continually and consistently increased every month this year, the 360 has Project Natal incoming next year, and a great deal of developers still find it easier to develop on the 360. Thats definitely a cause to say the 360s golden age is ending.

      Both consoles are getting improvements and good stuff so that they can compete with each other. In the end, the consumer, you and I, we will benefit. That is the silver lining in the console war.

    • ChaosAngelZero says:


      I really feel sorry for the few people who have to put up with this kind of shit when in fact they’ve done literally nothing wrong.

      Setting up everything in order to have some fun playing games online is already a time-consuming chore, and then getting kicked out and having to explain Microsoft they’re not frigging pirates and that they’ve most probably been framed by someone stealing their console’s ID and stuff… man, I’d hate to be that guy.

        • Odds are they’ll do nothing unless you threaten with a lawsuit that has the possibility of winning.

          Think about the extension of the warranty from 1 year to 3. It happened because of a lawsuit (thus Microsoft becoming afraid that more users would threaten them with a lawsuit for faulty hardware)…

          Curiously enough, their answer was to extend the warranty as opposed to actually making a solid piece of hardware.

          Go team greedy retard.

      • What makes you say that the amount of ‘victims’ constitute only 1%? Seriously, this is beginning to sound as if everyone here who’s defending Microsoft are the same people who were so butthurt by all the “Sankaku Complex is way too Pro-PS3” finally getting a cause they can back up Microsoft for on the premise that “The grand 99% of those banned were goddamned pirates!” …Which repeated ad nauseum almost sounds as ridiculous as South Park’s “They took yur job!”

        Seriously, did nobody read the following two pieces from the article?:

        – Disabling/altering Xbox functionality *NOT* associated with Xbox Live or piracy (HDD functionality for example)

        – Disabling/altering Xbox functionality *NOT* associated with piracy (Netflix, game add-ons, music, and arcade games for example)

        Considering these details, as well as what may constitute a Modding of your console by the eyes of Microsoft, we’re seeing a lot of innocent ‘bystanders’ being gunned down needlessly. And according to the Sankaku Complex articles, it isn’t simply Xbox Live that is being cut off, but also the HDD in some cases, which goes into the overkill, especially to those who did not pirate.

        Also, if Microsoft can undo their bans, then what prevents the pirates from unbanning themselves? How in fuck’s name would they give a shit about the ban in the first place since they could easily just unban themselves or wait a good month or two for someone to hack through Microsoft’s shitty ass codes.

        For all you know, this lawsuit was made by the collateral damage who then were backed up by some of the pirates that could speak of the technical jargon and technical stupidities Microsoft have done. From what I’m seeing, Microsoft could’ve tweaked their screening process before then banning those they could’ve clearly identified as Pirates, rather then just Modders… Though that would’ve been a greater expenditure of money from Microsoft, and we all know how much they treasure their precious money.

        • Nah, thats impossible because:

          a) Microsoft is too lazy to do that.

          b) They´re scared to piss of the Chinese and the Russian. We dont want another cold war, specially a one that we gonna lose, isnt?

        • Or, better yet, they could have just gone after the profit pirates in China and Russia, who are the ones who are TRULY making them lose money and press copies of games that are EXACTLY like the real games, so they won’t even get their customers banned by this.

  • I figured that this was their plan from the beginning but why make a law suit… Personally I don’t see microsoft losing, but they may re-enable the un-privacy relating material, but they aren’t going to be able to use live regardless… In all I don’t see this doing much… If they get pissed they could just strap the company from certain area to completely around the world, they probably won’t do that… but the owners have enough money to scrap their side companies and continue with others…

      • you do realize all they have to do is sell it to a pawn shop buy a new one and not go on-line with it? you still can get a shit load of free games and as long as you dont connect it to the Internet you dont need to care about this.

        • Why does it sound to me like it is those who didn’t pirate their Xbox360 who’re so butthurt from having their asses kicked long ago attempting to take blind vengeance the moment that they see the people they’ve long envied fall down to the ground.

          Seriously, the main problem within this post was not the pirates themselves, but the large amount of collateral damage. It’s as if you just burned a city block to take care of a single thief, forcing everyone who’s lost their homes to buy new ones saying they did the right thing for taking down the thief.

        • 1) This only works if you don’t want to play online.

          2) Microsoft could have other tricks up their sleeve – such as releasing their games with code that checks for modded consoles and then stops them from working, and so on.

          All in all, I’m pretty sure Microsoft, while having made a dick move, will massively benefit from it.

          Also, Wii and PS3 pirates may slightly reduce in number over the fear that something similar will happen. And in the future, when the next generation of consoles come out, everyone will remember the mass banning of the 360 and possibly go legit.

      • in short sales mabybe. depends how important multiplayer is to the pirate playerbase.

        But if they don’t want to play multiplayer,
        They could buy a console
        Update it
        disconnect it from web
        mod console

        in that order

        • Actually, BlaqCat, there have now been some reports of scammers taking the CPU keys off XBox360’s in stores and using them to ‘unban’ consoles!

          So Microsoft just stepped into a heap load of runny poo while trying to get ‘pirates’ who are usually their best customers…. they just don’t want to have to re-buy every single frigging time a disc gets scratched. That is why they mod.

        • This is gonna go on for a loooong while- People will find loopholes, pirate it again- Microsoft will make another banfest, and it’ll continue like that until one side gives up… -_-; People will probably figure out how to ‘unban’ their consoles so they can use them atleast, even if not online.

  • angry pirates: it is just like you finally got a duplicate of a key of a rich man’s house, and when you want to break in you found out that the owner had already changed his lock. then you get so angry that you want to sue the owner for changing his lock because you can’t get in.
    although i do feel for those who are not pirates yet get banned in error. microsoft should do something about it.

    • Hey, I have a bunch of friends who use these things to play backed up video games because their children (naturally and without being ‘hard’ on things) scratch discs. If Microsoft would have a service where you could send your game disc back for a non-scratched and WORKING COPY, then these things wouldn’t be necessary.

      The fact is that most people who use these things are NOT pirates at all, that is a bullshit argument that Microsoft pulls out EVERY SINGLE FRIGGING TIME when they do something like this.

      Personally, I had to activate Windows Vista using one of those ‘pirate programs’ because every single time I did a ‘upgrade re-install’ to fix my machine, it lost the frigging OEM codes for the thing…. I’m not a pirate, I’m a PO’ed legitimate customer.

      • ChaosAngelZero says:

        Kids that scratch game discs? Not Microsoft’s fault. Try buying used games for dirt cheap.

        You lose your Windows or Office copy’s product key? Not their damn fault. Phone them for a new key or something.

        There, I just solved your life, saved you the hassle of suing MS, and I’m not even charging you for the favor!! Ain’t this shit, liek, totally kewl?! 😀

    • False analogy there. The legal complaint here has nothing to do with LIVE bannings, it has to do with damage that MS has allegedly brought upon the legally owned consoles of owners. These people have had their system half-bricked when they tried to take ownership over their xbox 360. There is plenty of case law for them to go off of here.

      • ChaosAngelZero says:

        Legally owned and illegally modified consoles of owners, you meant to say.

        ‘Cause you see, you’re as free to illegally mod your console as you’re to cheat in a university’s entrance exam… just don’t start crying when you get caught.

        It’ll be loads of fun when the PS3’s protection eventually gets hacked and Sony starts to “ban ‘n brick” fucking everyone, lulz.

        • ChaosAngelZero says:

          I repeat because it’s pretty evident I wasn’t clear enough the first time: it’s YOUR illegally modded console, and you payed for accessing Microsoft’s Live services (voiding your contract with Microsoft which you agreed to abide through their terms of use).

          Do. Not. Start. Crying. When. You. Get. Caught. Like a perfect dumbass.


          BTW, you genius, the only way to run a pirated copy is by modding the console itself. Do you understand now why they proceed like this?

    • It might not be completely illegal, but the problem is how vaguely they disable consoles. They target anything “modified” without being but so clear on which mods get you banned. It would be akin to PC manufacturer disabling your HD or or internet accessibility because you changed something in the computer. They have better ways they could probably stop pirates, but this way many more users get caught up in the whole thing, and they can hopefully maximize money going into their pockets (through hardware, and re-purchased X-Live subscriptions).

      Noone can deny that the timing is shady as hell (as they were starting to lose ground to PS3, and headed into the X-mas season).

      • The difference is that Xbox 360 is their hardware and it’s proprietary. You already agreed to their terms of service when you purchased it, but PC is open source. And no it’s only the console that gets banned, XBL subscription still works on an unbanned console.

        While I have to say the timing of this ban is very dubious, I see some logic in this. Everyone knows MW2 is gonna sell like hot cakes. MS just toke advantage of the volume to catch more pirates with new security updates as they wouldn’t caught so many with a game that only sells a few thousand copies. However, their decision to ban flagged consoles on the same day is probably intentional to spike sell.

        • But this IS about M$ effectively DESTROYING THE CONSUMER’S PROPERTY. Hardware is not covered by an EULA, numerous cases have shown this. Did everyone take moron pills and skip the part where it directly stated that Microsoft was, effectively, destroying the consoles? If it was a simple XBLA ban, no one would be pitching a fit. But, Microsoft is DESTROYING BASIC CONSOLE FUNCTIONALITY.

        • ^
          So it is OK for pirates to play bootlegs on XBL while other people actually bought the games with their hard-earned money? Doesn’t seem fair to me. The XBL Terms of Service clearly said that you cannot use a modified console. People failing at reading and comprehension isn’t MS’s fault. And actually only the console is banned from XBL, not your XBL account. So this isn’t even about cheating.

        • Actually, they cannot even ban people from XBox Live because the mods in question COULD NOT BE USED FOR CHEATING!

          That is the bottom line here…. if the mods could be used for cheating, Microsoft would have every right to ban people from Xbox Live or tell them to remove the mod chip before playing on XBox Live……. but that is not the case.

        • False. When you buy a xbox 360, it is yours. I know they may try to make it look like a permanent lease, but various judges have already determined (during the gime of the first xbox) that if it looks like a purchase, and it sounds like a purchase, it is a purchase, despite what the EULA says.

          Once again, LIVE is the property of MS, so they can do what they want there…..

    • This lawsuit is FAIL.
      It’s like one of those cases where a robber gets attacked by a dog while breaking into a house and ends up suing the homeowner.

      “He ‘conveniently’ kept his German shepherd unchained downstairs to coincide with a day when nobody was home.”


      • Wrong. While they do have the right to prevent unwanted users from their service, they do not have the right to commit acts of Digital Sabotage on their customers. (read: bricking the consoles, or disabling non-LIVE functionality) See the Sony rootkit fiasco as well as the PSP and iPhone bricking fiasco.

        • ChaosAngelZero says:

          AFAIK, the Sony rootkit thing would essentially infect your PC when you put in the ORIGINAL disc, not just a pirate copy of that disc.

          PSP and iPhone are alright, as long as they operate under the same “you modify your thing in a way that’s explicitely not allowed in the EULA and we get wind of it, we kick your sorry ass, you eyepatch-wearing, retarded punk” logic.

      • If they did time it to occur just after a lot of people subscribed for a year after a big Xbox live release, then a lawyer could argue that Microsoft took money from subscribers knowing they would ban them within a couple months, netting 10 months of subscriptions without having to provide service.

        If they can show Microsoft knowingly took money when they knew they would not provide the service paid for, they could be found libel.

        Will be hard to prove that without internal MS info, though.

    • Gantz_Playboy says:

      I REALLY want to laugh at Xbox 360 users!- This is a LOVE-Hate thing that defies all logic.

      You’re a Die-Hard Xbox fan and yet you’ve had to buy 3-5 consoles, hacked it’s core, play ‘Modified’ games, Pay $50 just to play others on-line, Everything is harder to do with an Xbox…even Achievements- Yet, you love them still.

      BUY a PS3 Slim already You Douche-Bags!! If NO One bought the Xbox 360 or their games – ALL the ‘Cool’ games would goto Sony- You are effectively PAYING Microsoft $$ to keep enslaving You with their shit!

      PS3 – Buy 1 $299- get online for free. I never has a problem with Sony, Hell my Original PS2 still works like new! You want revenge?? STOP BUYING XBOXes you Nits!!!!

    • No, this is a legitimate case. Everything MS does is for the sake of more money. Take importing, for example. Why is it that mainly Japanese games are region locked? So people will buy Japanese 360s in addition to their American ones. Otherwise they’d sell almost no Japanese 360s.

      This banning issue is no different. They know a lot of these pirates are desperate enough to buy another 360. They wait for the perfect time to ban a bunch of them. This translates to more console sales, more Live subscriptions, and who knows, maybe even more game sales… It’s perfect.

      • “Why is it that mainly Japanese games are region locked? So people will buy Japanese 360s in addition to their American ones. Otherwise they’d sell almost no Japanese 360s.”

        No, it’s because some games (movies, music, etc.) are released by different publishers depending on the country. How would you feel if you didn’t get paid for the work you did?

      • ChaosAngelZero says:

        “No, this is a legitimate case. Everything MS does is for the sake of more money.”
        And that’s bad (or otherwise different from whatever other companies do) because…

        “Take importing, for example. Why is it that mainly Japanese games are region locked? So people will buy Japanese 360s in addition to their American ones. Otherwise they’d sell almost no Japanese 360s.”
        Bullshit. The decision to region-lock games is the publisher’s, not Microsoft’s. See Mushihime-sama Futari, which will be region free once it releases.

        “This banning issue is no different. They know a lot of these pirates are desperate enough to buy another 360. They wait for the perfect time to ban a bunch of them.”
        … So, do not modify your system and therefore nullify the terms of service?

        If you ask me, they’re perfect economic geniuses, and they’ve almost always been, although sometimes at the expense of fair competition (obviously this is not the case now).

        “This translates to more console sales, more Live subscriptions, and who knows, maybe even more game sales… It’s perfect.”
        Lol piracy = “more game sales”, mercilessly baleeted accounts = “more Live subscriptions”

        As if pirates also happened to be some kind of money masochists.

        Try and get your lobotomy refund, Anon, hopefully you haven’t “modded” your brain. Lol.

      • @ japanese games being region locked, and it being against the law (thanks to the DMCA) for you to try to circumvent it: every single Japanese game is, in fact region locked to asia consoles. games from other regions are locked according to however the publisher wants to lock them, of course. (region free, NA only, NA and EU, or very commonly NA and Asia)

        and I don’t have a US 360. Just a japanese one. Yes, this means I have to check before buying a US game to see if it can play.

        • The DMCA is a law that has never, to date, been challenged in a court of law. Once it is, many legal scholars have said that it would be overturned immediately, seeing as how there are LEGITIMATE USAGES for ‘circumventing protections’.

      • Your point in region locking is entirely incorrect. In fact region locking for gaming consoles was somewhat started by Nintendo by modifying their cartridges on the NES/Famicom, although this was easily countered by slight modifications to the casing, either by adding an adapter or cutting up the cartridge themselves.

        The true culprit for the current generation of Region Locking is actually Sony, since the release of PlayStation One. They added region locking to all of their games to “protect regional licenses”, but really it’s just to double their profitability. As soon as the DVD format was released, Sony included the region locking into the new format, now known as Region Code. Sony saw so much profit in this region locking system, they started their anti-piracy warfare further by starting a new company now known as SecuROM. Everyone should be familiar with that company by now, since it limits the number of installations of legitimate games purchased.

        The only reason why the PS3 didn’t include the region locking, is because they wanted to use it as a selling point for this generation against the other two consoles that includes region locking, due to price point at the time.

        • And that thing should actually be illegal. If something is available for a console it should work on ALL CONSOLES, none of this region BS.

          Same thing for DVD’s, region locking should NEVER HAVE BEEN ALLOWED. Thankfully, there are software tools to get around it now.

        • actually that’s as much BS as the original comment about MS forcing people to buy japanese 360s. contrary to your claim region locking has ALWAYS been a publisher side decision, not hardware side (there were PS1 and PS2 games that were not locked). so to blame it on Sony is as ignorant as blaming it on Microsoft.

          contrary to your claim, Sony AND Microsoft simply responded to publisher demands that they do something to ensure the integrity of their releases in each region fearing importing would harm regional markets due to the skewed release schedules.

          region locking does very little to “double” sony or microsoft’s profits. they make their money whether the game is sold in-region or imported from without. the only way they would double anything would be if someone both imports and guys in-region but thats going to be such an insignificant minority thats its not even worth the concern.

          region locking was employed at the request of regional publishers who didn’t want to pick up a project for publishing, say in europe, only to have their profits undercut by people importing the foreign US copy that was released a month earlier.

      • “So people will buy Japanese 360s in addition to their American ones.”

        Not quite true. Most US 360 games work on JP 360 consoles, and the few that don’t have Asian region versions available in English, so really only a JP 360 is needed. Also, the warranty on imported JP 360 consoles is still valid in the US. So import fees aside, there’s really no good reason to buy a US 360 over a JP one (unless you can’t live without the Rock Band games).

      • I’d love to know where you get your numbers from. How do you figure that most of the Japanese XBOX 360 consoles sold go overseas. I am quite sure you are just pulling that out of your ass unless you have some concrete evidence to present for review.
        Also, I’d like for you to explain to me why Microsoft is not entitled to ban people whenever it wants to do so. If they chose to ban people around the holidays, then so be it. Of course everything Microsoft does is for the sake of their shareholders…that’s kind of the point.
        If pirating gamers had thought ahead about the ramifications of modding their console and stealing games, perhaps they wouldn’t have to be so “desperate” to buy another system.
        Lastly, who in their right mind would be desperate for Halo and CoD? lol

        • I don’t know about the other country, but most of the Xbox360 console sell in my country(Thailand) is Japanese XBOX 360. You can buy USA xbox360 only when you tell the seller that you want USA not Japanese.

      • how’s this legitimate? so you do something illegal and you get caught, instead of dealing with the consequences you go and sue because you were doing something illegal and you got caught? its irrelevant when MS decides to do something about it.
        The bottom line is they mod their 360 to play pirated games, and for that they get their system fucked. If you didn’t agree to the “term of use agreement”, you shouldn’t have bought the console in the first place, if you couldn’t afford paying for games, you shouldn’t have bought the console in the first place (A video game system is a commodity not a necessity). You can try to make your case as you were right and MS was wrong but it wont change the fact that you broke the ToU and most likely were doing something that was less than legal (piracy).
        About money… don’t forget MS its a business company, not a service or charity, so of curse they’ll wanna profit. Nothing wrong with that.

        • No modding is NOT cheating….. you are forgetting to READ THE ARTICLES, where it says that these mods CANNOT BE USED FOR CHEATING.

          The only thing they can be used for: playing backed up OR pirated copies of games, not for cheating.

          You and your ilk automatically assume that mod = ability to cheat in an online game… it doesn’t. In fact, I have yet to find a mod that can allow you to cheat in an online game because the servers look for IMPOSSIBLE BEHAVIOR… i.e. getting hit by bullets and they are doing no damage to your character.

          Instaban there! And I don’t have a problem with a ban in that situation.

        • @anon21:41


          Yet, Microsoft shouldn’t have used the lame excuse of pirates on the bay to ban the modded consoles.

          In fact, they should have only mentioned modders.

          THIS, would have spared Microsoft a needless lawsuit against them.

          Don’t get me wrong, I pity those who have gotten banned. But if any of you have played games like Left4Dead, you will know that activating of “sv_cheats 1”, you will not get any form of achievements.

          To simplify, you won’t get anything good out from cheating.

          Yes, modding is cheating.

          Hell, I have a modded PS1 and I don’t use it no more. Modded consoles disgust me.

        • By the way. Modifying the console is in violation of the terms you agreed to. Doesn’t matter why you modify it, the act of modifying it alone is in breach of the contract you accepted.

          Microsoft can do whatever the hell they want.

        • Backups? What a lame excuse!

          In the old days of 1,44 mb floppy discs, maybe yes, cause they were susceptible to failure.

          But how exactly do you destroy your game cd/dvd/bluray when you store them savely either in their cases or the console?

          And most companies will provide you with an exchange when you send them the “broken” disc and sometimes even provide you with some demos along as they value their “honest” customers.

      • Wrong in your assumption about region locking. You think everyone in the western world wants to buy some region only games. It makes for a very small market if at all. You man think modding your console to play import only to be good but really how many people can honestly say that they buy their software if it’s their region even with a modded console? Not much.

      • Anon, please point out for me which part of your post of what Microsoft has done is illegal.

        You make it sound like Microsoft wanting to maximise profits is a silly thing.. They’re a COMPANY. Their purpose is to MAKE MONEY. If they can do so legally, props to them.

        No matter how butthurt you might be, “they are making more money than I want them to” is a not a legitimate lawsuit.

        …okay, maybe in America.

        • Yes you can do anything on the hardware side, but not the software. They didn’t sell you the software, they LICENSE the software for you to use, so no modding.

          In case you didn’t get it yet, modifying XBOX involve rewriting the DVD firmware and firmware=software

        • It really depends on the EULA of Xbox Live or the EULA on the Xbox itself. Being banned for breaking the EULA of Live does not give them the legal right to go and brick a HDD as well.

          It’s like saying that a car manufacter has the legal right to brick your engine whenever you break the speed limit. Yes it’s illegal to break the speed limit, but the PERSON is convicted and punished and not the car itself.

        • Anon, a lot of that post is very true, but MS *did* say in the EULA that you’re not allowed to mod the console. So breaking that rule is breaking the EULA and I’m confident (but not 100% sure) that this means legally Microsoft can brick your HDD. I’m sure their legal team knows what it’s doing.

        • W00T!! thank you!!
          My policy is to always use the best OS for the job:
          Mac for Graphics
          linux for servers
          and Windows for catching Viruses
          (Windows used to have the best Solitare but linux upgraded theirs)

        • Yes, they’re a company. Yes, they want to maximize profits. But seriously. If Microsoft doesn’t explicitly inform its users that they will apply the ban to owners of modified consoles, then it’s Microsoft who’s at fault.

          So yes, this is like cheating on the cheaters, which at first doesn’t look really evil.

          However, if Microsoft does this delayed ban, they have no moral authority to claim to be “the good guys”. The error here is saying that All modded owners are pirates, and that all pirates did not purchase ANY of the games. Also, saying “they knew what was coming to them” is effectively blaming the victim. It’s like saying “hey, there’s thiefs in this town! Let’s burn it!”

          Lawsuit aside, this is the very reason why I don’t trust “live” subscriptions and having consoles which report all usage. If I bought it, I have the right to do whatever the fuck I want with it. It’s MINE. Microsoft has no right to disable something that I bought with MY money. If Microsoft (for whatever reason, whether legitimate or illegitimate) bricks a product that _I_ bought, I want my money back. Otherwise it’s not a real purchase, but a disguised RENT. Ever heard of first sale doctrine?

          By reading this, I really, really thank God that my PC never got bricked when there was a problem with my Windows being flagged as “pirated”. But it really upset me that even when I purchased a legitimate copy of Microsoft Windows, Microsoft didn’t give a damn when I modded MY OWN FUCKING PC (and triggered the 3-strikes ‘hardware changed’ flag). The REAL thief in this case is none other than Microsoft, and with this story, it’s crystal clear that they NEVER plan to stop stealing money from their own customers. It’s for this reason that I never bought a 360, and NEVER WILL. Oh – just in case you wonder, I wiped my Windows, threw the CD to the garbage, and installed Linux.

        • Love the economic reference, and I completely agree.

          In any case, just because Microsoft can be shady (like any ANY company can be <_<)or even illegal doesn't make pirating anymore legal. If Microsoft is performing illegal actions, then it shouldn't be dealt with as 'retaliation' by those being punished and banned. That's just butt hurt whiny bitch syndrome, not actually caring about Microsoft's practices lol

          I bet half, if not all of, the people that file lawsuit after being banned here would've never given a shit about Microsoft's shady marketing had they still gotten their fix of Halo and whatnot…..

        • Exactly. Why the hell do I have to pay for games if some stupid modder can get them for free and get the same privileges as me?
          If everyone could rip the system without consequences, then we’d be in a depression a long time ago, never to come out of it.

      • But regardless Microsoft can just cancel the case by unblocking and blocks that goes against privacy agreement, however live is a part of it, they won’t be able to connect to live, play the hack games, or renew subscriptions, so what’s the point?

        • with all of that fu**, i’m not able to play again my legit copy of FO3 with DMC(legit too..), because of what? One those son a bi*** from M$ think that it would have been a nice idea to unable installation of anything on the HDD? yeah fu*’em! I do burn game yeah, but it’s merrely for testing games, if it’s good, i’ll buy it asap, if it’s shit, then i would’nt have been fu**** up…. example: I’ve burn TES4, i very good game, i’ve played it numerous time and still playing it(new chara, different way to solve quest, etc…), i buy it. Now a game like Terminator Salvation, a cheap copy of AoT, this game was crap, i hadn’t buy it, why? Because i support those who make great games, but i aint give a fu****’ buck for anyone who make such a game, for me, that’s a good way of piracy…

        • Anonymous, 20:15 22/11/2009:

          I believe some stores sell Xboxs pre-modded. Imagine this:

          Little Timmy is 9 years old and wants to play Left4Dead2, but doesn’t yet have an Xbox360. He asks for one for Christmas, so that he can.

          His cumslut of a mother works her arse off on the streets for the next 3 months, barely getting enough. One of her customers is dragged away b y the fuzz, so he didn’t even pay her.

          Christmas comes and Timmy’s old woman gets home with an Xbox360 she bought from the shop up the road.

          Timmy tells the bitch the get back to the kitchen and make him a sammich, then get back on the streets so he can buy Left4Dead2.

          6 months later Timmy has an Xbox360, Left4Dead and an xbox live subscription… but all is not well; That shit of a hooker bought Timmy a chipped Xbox and, within days of getting it set up, Timmy is forcibly ejected from Live.

          Don’t you feel sorry for Timmy? Don’t you think he deserves the best for all the trouble he went to making his mother buy the xbox and stuff? Don’t you think it unjust?

        • You would be surprised there are people who indeed complain about the ban but they buy another console right away (an Arcade edition usually).

          The truth is, Microsoft does this every year near X-mas, of course is timed, the first ban proved there are freaks willing to buy another console even after being “backstabbed”.

          IDK, the only games I would like to play online are FPS, but since there is no real support for mouse and keyboard it will be just Halo 3 and ODST in campaign if I ever get my hands on a 360, and, since I can’t buy a Japanese copy of IdolM@ster and Dram Club, I will download them first and try to get the legit copies later.

          You know, it might be considered piracy, but there are some people that go “hybrid” downloading and burning to test (demos are unreliable sometimes), and save for the really good legit games.

        • So… Timmy is 9 year old, and want to play left for dead 2. Which he’s not old enough to play anyway. His mother is an illegal prostitute that most likely doesn’t pay any taxes whatsoever. Not to mention Timmy acts like his mother’s pimp.

          Poor Timmy?
          – As if…

        • just to ask what percentage of people use a credit card for the live subscription as opposed to the cards you get in shops

          Microsoft have you name and address and with achievements an well as the rest of the stuff the 360 logs they know what your playing/pirating

          these people are lucky the MS only wanted to stop them and make some get a new 360.

        • “Microsoft are greedy” does not a legitimage case make. So what if they timed their bans to get more money? There is nothing illegal about that. It could also be argued, from a moral standpoint, that this is to claim BACK the money lost through piracy.

          I have nothing against people who pirate games. It isn’t me they are ripping off and let’s face it the problem is not so widespread it is ruining the games industry. But I also have nothing against companies who punish them for it.

          If you play the game, you might lose. My advice to those involved in this lawsuit: deal with it and stop whining.