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Law firm considering class action suit over XBL bannings

Thursday, 19th November 2009 19:57 GMT By Stephany Nunneley

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Law firm AbingtonIP has revealed that it’s currently “investigating” what it calls the “convenient” Xbox Live bannings over modded consoles.

The firm believes that it’s no coincidence that MS banned “tens of thousands” of users after receiving its money for Gold memberships post release of Halo 3: ODST and Modern Warfare 2. Therefore, the law firm is considering a suit in order to get the membership fees refunded to subscribers along with a “refund for the prorated sums”.

“To me, this certainly sounds a lot like a cash grab directed at a company with deep pockets, but perhaps there are more facts than they are letting on,” said Joystiq legal columnist Mark Methenitis. “If, in fact, Microsoft is inducing people to buy a service only to terminate them, then there’s certainly a deceptive business practice concern.

“But this seems far more cut and dry than that.”

Methenitis also stated that a user “savvy enough to have a modded console” should be savvy enough not to connect it to XBL without “serious risk.”

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16 Comments

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  1. jeremycafe

    To hell with these idiots. I hope they all die in car crashes prior to the court hearing.

    #1 5 years ago
  2. Psychotext

    …and that would be why they don’t cancel the live accounts, just kill the console’s ability to connect to live.

    But at the end of the day, you agree to the terms of service when you connect to live. You choose to break those terms then you couldn’t really be surprised even if they did take away your actual gamertag’s gold status.

    #2 5 years ago
  3. jeremycafe

    Why any idiot would sign up on a class action lawsuit saying “i played a downloaded video game and want my xbox live money back” is an idiot. I hope each one has to pay 100,000 in damages after haha. That would make my day.

    #3 5 years ago
  4. jeremycafe

    Not to mention their live accounts are not banned — the consoles are. So if that user bought a new xbox the account they paid for is still active and valid.

    Something tells me a company just wanted to get their name out there and had no interest in actually following up with the suit. If they did, they are idiots to think a bunch of thieves have any chance in court.

    #4 5 years ago
  5. Bikki

    That guy is so right damnit.

    #5 5 years ago
  6. NoxNoctisUmbra

    Altho I do not like Micro$oft as much, I would agree with Micor$oft on this one.. There are rules and agreements and people violate them.. Well too fucking bad for those people.. They deserve it.. This Lawsuit is some fukin BS!

    #6 5 years ago
  7. DaMan

    hahaha. Rofl, this is so fucked up.

    #7 5 years ago
  8. bobmalooga

    if ur a big enough nob (u know who u are thieving little bastards) to steal games and have a modded console you dont deserve jack, u deserve to be banned and lose ur gold membership as well.

    #8 5 years ago
  9. DUFFKING

    For the record, typing ‘Micro$oft’ immediately invalidates any opinions you have. Just saying.

    #9 5 years ago
  10. Bulk Slash

    Personally if I were planning to start a class action suit on this I would target the disabling of features built into the console. When MS bans a console they also disable being allowed to install and run games from the hard drive including games already installed.

    If I were those lawyers I would paint that as MS hacking into people’s consoles and damaging the functionality they are supposed to offer.

    I’m not sure they could win, since MS have more bribe money, but it would at least be more solid that suing MS because they enforced their terms of use agreement.

    #10 5 years ago
  11. Psychotext

    I doubt they’d win simply by virtue of the fact that Microsoft just licence you the software used by the 360… and when you use Live you give them permission to make whatever modifications they choose to.

    …still, I hope this really does make it to court, if only for the reason that jeremycafe mentioned.

    #11 5 years ago
  12. Jadeskye

    i can’t work out if you’re joking or not bulk. O_o

    i pray to the god i don’t believe in that you are.

    #12 5 years ago
  13. sickpuppysoftware

    OBJECTION!

    (someone had to do it)

    #13 5 years ago
  14. Goliath

    What a waste of the judicial system’s time. If you got banned you were doing something wrong. Deal with it and shut the hell up.

    #14 5 years ago
  15. theevilaires

    This is fucking stupid. America is the dumbest country in the fucking world. For every stupid act they do they just keep making the Euros look better.

    #15 5 years ago
  16. Phoenixblight

    I want my 50$ now damn it. I paid 50$ for my year of live and I want it now. WHile the lawyer is thinking 30% of 1 million people bannned x50 plus court costs, and filing fees.

    Its stupid because its people like these lawyers that are messing up our system so they can have a quick buck.

    #16 5 years ago