Microsoft Responds to Class Action Claim Against Xbox Live Bannings

Illustration for article titled Microsoft Responds to Class Action Claim Against Xbox Live Bannings

Microsoft's response to a law firm's attempt to round up Xbox Live users smashed by the recent mass-banning reminds everyone that the service's TOS allow it to hammer pirates, anytime, anywhere, so STFU.

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Well, not literally STFU, but one imagines that's heavily implied with this kind of boilerplate, uttered by a Microsofot spokesperson on Friday to Canada's Financial Post.

"Piracy is illegal and modifying an Xbox 360 is a violation of the Xbox Live Terms of Use. Microsoft is well within its legal rights to ban these users from Xbox Live."

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No suit's been filed, remember. I think the firm involved in this saw the claims that a million XBL users were caught in the blast and went beating the bushes figuring at least some lucrative percentage of those were innocent. While Microsoft hasn't specified the total number of pirates banz0red, it's cast doubt on rumors that it was, in fact, seven figures' worth.

Microsoft Stands Firm in Face of Possible Lawsuit Over Xbox Live Bans [Financial Post]

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DISCUSSION

A lot of people on high horses here. Let he who has pirated nothing cast the first stone. TV, music, games, software, whatever. Everyone's taken something and you guys are all acting like some finger wagging nun, judging everyone else.

I (like everyone else who got banned, I'm sure) made the decision to mod my console to save money. I don't have any what with cell/car/insurance/loans to pay. I still would like to enjoy myself though and I chose to do it illegally. I'm not saying I didn't deserve the ban, I definitely did. I just think it's funny that you supposed goody two shoe gamers who are "supporting the industry" are delusional.

I won't get into numbers, but there's a graph somewhere that shows the breakdown of how much game companies get out of the $60 you pay for some garbage game like WET or Brutal Legend (it was funny, but the gameplay was awful). I can't justify paying $60 for something that doesn't warrant the effort on my part to procure the money. Modern Warfare 2 (which I ended up buying for PC because I liked it on 360), Assassin's Creed 2, and Borderlands (also bought on PC) are games I can justify buying because they are solid games.

Supporting the developers has nothing to do with it. I played the game, it is good, it warrants a purchase. Sadly there are so many games that do NOT warrant a purchase because they are rushed, or have bad gameplay mechanics, or simply aren't fun. Those games I will not pay for. Those games I will pirate. And I will continue to pirate when new firmware comes out, and I will continue to play burned discs offline on my unbanned 360. The banwave isn't doing anything for microsoft except making a lot of people go to Walmart, buy a 360, and return their broken one in the same box. Only to have the new console procured be modified again with new firmware in a few months and be right back on live.

Piracy cannot be stopped, it can only be delayed. As soon as new firmware comes out, the cycle will begin again. Even PS3s are not immune anymore. When they first came out, blu-ray was so expensive that no one could afford to burn the discs. Now people are figuring out exploits and hacks for the PS3 and I hear someone's already got linux distros running on it. Only a matter of time.

TL;DR — Everyone pirates something, no one is perfect and if you are, feel free to post a reply and send me your vast wealth.