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Discussion Banning lawsuit Nothing to Do with flashed Drives

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inloxicater

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EclipseModz said:
CodeJunkies already released a update for there cards that bypass it.\
Thats cool but still its illegal on microsofts part.
 
doodlebro

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@ intoxilater

You don't have a damn clue what you are talking about. It breaks the Xbox Live Terms of service when you flash your drive. When you signed up for xbox live you agreed that M$ can terminate your subscription whenever they please. They don't even need a reason.

Now lets be honest here. Who ONLY uses a flashed 360 JUST to play backups of games they own. C'mon, we're all cheap and we don't wanna pay for our games. We use it for piracy.

They corrupt the saves on a banned console so that you can't get achievements on games you own.

I bet this was all probably said by someone... I'm too lazy to quote everything.

Seriously though, get your facts straight before you come onto a forum with people who know what they are actually talking about.
 
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doodlebro said:
@ intoxilater

You don't have a damn clue what you are talking about. It breaks the Xbox Live Terms of service when you flash your drive. When you signed up for xbox live you agreed that M$ can terminate your subscription whenever they please. They don't even need a reason.

Now lets be honest here. Who ONLY uses a flashed 360 JUST to play backups of games they own. C'mon, we're all cheap and we don't wanna pay for our games. We use it for piracy.

They corrupt the saves on a banned console so that you can't get achievements on games you own.

I bet this was all probably said by someone... I'm too lazy to quote everything.

Seriously though, get your facts straight before you come onto a forum with people who know what they are actually talking about.
Already said and wasn't talking about the banning in the above post talking about the the last update that blocked external memory devices. Saying that was illegal mayb you should read before you comment lol. Plus people get banned for no reason and did nothing wrong. Nothing illegal and most likely anyone could sue them for it. Some people get banned withou knowing there drive was flashed even when they buy a new one bc someone gut swapped it.
 
D3xter

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This has everything to do with flashed drives. If you modify your xbox, they can do whatever they want to your xbox and accessories for it as well. What is the point of this thread? We should all know this by now.
 
UnknowingAcorn

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ive taken a AP Law, (Canadian but a lot of the laws are similar with the U.S. in terms of copyright etc). and bottom line is, yes it is your property. no you can not use 3rd party equipment. No it is not a monopoly, Monopolies only apply on a much larger scale. Like gas company's all rigging the prices up high. Does not apply here.

The only valid point i see you made was about microsoft obtaining information about the xbox. But again in the ToS you signed with microsoft for xbl. microsoft has the right to ban you without just cause. they own xbox live, they can do what they want.

bottom line. MS > anyone with rookie law knowlege :smile:
 
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1) when it comes to piracy in the DMA, it a current rule that any modification done to gaming consoles wif the possibility to play back ups are illegal. It is also illegal to make backups because, even on the disc, it states "do not make illegal copies of this disc" and "unauthorized copying... is strictly prohibited." It's not just about the disc, intent is a big part of legality.

2) A contract is a contract, you cannot go against the contract. To play this system, you agree to the terms of use, the only time a contract is void is when something in it is unconstitutional. Relating to modding, everything they state is constitutional.

3) To play on Xbox Live, you have to agree by the ToS and CoC, both of which state, if you want to play Live, no modding... not quote for quote, but what it says, no modification is allowed

4) Microsoft (in any legal document via Xbox) states they reserve the right to take away service wif or wifout reason.

5) Copyright is the owner of the software that is being played. It is actually illegal to even copy it wifout their permission.

6) You can still use your profile by 1) modding it or 2) recovering it
 
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inloxicater

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UnknowingAcorn said:
ive taken a AP Law, (Canadian but a lot of the laws are similar with the U.S. in terms of copyright etc). and bottom line is, yes it is your property. no you can not use 3rd party equipment. No it is not a monopoly, Monopolies only apply on a much larger scale. Like gas company's all rigging the prices up high. Does not apply here.

The only valid point i see you made was about microsoft obtaining information about the xbox. But again in the ToS you signed with microsoft for xbl. microsoft has the right to ban you without just cause. they own xbox live, they can do what they want.

bottom line. MS > anyone with rookie law knowlege :smile:
According to dictionary.com monopoly means": exclusive control of a particular market that is marked by the power to control prices and exclude competition and that esp. is developed willfully rather than as the result of superior products or skill see also [SIZE=-1]ANTITRUST[/SIZE] Sherman Antitrust Act in the [SIZE=-1]IMPORTANT LAWS[/SIZE] section"
So they are exlcuding there competition which is a monopoly.
 
D3xter

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Even if they were a monopoly, big deal. What would you do about it? Nothing. So why are you still arguing?
 
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Its discussion not argument nothing I would do but its a point big companys do it all the time and don't get in trouble with it shows you how the US gov't does nothing about it. Microsoft did it last year and will probably do it again next year.
 
Haxalot88

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EclipseModz said:
Once you agree to the terms of service it is a contract between you and MS.

If you break a contracT in real life you would get your *** sued fast. The consequences from breaking the xbox live contract are simple. You are banned, your 360 is crippled for game installs, media center, and keyvault blacklisting.

It's not a contract. That sir, is called a license.
 
doodlebro

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UnknowingAcorn said:
ive taken a AP Law, (Canadian but a lot of the laws are similar with the U.S. in terms of copyright etc). and bottom line is, yes it is your property. no you can not use 3rd party equipment. No it is not a monopoly, Monopolies only apply on a much larger scale. Like gas company's all rigging the prices up high. Does not apply here.

Umm... That's an oligopoly.

an example of a monopoly would be the local utilities provider. For me it's colorado springs utilities... They provide all the gas, power, etc. for our whole city (don't stalk me plz kthx)

Microsoft isn't creating a monopoly. If you don't like it you can go out and get a wii, or a Playstation 3. They have competition. And they have every damn right to restrict users from using 3rd party stuff. Why? because with that they can modify saves or profiles for achievement hacking, etc... CHEATJUNKIES. OH HAI. It's simple economics and keeping their service free of hackers.

inloxicater said:
Already said and wasn't talking about the banning in the above post talking about the the last update that blocked external memory devices. Saying that was illegal mayb you should read before you comment lol. Plus people get banned for no reason and did nothing wrong. Nothing illegal and most likely anyone could sue them for it. Some people get banned withou knowing there drive was flashed even when they buy a new one bc someone gut swapped it.

No body can sue microsoft for it. Check this out

Xbox Live Terms of Service said:
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.

Let me translate this for you, your english doesn't seem like it is very refined.

You cannot modify any part of the hardware or software, AND microsoft is allowed to send anything (data, applications) to the xbox for the use of detecting modifications.

And this:

Xbox Live Terms of Service said:
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.

Translation: They can terminate service regardless of whether you did something wrong or not. They own it. They make the rules. and when ANYONE signs up for live, they agree to these terms.

Your argument doesn't stand here.

Edit: 100th Post :biggrin:
 
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CLK Rebellion said:
Microsoft can ban you for anything. Banning you is banning your keyvault. Banning your keyvault corrupts saves. If you sign an agreement for Xbox LIVE, then they have every right to know who is using their service and how.

/thread
/ i JUST said that
 
ChalkyBarracuda

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You know it's cheaper to buy a new xbox then to sue M$ and loose
 
decima7e

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1. nobody is ever going to sue microsoft.

2. It is not illegal to terminate your service with xbox live if you break the terms of service (or even if you dont) Maybe it's unethical, and I understand why you and a lot of other people are upset but if it's just unethical but not illegal then they cant get sued.

3. observe what chalky barracuda said
 
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doodlebro said:
Umm... That's an oligopoly.

an example of a monopoly would be the local utilities provider. For me it's colorado springs utilities... They provide all the gas, power, etc. for our whole city (don't stalk me plz kthx)

Microsoft isn't creating a monopoly. If you don't like it you can go out and get a wii, or a Playstation 3. They have competition. And they have every damn right to restrict users from using 3rd party stuff. Why? because with that they can modify saves or profiles for achievement hacking, etc... CHEATJUNKIES. OH HAI. It's simple economics and keeping their service free of hackers.



No body can sue microsoft for it. Check this out



Let me translate this for you, your english doesn't seem like it is very refined.

You cannot modify any part of the hardware or software, AND microsoft is allowed to send anything (data, applications) to the xbox for the use of detecting modifications.

And this:



Translation: They can terminate service regardless of whether you did something wrong or not. They own it. They make the rules. and when ANYONE signs up for live, they agree to these terms.

Your argument doesn't stand here.

Edit: 100th Post :biggrin:
Read the thread people have already mentioned that and guese what it is a monopoloy because more companies make hard drives than codejunkies use common sense you act like microsoft makes the only hard drive there not your wrong. Many other companies make hard drives and some especiallty for the 360. Still they can't stop anything with gamesaving so really its there own fault. Plus it doesn't matter it interferes with the comsumer buys right the freedom of choice and that why they passed a law on it so if it interferes with it is considered illegal here in the U.S.
 
SiK GambleR

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What you don't realize, they didn't do anything. And they aren't monopolizing anything.
A. They banned you and did the corruption thing, yes. But if you read their TOS it says (essentially) that they can do whatever means necessary from pirating games and using the pirated/hacked data.
B. Codejunkies for example were giving the unlock codes for their memory cards, and anyway, microsoft can do whatever they want because it isn't a monopoly. 9/10 of their games aren't made in house, they license other companies factories in china to make their hardware and are in the console usiness, also look @ headset and controller sales, etc ... faceplates, everything ms doesnt cannibalize.
 
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Of course they don't make everything most of everything is made in china of course i know not every company is like codejunkies. Microsoft is international but there other companies besides microsoft and code junkies that make things memory wise for the xbox 360. idc anymore im glad someones taking a stand on it. http://www.abingtonlaw.com/Xbox-Live-class-action.html
Ik im right and most the stuff is mentioned in there like what the person said earlier its a license not a contract I didn't phsically sign it. So they have the right to ban me from the service but not blaclist gamesaves so i cant play on another xbox.
 
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Well xbox live is a service they provide that you pay for.
So if you don't pay for xbox live and DON'T Agree to there contract you can sue if you some how get banned. Other than that if your banned you must have broken the Code Of Conduct. Its fair.

Unfortunately its Retarded
 
Pieceman

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inloxicater said:
Not actually contract doesn't mean anything and as it says there are flaws still in the contract. Any contract has flaws and easy to get around in court thats why a good lawyer can easily sue on the issue. I kinow alot about law because I been in a law firm for about half my life and consulted with many attorneys.
Go ahead big guy, find some flaws in microsoft's contract and hire more expensive lawyers than they already have...
 
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