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.

Well, not literally STFU, but one imagines that's heavily implied with this kind of boilerplate, uttered by a Microsoft 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."

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 rumours that it was, in fact, seven figures' worth. Microsoft Stands Firm in Face of Possible Lawsuit Over Xbox Live Bans [Financial Post]


    With the ToS, Microsoft is pretty much in the right. I don't see why people can't realize this.

      There's always a loophole...

      There is nothing stated in the TOS that gives Microsoft the right to disable HDD installs and lock down your HDD, or deliberate corrupt your gamer profiles and save data. Nobody seems to understand this. Microsoft has been doing a pretty good job of making everyone believe that the latest ban wave ONLY prevents people from accessing Xbox Live when this isn't the case. This issue is exactly what the class action suit hopes to address.

    They're well within their rights to ban pirates, but not the innocent users just trying to use their product according to the ToS.

    Microsoft can have a ToS and you can sign it but if you take it to court and the court decides that the contract or parts of it are not lawful then it is not enforceable and voided.

    Hard part is proving it.

    I would suggest that if you could find people who didn't have hacked consoles and were banned you could argue that Microsoft was negligent in enforcing the part of ToS that they are using for the bans and argue that it is untenable as they cannot enforce it with 100% proof.

    I'm pretty sure in Australia it is legal to circumvent copy protection but illegal to make copies of games even for backup purposes. So unless Microsoft could prove you were using burnt discs their banning of consoles could be easily argued against in Australia.

    " Microsoft is well within its legal rights to ban these users from Xbox Live." ... Wow, It's almost as if Microsoft is admitting fault. Given that the current set of bans extend to more than just XBox Live access, I'm now a little more confident that this suit might go somewhere...

      How is stating that they have the right to ban users from Xbox Live admitting fault? It reads the exact opposite way IMHO.

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