Sounds to me like AbingtonIP wants to make some quick cash and make a name for themselves, via troll & asshat tactics. I can only hope that the judge laughs while he gives them all a kick in the ass. Once you have modded your console and go online, you have violated the Xbox Live TOS & EULA. That's just like throwing pouring water over your toaster when the manual says not to get it wet, then you turn around and sue the company for your toaster breaking.
@d_r_e: And THAT is exactly what it boils down to! The EULA is not a legal agreement - nor does it need to be. It's a warning, a warning about what they can do to you. It reads, more or less, as such:
"Ye be warned. If you fuck with us, we will kick you the fuck off."
They're suing for all of the people who did nothing wrong and still got banned (Like my sister, for instance, who was banned for no fucking reason, she doesn't even play online, so it couldn't have been for racism or some other bullshit)
Next time read the whole thing before making yourself look like a total imbecile.
Then this is the last time we'll be seeing you aroud Kotaku, isn't it? Because if you've truly got an infalliable case here, if your sister has a purchased brand new xbox that has absolutely zero evidence of tampering on the inside and outside and truly received the same sort of ban the pirates did, you guys are about to be rolling in cash. In fact, why would you get all angry at dre? You don't need a class action lawsuit, you've got a fucking 100 percent solid case with a new xbox, absolutely no tampering in or out, and a permanent system ban.
That is, unless, you're full of it, or are about to come back here with 'wellll... it wasn't new....' or 'maybe a friend did it?' or 'oh wait, i meant a gamertag ban because she was cheating or too many people complained about her use of the word nigger'.
There's always that game. That comes out of nowhere. You have to find out about it yourself. When you're at the store staring at it. WTF is this game? How come no one announced it? It must be bad.
Just gimme a nice new Carnivores game already. I don't need spaceships or zombies or aliens or a story. Give me a gun, put me in a place with dinosaurs, and let me hunt them.
That's all I want! ...Maybe that's what this is. Will be downloading.
I lost three people off my friends list a few days before MW2 came out. I mean 'lost' as in, they hadn't been online in about 3 daysish, which was unusal.
Got a message from one, whom I didn't know had a modded console 'MTAF: Console banned, dunno when I'll be back'. One of my friends who I KNEW had a modded console also wasn't one of the ones online. I kinda figured out what happened when Microsoft went all 'We just banned a million people'.
I have absolutely zero sympathy for you guys. You could have not been retards and NOT been playing your games online, and just left your modded system permanently without an ethernet cable in it.
But no. You chose to take your modified system onto Microsofts service, because you are dumb. So very, very dumb. I'm even willing to sidestep calling you dumb for having a modded system, but you are dumb for going online with it.
Microsoft was gracious enough to even let you keep your precious gamertags with your precious pirated game achievements.
I'm also guffawing at the amount of people that existed on Kotaku right before the mass bannings that went 'as long as I never play prerelease games, I'll never get caught'. Same thing my buddy said, whelp, they caught him. And 999,999 others.
Seriously, a console modder is one thing. I've got an unethical DS and PS2 sitting right here.
A console modder who thinks he deserves services (even if he paid for them) from the company who expressly told him to stay the fuck out if they have a modded console, and then cries when he gets kicked out permanently, is a complete fucktard.
@Komrade Kayce: Exactly. The reason I don't mod my 360 is my brother plays online and I know that doesn't work together. Its just like someone pirating a mmorpg and wondering why he can't play online. 360 games don't have individual product keys but that doesn't mean you should expect the ability to go online with a pirated game any more than you would on PC.
@Komrade Kayce: while i appreciate your point of view, the fact is also that MS did much more than cut their banned consoles off from live.
they also crippled hdd installs, and corrupted the profiles and game saves on whatever storage unit was attached at the time. meaning that a user who decides to go legit will lose all progress in all games they've played. a GT can always be recovered, but to lose all your gamesaves is a low blow.
not to mention the loss of extender abilities. luckily, tversity still works.
Maybe you shouldn't have been playing pirated games that created those gamesaves?
And the ability to install to the HDD didn't even exist before. Its a Microsoft software upgrade (NXE) that allows that). They disabled what they gave you for free, tough noogies.
Maybe, just maybe, you shouldn't have hooked your xbox up to xbox live? Because then none of this would have happened to your modded box, since it would have been none of Microsofts business, as you've already paid for it and you are staying clear of any other services offered (which all come with the strings attached of 'no modded console if you want this').
Why are people not understanding that they lost all rights to fair treatment once they flaunted their ill gotten gains in the face of Microsoft by demanding their continued support and service.
@Komrade Kayce: so my 30 legitimate games suffer as well, then? also my dozen or so xbla games?
you're making the assumption that because my console is modded, i don't pay for anything.
NXE feature or no, hdd installs have nothing to do with the the Live ToS. especially when you consider that games will install these updates for you, or you can download and install them yourself directly from MS.
game save corruption is simply uncalled for as well. the console was banned, not my hard drive. i mean, why did they stop there? why don't they just make my controllers not work on other consoles as well?
i'm fine with being cut off from live, but anything beyond that is overkill.
i also find your firm stance on Live and modding interesting. it's mostly the anger that interests me.
I also enjoy your condescending tone. I don't think I deserved it.
Microsoft has every right to ban you from their private network, and despite assertions to the contrary they are not disabling your hardware - the console still works but can't access Live, and the hard drive still works and can be moved to another system if you want to regain the ability to play games installed to disc.
The only possible way this might gain traction is if they can somehow prove that people who were banned had nothing to do with piracy, but I have a feeling that's going to be more of a he said/Microsoft said argument. The simple fact of the matter is that I don't know anyone who was banned who wasn't pirating games. I'm sure that mistakes were made, just like with Windows Genuine Advantage, but how do you prove to Microsoft that you weren't pirating games?
@spiderweb1986: Proving that they weren't using it for piracy would mean nothing anyway. The TOS prohibits modding, period. Doesn't matter what you modded it for.
12:13 PM
12:06 PM
12:19 PM
"Ye be warned. If you fuck with us, we will kick you the fuck off."
12:48 PM
Nice job reading the post.
They're suing for all of the people who did nothing wrong and still got banned (Like my sister, for instance, who was banned for no fucking reason, she doesn't even play online, so it couldn't have been for racism or some other bullshit)
Next time read the whole thing before making yourself look like a total imbecile.
01:09 PM
Then this is the last time we'll be seeing you aroud Kotaku, isn't it? Because if you've truly got an infalliable case here, if your sister has a purchased brand new xbox that has absolutely zero evidence of tampering on the inside and outside and truly received the same sort of ban the pirates did, you guys are about to be rolling in cash. In fact, why would you get all angry at dre? You don't need a class action lawsuit, you've got a fucking 100 percent solid case with a new xbox, absolutely no tampering in or out, and a permanent system ban.
That is, unless, you're full of it, or are about to come back here with 'wellll... it wasn't new....' or 'maybe a friend did it?' or 'oh wait, i meant a gamertag ban because she was cheating or too many people complained about her use of the word nigger'.
12:06 PM
11:36 AM
11:27 AM
01:20 PM
Punched A Horse - 100G
11:15 AM
That's all I want! ...Maybe that's what this is. Will be downloading.
11:15 AM
11:14 AM
...Why haven't they made that yet?
10:55 AM
Sounds like it might be worth a shot, but the youtube gameplay videos have done a little convincing in the opposite direction for me.
10:50 AM
01:22 PM
zoh muh guh wuh tuh fuh bah buh que how can you not know that
10:38 AM
Got a message from one, whom I didn't know had a modded console 'MTAF: Console banned, dunno when I'll be back'. One of my friends who I KNEW had a modded console also wasn't one of the ones online. I kinda figured out what happened when Microsoft went all 'We just banned a million people'.
I have absolutely zero sympathy for you guys. You could have not been retards and NOT been playing your games online, and just left your modded system permanently without an ethernet cable in it.
But no. You chose to take your modified system onto Microsofts service, because you are dumb. So very, very dumb. I'm even willing to sidestep calling you dumb for having a modded system, but you are dumb for going online with it.
Microsoft was gracious enough to even let you keep your precious gamertags with your precious pirated game achievements.
I'm also guffawing at the amount of people that existed on Kotaku right before the mass bannings that went 'as long as I never play prerelease games, I'll never get caught'. Same thing my buddy said, whelp, they caught him. And 999,999 others.
Seriously, a console modder is one thing. I've got an unethical DS and PS2 sitting right here.
A console modder who thinks he deserves services (even if he paid for them) from the company who expressly told him to stay the fuck out if they have a modded console, and then cries when he gets kicked out permanently, is a complete fucktard.
10:45 AM
10:48 AM
Well put.
10:57 AM
11:40 AM
they also crippled hdd installs, and corrupted the profiles and game saves on whatever storage unit was attached at the time. meaning that a user who decides to go legit will lose all progress in all games they've played. a GT can always be recovered, but to lose all your gamesaves is a low blow.
not to mention the loss of extender abilities. luckily, tversity still works.
11:47 AM
Maybe you shouldn't have been playing pirated games that created those gamesaves?
And the ability to install to the HDD didn't even exist before. Its a Microsoft software upgrade (NXE) that allows that). They disabled what they gave you for free, tough noogies.
Maybe, just maybe, you shouldn't have hooked your xbox up to xbox live? Because then none of this would have happened to your modded box, since it would have been none of Microsofts business, as you've already paid for it and you are staying clear of any other services offered (which all come with the strings attached of 'no modded console if you want this').
Why are people not understanding that they lost all rights to fair treatment once they flaunted their ill gotten gains in the face of Microsoft by demanding their continued support and service.
12:14 PM
Well said my man!!!!
03:35 PM
you're making the assumption that because my console is modded, i don't pay for anything.
NXE feature or no, hdd installs have nothing to do with the the Live ToS. especially when you consider that games will install these updates for you, or you can download and install them yourself directly from MS.
game save corruption is simply uncalled for as well. the console was banned, not my hard drive. i mean, why did they stop there? why don't they just make my controllers not work on other consoles as well?
i'm fine with being cut off from live, but anything beyond that is overkill.
i also find your firm stance on Live and modding interesting. it's mostly the anger that interests me.
I also enjoy your condescending tone. I don't think I deserved it.
#speakup
10:36 AM
Ummm... no thanks Activision.
10:44 AM
11:37 AM
10:33 AM
10:35 AM
10:37 AM
#speakup
10:53 AM
[www.gamefly.com]
10:33 AM
Shooting zombie dinosaurs? Count me in!
10:25 AM
Microsoft has every right to ban you from their private network, and despite assertions to the contrary they are not disabling your hardware - the console still works but can't access Live, and the hard drive still works and can be moved to another system if you want to regain the ability to play games installed to disc.
The only possible way this might gain traction is if they can somehow prove that people who were banned had nothing to do with piracy, but I have a feeling that's going to be more of a he said/Microsoft said argument. The simple fact of the matter is that I don't know anyone who was banned who wasn't pirating games. I'm sure that mistakes were made, just like with Windows Genuine Advantage, but how do you prove to Microsoft that you weren't pirating games?
10:46 AM