Microsoft recently banned a large number of pirates from Xbox Live, and this has raised some questions over what can get you banned, and exactly how fair and accurate the banning process is. The truth is worse than you may have suspected.
Let’s get one thing straight right off the bat – pirates should absolutely be banned from XBL. Piracy is a large drain on the gaming industry and needs to be stopped, but just how does Microsoft determine who is and who isn’t a pirate? Well, they’re not very upfront about their process for determining guilt, but it’s a safe bet that some piece of diagnostic software running in the background on every 360 is looking for the firmware modifications necessary to run pirated games. When a console has been flagged as modded, it gets banned.
That’s all well and good, but what if you genuinely didn’t mod your console? What if you bought it used and had no idea it was even modded? If you go to MS with these concerns, prepare for the possibility that you might lose any DLC you have legitimately purchased, including games, map packs, and videos. One user who claims to have been banned in error was met with the following threat from a Microsoft staffer after posting his concern on the Xbox forums:
Our investigations are very thorough. However if you PM me with your consoleID and serial number we will reverify our investigation. Your console ID is located in System Settings>Console Settings>System Info
Before replying, please be sure that you:
1. Purchased your console brand new and unopened from a reputable retailer
2. No individual has ever handled the Xbox outside your direct physical supervision.
3. You have thoroughly reviewed the information and FAQ located at http://www.xbox.com/en-US/consoleban/Please be aware that if our reverification is correct, this could result in a permanent suspension of the Xbox LIVE accounts on this console, along with all associated licenses and gamerscore.
There are two scary facts here. The first is that MS won’t re-investigate the banning, but only re-verify it. That makes it sound like they’ll just double check to make sure this unfortunate gamer’s serial number is in fact on the banned list rather than making sure it deserves to be on that list. Even more upsetting is that the punishment for asking to have the console re-verified is the banning of the gamertag, complete with the loss of any and all DLC licenses held by that account. So let’s say you have purchased $200 worth of map packs, games on demand, and XBLA titles from the Xbox Live Marketplace before your console got banned. If you ask to have that ban re-verified, and the results are the same, Microsoft can take back all of that content that you legally purchased.
I’m afraid it gets worse. Piracy isn’t the only thing that can get an Xbox 360 banned from Xbox Live. If you have any repairs or cosmetic modifications done to your console by anyone other than Microsoft, you run the risk of getting banned if they find out about it. From the Xbox Live terms of service:
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.
Microsoft charges over $100 for a repair if you’re out of warranty, and you can expect to be without your console for between two and four weeks. In my area, I was able to find several repairmen, and shops that would fix a 360 for $50, and the turnaround time was less than a week in every case. Currently, there doesn’t seem to be any evidence that MS is banning customers for going with the quicker, cheaper local repairman, but it is rather disheartening to know they could.
It’s great that MS can ban pirates whenever the need arises. Unfortunately the policies that allow for pirates to get the smack down also leave a lot of room for innocent gamers to get trampled on. Hopefully Microsoft will update their policies, or at least use their ban hammer responsibly.
I have reached out to Stephen Toulouse, Director of Policy and Enforcement for Xbox LIVE, for clarification on these issues, but have not received a response at the time of this writing. This post will be updated if and when more information becomes available.
That would really piss me off after spending $50 on a repair from my trusted electronics guy. That's so unfair.
Just because the Terms say you can't use another repair facility doesn't mean that they can legally prevent you (or punish you). Companies do this kind of thing all the time. They put illegal rules and regulations in their policies because they know that most people won't take the time (or spend the money) to overturn them. For instance, it's illegal for a Movie Theater to prevent you from bringing in outside food or drink. However, they can have you physically removed from the property (even by police force), because they have the right to do so. How would you rectify this? Sue 'em. If you can prove they kicked you out for bringing in a Taco Bell cup, you win. The same would go here. If you proved that your repair man simply fixed a hardware issue on your 360–and that he used only Microsoft approved hardware to do it–then you certainly have a right to what you did. The problem is proving it, finding a lawyer and paying the bill. Honestly, buying a new 360 is cheaper in the short-run. And the short-run is what most people care about. And Microsoft knows this.
It's actually against health code to bring food prepared from another establishment into a department of health liscensed operating establishment. Seems crazy, but a movie theatre has the same guidelines as a restaurant. It's their loophole that they can exploit of course. Go ahead, try eating Taco Bell in a Wendy's. I dare you.
I am no fan of Microsoft and the way they do business but you are wrong. It absolutely means they can ban you for unauthorized repairs. If it is in their terms of service then they have given people advanced warning. Say you have your 360 repaired 3 times by an outside repair source-i.e. not Microsoft and the fourth time you get the red ring and send it to Microsoft to get repaired and they see it has been opened for some reason before. The reason they can and would ban you and you would lose in court is because their technology is proprietary and they do not want/allow unauthorized persons to open their systems so that they can prevent other outside people who are techies from copying what they have done. Also, I used to be an assistant manager at a movie theatre and we would not kick people out for sneaking food in when we caught them but instead would confiscate the product and return it at the end of the movie. Cops/security guards were never involved unless the customer became aggressive and/or hostile.
Provided your "trusted" repair guy doesn't add anything to the console that shouldn't be there, nothing will come of it.
I think its funny that this mass banning happened just in time for the holiday shopping season. This is just a scummy way for Microsoft to boost console sales this Christmas so they can brag about it next spring.
I think that sounds pretty feasible. Very par for M$
Trust me Dan, Gaming Industries are losing a huge amount of dough because of this. It's not a scam. Piracy is a parasite like a tape worm or tick. It's unhealthy to the industries.
The main reason they did all the banning is because of call of duty. They didnt want people with a modded xbox to cheat online with one of best online games ever period. Its not for money purposes and if you think that then ur either one of the modders or just dumb. Its called loyalty to its unmodded xbox customers.
Yaboy, u sound like a M$ fanboy defending them from looking bad. U know pretty darn well that m$ is known for low level bullcrap that gets them money, they have done it since the beginning of this generation…. Why do u think ppl put a $ in M$? All they care about is money. Thrydont give a rats @$$ about their consumers, if they ever do… I’ll cut off my left nut…..ok, I won’t but u get the idea. I see them doing it more for boosting sales this holiday to makes their sales look good since no one wants the crappy shitty breaking POS anymore, ps3 is better and that’s why sales are higher, and yes I have a 360, do I play it? Hardly….
2 things… first every major company the only thing they care about is money, specially Sony, and nintendo, at least M$ paid 1 billion in repairs. Second you are a sony fan boy… If you have a 360 and you are playing CODMW2 in your PS3 you are missing a big part of the fun… I own both consoles and a friend brought the PS3 version of the game, the on-line is terrible.
Your missing the point though. They are talking about UNFAIR banning. Innocent people being banned because of Microsh*t being careless with bannings. I have a PS3 anyway so I don't have to worry about this. Sorry to everyone having banning problems!
I seriously doubt that there are a large number of unfair bannings. The unfair part is that a lot of these banned systems will be sold to unknowing people by the shady pieces of sh** that got banned for being shady pieces of sh**.
I have to agree with Ditka on this one. Hopefully if a system goes to a Gamestop or the like they check them out.
I don’t think that places like GameStop DO check them out actually. However I also don’t think that there are many people who sell back modded boxes. I also think the banning has little to do with MW2 and more to do with the obvious fact that MS and it’s affiliates want you to spend money on their products.
i cant see the issue here.
its common sense NOT to buy a 360 used, if you buy one used your a idiot.
i mean seriously with the 360s reliability rate pathetically low your asking for troubles buying it used, as ive always been told buying something used is buying someone else problems.
and so what if you get banned?
modding your console costs 200 bucks.
2 games and boom you paid for the mod, 4 games and boom you saved yourself enough money to buy a new one.
so whats the issue?
i cant believe how people bitch about absolutely nothing!
you break the law and get punished for it and their complaining.
i dont see people complaining about being thrown in jail for steeling.
as the saying goes if you cant do the time dont do the crime.
if you cant handle the heat, keep out of the kitchen.
I can see both sides of this. but it is well known that you can get banned for "dectable" mods. if you buy a 360 used off a noncredible source you do run the risk of many things being wrong with the system. M$ is money hungry but hey if I could boost sales by banning millions of consoles so be it, the kids gotta eat.
Well, to beggin with you bough this shody POS console, from a company that is KNOWN to constantly try to ACHIEVE!!! monopoly, by any means necessary….what did you expect? Since this gen started, and that POS beggan its RROD saga, I knew I would never buy one, the games may be great, but its not worth all the problem and head ache they come with. And since its adorable fanboys keep buying it, one after another after it broke on them, ruined their disks, sounds more than a jet, and so on, MS could care less if they are banning a few thousand innocents with the pirates. THEY DO NOT CARE AT ALL! The sheep will come back for more! IF anything MS prooved that you can give the shaft to its userbase without a care in the world and they will come back. Enjoy it!!!
First off let me start off with that your title is misleading. Microsoft is well within it rights with banning and everyone who gets banned deserves it, if you buy a used xbox from a stranger your a retard and deserv it too if it has been modded, you responseble for what happens or happened on your console
While I can envision Microsoft wielding the ban hammer with great glee I would say they wouldn't want to upset the Apple Cart too much in this case. X-Box Live is Revenue Stream for Microsoft and cutting off that source of money is not something that Microsoft would do unless a greater problem such as piracy is the reason. In this case I bet Microsoft is probably correct when they ban people.
PS3: 299, XBOX360: Priceless
NO-ONE got banned from Live. Not a single person got banned. Their CONSOLE got banned: there's a huge difference. All the individual has to do is buy another console and they're back on Live immediately. So all it was was a slap on the wrist for these so-called "criminals destroying the industry": MS just said "give us some more money and all will be fine".
Big December NPD numbers for Microsoft confirmed. Trebles all round…..though expect Greenberg to completely ignore this when he whoops at the 360's big numbers.
Yeah, they can get back on Live with a new console. Only now, they don't have a modded console that can be used to cheat and fcuk up the online gaming community. And, yes, pirates ARE criminals. I hope some day you make something cool to sell, and a ton of low-lifes copy your work and take payment for your work. That would make me smile.
This article sucks.
You guys are such morons, and so is the guy who wrote this. Whats so bad is you people are the same people who complain because MS does not ban all the racists on XBL. As if there is a fair and safe way to ban only mean racist people.
Microsoft does not care how your system got modded or opened up, the point is you cannot have modified hardware running on XBL, period, its unfair to folks who did not cheat by modding their consoles. Who cares if you purchased it modded, its still modded you idiots!
And this has nothing to do with making money because if your some "innocent" gamer who got his box banned, your going to buy a PS3, not another Xbox.
I would agree with your "everyone here is a moron" stance if it weren't for the fact that Microsoft may ban a console for being OPENED, not just modded. That means if my console red rings and I don't want to pay them an arm and a leg to fix it and wait a month, and I fix it myself without modding anything, potentially my console could be banned. That's what's upsetting about this situation. And while cheaters and modders may have nothing to do with making money, denying people the right to fix their own console is totally about making money because it only gives people the option of paying Microsoft to do it.
i dont understand how you say it hurts the game companies. if i was going to pirate a game. obviously i had no intention of buying it..so that company wasnt going to get my 60 dollars anyways. peoples logic is broken
PIRATES?? FFS! It makes a tiny difference to revenue when people download games illegally! It is the fookin stores that sell 2nd hand software that are the real pirates! The 2nd hand gaming market is the real killer! Take tis example, GAME will pay you £20 for mw2, They take a profit of around 90% (probobly higher) some of the 10% goes to couriers, some goes to the developer. Basically, IW would get around 50 pence of EACH 2nd and copy! What a crock of poo Microsoft speak! It's just another way to get more money out of us!
Lets start with 3 Words… Johnny Chung Lee…….
That being Said, Microsoft is either a Huge Hypocrite or the main reason for the bannings is get a boost in sales this holiday season, because for the past couple months it has been trailing the PS3.
Who is Johhny Chung Lee you might Ask? He got alot of popularity for his posted projects for doing mods with wii hardware. Soon after he found himself an employee for microsoft. Some of his focus is on projects such as NATAL. So the idea that Microsoft Frowns on modding or people not using Hardware for its proper use for the good of all humanity of some ethical moral reason, is a pile of crap. Its all about the Money…
Anyone who thinks Microsoft's Main reason for dropping this hammer hard is not to boost holiday sales numbers is either uninformed, unintelligent, or blinded by loyalty. It is an obvious choice for MS since the past couple months their numbers have seen them at the bottom. This can give a visible boost to their console sales giving their Marketing analysts at least something to work with.
I don't want to banter on too much, but bottom line: most people who have a modded 360 are playing copy games, end of. Saying that, I bet everyone who's got a modded 360 is playing copt games. It's a known fact that if you repair a console yourself or take it somewhere else to get it repaired, Microflop, Sony and Nintendo don't like this, more so Microflop by the sound of it. Also, you take a risk when you buy a used 360, wether you buy it from a store or a person. The only way to check is to get the serial number then call Microflop is they'll answer the fone that is. And for people who live in the UK, under UK Consumer Law, your 360 is actually under warranty for 6 years, not 1 year. If you call Consumer Direct, they'll confirm this. I bought my 360 at the start of 2006 and I'm on to my 6th console from one purchase. Just make sure you have your receipt though. Oddly, this isn't stated in the manual, stores don't tell you this and whoever makes the console don't tell you this.
It's for sure that if Micro$oft takes back stuff that I paid for due to some error on their part I take this as justification to figure out how to pirate games and never pay them anymore.
Well… when you think about it; used games != money for publishers/devs, right? With that said; neither are pre-used consoles. I think you put yourself at risk if you buy a used console, they don't check those things you know. My friend bought a PSP used and it had CFW, but the clerks didn't know and now it go bricked. Wonderful.
PS:
Before replying, please be sure that you:
1. Purchased your console brand new and unopened from a reputable retailer.
So there; clearly stated. Pre-used are not good. Also, if you buy 200$ worth of DLC surely you have enough for another Xbox.
my cd in xbox not original I want play online but I scard from banned live
please help me
I want software or program for play online