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Microsoft Reiterates LIVE Ban Policy
 Andy Alderson 

Microsoft has restated its policy on piracy after recently bringing down the ban hammer on terms violators.

A new wave of bannings occurred at the end of October and Microsoft has reiterated its zero tolerance approach to piracy again today.

“As you may have read online, we’ve been actively banning consoles from Xbox LIVE that have been modified to play pirated games,” wrote Xbox LIVE’s Major Nelson.

“ Our commitment to combat piracy and support safer and more secure gameplay for the more than 20 million members of our Xbox LIVE community remains a top priority. All consumers should know that piracy is illegal, and that modifying their Xbox 360 console to play pirated discs, violates the Xbox LIVE terms of use, will void their warranty and result in a ban from Xbox LIVE.

“The health of the video game business depends on customers paying for the genuine products and services they receive from manufacturers, retailers, and the third parties that support them.  This would also be a good time to remind you that the warranty on an Xbox 360 console is not transferrable and if you purchase a used console that has been previously banned, you will not be able to connect to Xbox LIVE. “

Do you know anyone who’s been banned from LIVE? Tell us why in the comments section below. 

N4G : News for Gamers

User comments

(1) Posted: 02:10 on 06 Nov 2009
Blackbeard
I was banned 3 days ago. Fuck Microsoft!!! $60 for a game!?! I make games for $1.34. Stop all the promotional bullshit if that drives up the cost of games. I'll never pay $60 for a game as long as I live.
(2) Posted: 09:55 on 06 Nov 2009
Ser Rodrik Cassel
Wait, you make games for $1.34? What about developing the software? Do you think the cost of the disc has anything to do with the final price really?

What about shipping? (for not download only games)
(3) Posted: 12:50 on 06 Nov 2009
Valas Azuviir
Note the name Rodrik... All you can really say is: Yaaaarrrrrr....
(4) Posted: 14:19 on 06 Nov 2009
Ser Rodrik Cassel
:lol: yaaarrrr!
(5) Posted: 15:07 on 06 Nov 2009
Blackbeard
Fine even if you add up all the costs that go in to making a game, are you justifying $60 for a disc? If a game sells 1 million copies (they just banked $60 Million), do you really think it costs even a tenth of that to make? I call bullshit. And the best part is, they ban the console but not the Gamertag. Why? Because they can still make money off of you for DLC and they know it. I have 3 consoles, so having one banned doesn't mean shit when I can just pop my HD onto another one and keep it moving. This is less about TOS violations and more about trying to sell a few hundred thousand more consoles. MS is the only true legalized monopoly. The world runs on Windows so MS is free to do whatever the hell they want. I promise you a class action lawsuit will come out of this due to the financial impact of robbing thousands of people out of Live memberships(which they will not refund) and DLC that is forfeited when the console is banned.
(6) Posted: 15:46 on 06 Nov 2009
Ser Rodrik Cassel
Fair points Blackbeard and yes, $60 is a bit much imo too.
(7) Posted: 16:15 on 06 Nov 2009
Blackbeard
Wow, I thought I was heading for a flame war... And I think it is highly suspicious that this "ban wave" comes just in time for the release of one of the most anticipated titles in the last few years (COD:MW2). They ban a few thousand consoles, sell a few million copies of the game, and sell a few thousand more consoles to be able to play said game. Guerilla marketing 101. If you read the forums, everyone who asks about a console ban is directed to the same link that does not answer anything. They tell you that you agreed to the TOS when signing up, and that is is in their right to ban you. First of all, no one reads that document at all. It is 50+ pages of legal jargon that no one could understand even if they did read it. Everyone just checks the "i agree" box because you DO NOT have a choice. Either you agree or you can't play, simple as that. MS moderators are no help either, they're like fucking mindless Nazi's, parroting quotes from the TOS from behind the safety of their computer monitors.
(8) Posted: 16:22 on 06 Nov 2009
Valas Azuviir
Uhm.. We're living in a capitalistic system. If they spend 30 million to make 60 million, then that 30 million is rightful profit to offset the expenditure.

Any half decent company will then set aside part of that 30 million for the warchest of the next game they're making, and that other amount will be for solvency and unexpected things.

Devs need multiple comps, an OS to run said comps, a building to work in, power to run the comps, tools on the comp to create a game with (say licensing something like the Unreal 3 engine). Then there are things like payroll, taxes, insurance, lunch breaks, overtime, marketing, legal fees etc etc etc.

We're not talking a flash game here. There's a reason why Triple A action games are becoming more and more expensive to make.

Heck, WoW alone, to name a MMO instead, cost around 200 million to make, and then there's subsequently the cost for running support, servers etc. Yes, they still make more than a tidy sum of it. But again, capitalist system. They're not in it for the free hugs and cookies.

As for the whole banning thing. Big companies like that often end up looking like big governmental organizations. Lot of red tape, not a lot of smart thinking, least not on the right levels. Banning both the console and gamer tags would make more sense.

As for the loss of live memberships, I consider it akin to the security deposit you give to a landlord when leasing a place. You get kicked out for violating the lease and/or damaging the place? Guess what, you're out of the deposit as well. *shrugs*
(9) Posted: 16:29 on 06 Nov 2009
Valas Azuviir
As for the ToS, really not that hard to understand. Heck, just ask Elly if she's read her WoW ToS and she'll answer in the affirmative, so the claim of no one reads ToS is a false one. :P
(10) Posted: 20:20 on 06 Nov 2009
The Biz 0416
it's not a "coincidence" that they are banning people now...there just happened to be thousands of players who downloaded pirated copies of MW2 this past weekend and were playing it. One of my xbox live buddies had his console banned, but he said the six hours he played was well worth it...
(11) Posted: 22:39 on 06 Nov 2009
NotBlackbeard
"If a game sells 1 million copies (they just banked $60 Million),"

The funny thing is about running a business is that in order to make a profit you have to charge more for your product than it cost you to make.

If the developers of the games spend 30 million making a game they can charge 60 bucks a pop. They can charge more. I bet you anything if games cost a hundred bucks a piece people would still buy them and the people making the games know this but they find the highest amount they can charge without turning people away. That isn't stealing. That isn't shady. That's called running a profitable business.

"MS is the only true legalized monopoly"

Do you know what the word monopoly even means? They need the companies that produce the games to stay in business so they keep selling consoles. It's in their best interest to keep pirates away from their consoles so the game creators keep making money and then more people buy the consoles which makes them happy.

"I promise you a class action lawsuit will come out of this due to the financial impact of robbing thousands of people out of Live memberships(which they will not refund) and DLC that is forfeited when the console is banned."

Who is going to sue? You? You'd rather spend the cash on three consoles so you don't have to play legit....what would your case be? Or anyones case that gets banned. That is the risk you run when you clicked "I Agree" to their terms of service. Didn't read the whole thing? That's your fault. Not Microsofts.

(12) Posted: 01:32 on 09 Nov 2009
Stinkfoot
I got banned today. The vast majority of games are complete shit. I buy legit copies of games that are worth the ridiculous sums charged. 3 modded boxes and I still pay for the Call of duties, rock bands, guitar hero's, battlefields, grand thefts, etc. I give my money to the developers who earned it. Do you know how pissed I woulda been if I paid $60 each on pieces of shit like Wolfenstein?, darkest of days or rock revolution. I support game developers that make real games. Not the motherf*ckers throwing out complete crap spending a ton on marketing to try and screw me out of my cash. That's fine M$. Once you get my last 2 consoles, all my money will go to Sony instead. So keep it up untill you put your own console 6 feet under.
(13) Posted: 09:47 on 09 Nov 2009
Stig
You break their rules, you pay the price. Simple.
(14) Posted: 14:48 on 09 Nov 2009
raldred
It doesn't matter what Microsoft put in their TOS its not a legal document and they cannot use it in a court of law. Banning seems like a bit of a grey area to me, xbox live is a separate entity to the console itself. The TOS cover the live membership nothing to do with the console, it's the membership contract that's being broken here, the console and any games are not a service and are not sold in conjunction with any TOS.

I agree they have to do something but giving there customers a lifetime ban is not a good business move at all.

I'm very surprised that Microsoft have no appeals process and/or a more relaxed 3 strikes and your out policy, I think issuing instant ban is possibly breaking the Sale of Goods Act (in the UK)

It's interesting to see which way this would go if it went to court.
(15) Posted: 05:12 on 14 Nov 2009
mr. LAWson
I say in the us internet hacking is illegal and for microsoft to hack a console to ban it is just that granted you lease a gamertag from them but the console is yours. by doing this it alters the integrity of the system thus lowering any resale value of it. in the tos you agree to all online policies, and if you mess up it affects your rights for xbox live (your gamer tag) so for those people who share a console like father and son, or brothers ect. it does not afffect just the person who broke the tos but everyone else who uses the console as well. OH DID I MENTION THAT IT IS ILLEGAL IN EVERY WAY SHAPE AND FORM
(16) Posted: 15:14 on 15 Nov 2009
Ser Rodrik Cassel
Quote:
It doesn't matter what Microsoft put in their TOS its not a legal document and they cannot use it in a court of law. Banning seems like a bit of a grey area to me, xbox live is a separate entity to the console itself. The TOS cover the live membership nothing to do with the console, it's the membership contract that's being broken here, the console and any games are not a service and are not sold in conjunction with any TOS.


Yes and no, the console is banned but not unusable just on their network. The gamer tag should be banned as well imo.
(17) Posted: 01:23 on 19 Nov 2009
Blackbeard
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