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Class Action suit against M$!

Mikael Grizzly

Creepy Stalker
Unfair ban? Wake up, hey violated the Terms of Service for Xbrick Live and got banned. Here's a quote from XBL TOS they agreed to when buying the console and initializing the service:

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 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.


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.
I guess when morons sue, they fail to do research...
 
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lilEmber

Small Dragon
TOS and EULA protects Microsoft, meaning it's written that they can suspend/remove you from their services at any point for no/any reason.
 

Mikael Grizzly

Creepy Stalker
TOS and EULA protects Microsoft, meaning it's written that they can suspend/remove you from their services at any point for no/any reason.

Only if you breach the TOS or the EULA, otherwise, you're a welcome, paying consumer.

I find it funny that those banned guys consider themselves entitled to Live, as if it was their right, not a privilege.
 

Nanakisan

Wild lunatic!
Only if you breach the TOS or the EULA, otherwise, you're a welcome, paying consumer.

I find it funny that those banned guys consider themselves entitled to Live, as if it was their right, not a privilege.

lol i see what you did there
 

Liam

A ghost passing through
TOS and EULA protects Microsoft, meaning it's written that they can suspend/remove you from their services at any point for no/any reason.
Yet how many people actually read these things? It's a win win for Microsoft!
 

Duality Jack

Feeling Loki with it.
So they scanned a person's Console for data without prior consent "per" scan? You can't do that here.
 

Torrijos-sama

The Artist Formerly Known as Jesusfish
This is the typical behaviour of kids who couldn't ever win to begin with.

If you can win or play a fucking videogame like everyone else, and need a modded system, then you should just shoot yourself. It is in the fucking rules, and if you want to violate the fucking rules, then you can fucking live with the consequences...

HOLY FUCK. I know half of these kids are going to grow up to be either basement dwellers, or Welfare-Dependent.
 

Duality Jack

Feeling Loki with it.
This is the typical behaviour of kids who couldn't ever win to begin with.

If you can win or play a fucking videogame like everyone else, and need a modded system, then you should just shoot yourself. It is in the fucking rules, and if you want to violate the fucking rules, then you can fucking live with the consequences...

HOLY FUCK. I know half of these kids are going to grow up to be either basement dwellers, or Welfare-Dependent.

Read the article its about people who have simple things like netflix on their X-box that got them banned.
 

Liam

A ghost passing through
Yes, they can.

MS owns the XB OS and XB live.

They have every right to scan the hardware inside the xbox.


and I'm a starfish.
But do they own the console you paid US$350 for?
 

lilEmber

Small Dragon
Only if you breach the TOS or the EULA, otherwise, you're a welcome, paying consumer.
Nope, they can kill your account for no reason at all, too. Read it closer.
So they scanned a person's Console for data without prior consent "per" scan? You can't do that here.
Yes you can, and yes they warned you, and yes you gave consent. By using their services (tos, eula) you automatically give consent.
 
T

Tycho

Guest
But do they own the console you paid US$350 for?

As good as.

If they tell people they can't do something with their 350 dollar piece of shit, and someone does that something, they're in trouble. Y'know, sorta like those cans of bug spray that say "it's illegal to use this product in a manner inconsistent with its labeling".
 

Vaelarsa

resident spaceship
Once you agree to the EULA, they're entitled to do whatever the fuck they want under the grounds of what's defined in that EULA.

This is not illegal, however "unfair" it may seem, so there is no grounds for a lawsuit.
And it will fall flat on its face.
Period.
 

Duality Jack

Feeling Loki with it.
Yes, they can.

MS owns the XB OS and XB live.

"Data management rights" In Canada are more for the consumer then the cooperation, searching a person's X-box is legally the same as searching someone's PC. No warren no search Mircrosoft is in talks with the Government now to learn about how they will be able to check legally. in the end "hard hacks" would be covrable apparently and "soft modding" of the OS itself nothing else would be legally searchable.
 

Irreverent

Member
They have every right to scan the hardware inside the xbox.

Perhaps, but its illegal to probe devices on my network without consent. Consent of one is not implicit consent of the other.

In high level terms, when you connect your corporation to the internet, your ISP or backbone provider will make you sign a TOS/EULA that prohibits "hacking." M$ likely breached their agreement with their ISP when they did this. Its going to be an interesting torte for sure.

Yes you can, and yes they warned you, and yes you gave consent. By using their services (tos, eula) you automatically give consent.

So let them role a truck. My xbox is available for inspection between the hours of 23:59 and 00:01, every second February 29th. :cool:

This is not illegal, however "unfair" it may seem, so there is no grounds for a lawsuit.
And it will fall flat on its face.
Period.

Someone's about to spend a billion dollars in court to find out, for sure. The procedure may be legal, the mechanism may not and I predict that's the nature of the case. Evidence from an illegal search is illegal, even in civil tortes. There's no concept of "eventual discovery" here.
 
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Sinjo

Banned
Banned
"Data management rights" In Canada are more for the consumer then the cooperation, searching a person's X-box is legally the same as searching someone's PC. No warren no search Mircrosoft is in talks with the Government now to learn about how they will be able to check legally. in the end "hard hacks" would be covrable apparently and "soft modding" of the OS itself nothing else would be legally searchable.
For one I'm not even sure they scanned the hardware. They could have scanned the games you've played, the discs that they were played from.

They may not own the xbox, but they own the XBLA you made after agreeing to their EULA, which more than likely covers hardware scanning.

the burned discs are far different from the pressed ones, as I've been learned.

Technically, you own console, but with their EULA, that you have to agree to, to get on line, they own your account. Never go online, you've never signed the EULA. There's no lawsuit here. Just a bunch of money hungry ambulance chasers.
 

Duality Jack

Feeling Loki with it.
For one I'm not even sure they scanned the hardware. They could have scanned the games you've played, the discs that they were played from.

They may not own the xbox, but they own the XBLA you made after agreeing to their EULA, which more than likely covers hardware scanning.

the burned discs are far different from the pressed ones, as I've been learned.

Technically, you own console, but with their EULA, that you have to agree to, to get on line, they own your account. Never go online, you've never signed the EULA. There's no lawsuit here. Just a bunch of money hungry ambulance chasers.
all I am saying is

IN USA: They can search anythign and everything.
IN CANADA: They can only search the hardware OS and Game use logs not "User data" such as music or 3rd party media and the reason

the scans have been delayed and postponed here is due to the part they have to reprogram the software they use to scan and the talks are about how to go about those scans as to not violate data rights in Canada.
 

Sinjo

Banned
Banned
all I am saying is

IN USA: They can search anythign and everything.
IN CANADA: They can only search the hardware OS and Game use logs not "User data" such as music or 3rd party media and the reason

the scans have been delayed and postponed here is due to the part they have to reprogram the software they use to scan and the talks are about how to go about those scans as to not violate data rights in Canada.
Actually, No.

THe EULA is a legally binding contract. You Legally agree to let them scan and ban your XB whenever they like.

They weren't delayed. My brother had his XB modded and it's down Banned from live.
 

Duality Jack

Feeling Loki with it.
Actually, No.

THe EULA is a legally binding contract. You Legally agree to let them scan and ban your XB whenever they like.

They weren't delayed. My brother had his XB modded and it's down Banned from live.
*facepalm* You cannot legally bind someone to give up rights in Canada. and the EULA is different here.
 

Sinjo

Banned
Banned
*facepalm* You cannot legally bind someone to give up rights in Canada. and the EULA is different here.
Then why has my brother and several of my friends along with his friends been banned :>

Edit: I just took a look at the canadian eula. S'pretty much the same
 
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Duality Jack

Feeling Loki with it.
Then why has my brother and several of my friends along with his friends been banned :>
Then they resolved the problem on what the scan covers. Tis it. I am not talking out of my ass Sinjo, I have mild involvements in the department which was dealing with this.
 
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