Angry Xbox Modders Join Together in Class Action Lawsuit

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IshbuDigital

Do I really wanna go up against a kid with a Modded anything on Xbox live?  Shit half of the game players on COD MW2 are under the age of 17 and have nothing to do but play all day.  I can barely beat those kids, but to add onto this that fact that they are modding I will never win.  I work so Xbox is not my life but a hobby.  Don't take it away from me because some 13yr old asked his mom for a modded controller and a modd chip to advance him thru the rankings to obtain all the guns and gadgets mean while i only play 3 hours a day and it takes me 45 days to do.  Give the kid a Modded lawnmower send him out to mow the grass!

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IshbuDigital

Do I really wanna go up against a kid with a Modded anything on Xbox live?  Shit half of the game players on COD MW2 are under the age of 17 and have nothing to do but play all day.  I can barely beat those kids, but to add onto this that fact that they are modding I will never win.  I work so Xbox is not my life but a hobby.  Don't take it away from me because some 13yr old asked his mom for a modded controller and a modd chip to advance him thru the rankings to obtain all the guns and gadgets mean while i only play 3 hours a day and it takes me 45 days to do.  Give the kid a Modded lawnmower send him out to mow the grass!

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JohnP

 Heh. Anyone hear "Dang, bro! My modded console lets me play copied games and cheat online. Microsoft does not do a damn thing about it. This is unacceptable!"  You had a good run and you KNEW the possible consequences of a modded console. Hell, you even paid money to mod the box so its not like "WTF just happened? I can suddenly play backup disks.". MS found a way to ban you? Live with it.

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Deadpool1620

it is not ilegal to make backups of your games.How easy would it be for microsoft to brick an xbox 360.they would if they could thats were that pesky lil law comes in about making backups.But what they got ppl who modded there systems on is the xbox 360  live SUBSCRIPTION.thats right you dont own xbox live they do your only subscribing to it.the ppl who got banned can still play there 360 just not on microsofts SUBSCRIPTION network.thats why they would ultimatly lose.1 simple question thats going to be asked and have the case thrown out is "can you still play games on the system that you OWN".the answer is yes.bye bye modders have a nice day.Becouse you own the console you can do whatever to it mod it to your hearts content you dont own the xbox live you subscribe to it so therefore can be taken away for any or no reason whatsoever.

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anthroplop

Taken straight out of the Xbox Live Terms of Use: 

We may change the Service or delete or discontinue features, games, or other content at any time and for any reason (or no reason). We may cancel or suspend your Service at any time.  Our cancellation or suspension may be without cause and without notice.  Upon Service cancellation, your right to use the Service stops right away.  Once the Service is cancelled or suspended, any data you have stored on the Service may not be retrieved later.  Our cancellation of the Service will not alter your obligation to pay all charges made to your billing account.  If we cancel the Service in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payment that you have made corresponding to the portion of your Service remaining at the time ofcancellation.

 Interpret that as you will, but to me it seems like:

1. Microsoft can cancel your subscription at any time, with OR without reason.

2. Microsoft explicitly states it will reimburse you should your subscription have been cancelled without reason, but it makes no claims that it will reimburse you should your subscription be cancelled with an actual reason.

Well, seeing as the first line states that this is a contract between you & Microsoft, & you agreed to it, I'd assume you modders are f*cked.  That's just me, though.

 

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Mr.Pooney

Now where wave we heard that before!

 A computer compagine that want to stop you from changeing the way theire products work

and will go as far as "bricking" your gadget.

First Microsoft copys the Mac Os with Win 7.

Then they say that home system builders can buy OEM just to save a few $$$

Now! There Screwing with the one of the most brand loyal market. Gamers!

Howmany ppl are gonna switch to ps3 now? Or PLEASE!!! Come Back To The PC!!!!!

Im off Subject!

Microsoft is coping Apple so much now there even acting like them now!

Your are soooooo lucky you got a monopoly Microsoft!!!!

I've taken alot of crap from you over the years! I'm bord of you!!

P.S! illigaly pirating media is bad! buy music! buy games! Go to concerts! See A movie! It gives you a reason to be outside!

 

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Black Lable 69

I'm overjoyed, serves them right "Modders" & whether or not Microsoft timed it to pocket more money or not. & as well as we all know Microsoft, who would be stupid enough to do that anyway & think you'll come out clean? As far as them getting their subscription money back, their lucky their not getting sued in return. & I'm tired of people trying to treat GCs as a PC, besides modding the PC sector has always been overloaded with hackers & cheaters. That's one of the reasons I stop playing games on the PC for the most part a long time ago. If it started going mainstream on GCs then I'd have to switch to a portable & if it moved to that then I guess I wouldn't play games anymore then.

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Trooper_One

It's in the terms of agreement for WindowsLive that users do not login with a modded box.  This is a private contract and if you don't want to abide by, then don't use it.  If you want to login and play, then follow the terms.  It's very simple.

 Besides, this was developed by Microsoft, and they have a right to control it as they see fit.  Again, don't like it?  Don't use it.

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compro01

While the bans may be legally valid, I am reasonably sure that keeping the subscription money after banning is not.  They should be required to pay back the subscription fee, prorated to the remaining subscription term.

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Ntldr

If they keep the money if they banned you for no reason you would be right.  But if they have a reason say modding your box to cheat or play games you don't really own then yeah you screwed up and they have it in there clear as day that you won't get your money back. 

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compro01

i hate it when my posts duplicate

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MeTo

Then only click once on post comment button and wait for it to post. Every time you click on post comment it will post even when you think it doesn't.

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foamcup

Violate TOS, get banned.  Seems pretty simple.

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LordPyro

I don't care when they ban a person who has modded a console or pirated a game, they broke the rules, and pay for it.

There argument is the same as if someone bought a 360 and modded in the first day and pirated a bunch of games but did not get banned for a year, and they claimed microsoft did not ban them because they wanted subscription money.

I hope this goes no were, and I doubte many people have the finatial backing Microsoft does to keep a lawsuite going

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Athlonite

1 million user x 20 bucks each for legal costs I'd say they can keep it going for a fair while don't you

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knexkid

I can mod my PC, tweak it to my heart's desire, open it up, take it appart, put it back together, fix it myself, overclock it, destroy it, install what I want.....and I NEVER have to worry about being banned from playing my games.

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burntham77

One of the many reasons I stick mainly to PC gaming. I have to side with MS on this one. 

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Blaze589

How exactly did MS find out that some users have modded systems?

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jcollins

Could be any number of ways.  My guess is that they have some sort of check in the software that does a unique hash check of a big chunk of the components (similar to their Windows Activation process), and sends it back to Microsoft.  They check that against the valid checks and kick it out if it looks different.  They probably also have a way of checking the applications running to see if there are any known

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Plutoxin

This time around I believe they were checking the timing of the DVD-ROM's disc check as modified firmware would run the disc check quicker than a legit drive. Can't remember how much the difference is but it was in milliseconds.

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chronium

don't forget about the people who put in a 3rd party hard drive themselves instead of using microsofts stock overpriced upgrades.

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Wildebeast

Damn right!

 Why would you want to pay MS $100 or more, for a drive thats $25 or less -on eBay?  Especially if you happen to already have a bricked or broken console --with a good drive-- on hand.

 I have not specifically heard/read of just cloning or re-writing the optical drive key, resulting in a Ban however.  (I haven't really been looking for those stories, either.)

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nekollx

 Mod = Pirate

Torrent = Pirate

(and for MS)

Firefox = Pirate 

 

That last one was a joke.

------------------------------
Coming soon to Lulu.com --Tokusatsu Heroes--
Five teenagers, one alien ghost, a robot, and the fate of the world.

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Razor86

I am fairly sure these guys don't have a legal leg to stand on.  Modding the console is a breach of EULA for xbox live.  It doesn't matter why you modded it, microsoft views it as a violation which could potentially inhibit other's live experience a number of ways.  So basically, you agreed not to mod your console, but you did it anyway, and now you got screwed.  I think it sucks for the owners of those consoles, but I can understand microsoft's reasoning.

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nekollx

 Legally the EULA is not a defense if th violator makes no money off it. See

Jailbroken iPhones and Hackitosh.

Legally you can't sue someone for breaking the EULA

but it does void support, and most corps see it as a opening for pirates

------------------------------
Coming soon to Lulu.com --Tokusatsu Heroes--
Five teenagers, one alien ghost, a robot, and the fate of the world.

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Ntldr

If you look at it closer you will see that if you mod it even if you do not intend to sell the xbox it is still against the terms because it is still usable for pirating things.  It doesn't matter if you sell or don't pirate, if you give the appearance of it you will get nailed for it. 

 

Microsoft isn't sueing them for breaking the EULA they are being sued for banning people which in the EULA they reserve the right to ban you for modding it.  The EULA is a defense because they say you can be banned for doing those things therefore you have been warned and if you do it and they ban you it is your own fault.  

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nekollx

 so i can only speak in general term. Violating the EULA may be front on but you can't take action without it expressily worded in the agreement. Most EULA just say"voids supports" or some such if "loss of service" isEXPRESSLY mentioned though....the key it it has to be EXPRESSLY worded in the EULA. But modding in general is not ilegal

------------------------------
Coming soon to Lulu.com --Tokusatsu Heroes--
Five teenagers, one alien ghost, a robot, and the fate of the world.

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Athlonite

The Service may only be accessed with an Authorized Device or by logging into your account via Xbox.com. 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.

Is this expressly enough for you

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Paul_Lilly

For anyone interested, here's the Terms of Use contract for Xbox Live:

http://www.xbox.com/en-US/legal/LiveTOU.htm

-Paul Lilly

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