Class Action Lawsuit Against Microsoft for Mass Xbox BansNovember 21st, 2009 by WordPlop
Microsoft recently banned over 1 million Xbox Live accounts for using modded Xbox hardware. Some reports say the number is now over 2 million. Now there is a lawsuit against Microsoft for the bans. This might seem like a bad idea – after all, modded hardware is against the Xbox Live Terms of Service. However, many people who had their consoles banned are now reporting that not only were they banned from Xbox Live, but they were also banned from their consoles.
How can Microsoft ban you from your console? People are saying that their access to their console’s hard drive was blocked. That means they can’t access a key part of their console, which makes it almost unusable. What gives Microsoft the right to brick consoles for hardware modifications?
Some are reporting that their console was banned because of a simple fan modification. They upgraded the fan on their console to help prevent the infamous Red Ring of Death – RRoD – and now Microsoft apparently bricked their console. How is this fair at all, yet alone legal?
When you buy something, you own it. That is obvious. People who bought an Xbox are the legal owners of that property. How can Microsoft legally make that property unusable? They have the right to ban modders from Xbox Live, which is an extra service to the console. But they should have no right to damage or make unusable the actual hardware that people purchased. This is in effect the same as a Microsoft employee coming to your home and stealing the hard drive out of your Xbox.
I really hope this class action lawsuit goes to court, Microsoft doesn’t settle, and Microsoft loses. This would set a great precedent that would prevent companies from touching the hardware which you paid for and have every right to modify. Think of automobile companies for a second. Wouldn’t they rather have you buy a high-end version of their car for $10,000 more to get an extra 50 horsepower, than have you modify your car by yourself for $2,000 to get the same extra power out of it? Imagine if car companies installed chips in new cars that would disable the wheels from spinning if they detected a custom engine modification? Isn’t this essentially the same thing as Microsoft disabling your hard drive because they detected that you upgraded the fan on your Xbox?
Disabling hardware, your private property which you purchased, should be completely illegal. If these reports of Microsoft bricking consoles for hardware modifications are true, Microsoft should lose the lawsuit. And by the way, the Terms of Service and the EULA rarely hold up in court, because this type of agreement cannot overwrite laws.
Note: I cannot confirm if the reports of consoles being bricked are true, but people all over internet forums are saying the same thing.
Sources: Engadget, multiple forums
XBOX 360 logo copyright Microsoft
Posted in Consoles, Gaming, Hardware, News
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