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Just got my console (and I assume my account) banned from Live for playing Halo 4.

Syriel

Member
You're right, I forgot about that case and worded my statement too broadly.

Are console video games considered licensed like PC software? I would think not since the user is not confronted with an EULA like PC software is.

The vast majority of them do have a EULA in the manual.

Interestingly enough, Halo 4 doesn't have a game specific license agreement listed anywhere on the box and there is no manual included in the standard edition (the LE may differ). The only mention of any license on the Halo 4 box is the Live terms.

IANAL, but the lack of a license agreement would seem to exempt Halo 4 from the three prong test setup by Vernor. It's usually pretty easy to meet (which is why the vast majority of software is considered licensed under US law since the decision), but having that license agreement in the package is one of the key points IIRC.
 

Dartastic

Member
It really, really sucks for those of us who have zero chance of playing the game early.
I agree. However, banning someone's console for having a physical copy of the game that is not pirated is far, far worse. Tonight I'm gonna contact xbl support to see if I can get around the ban, and in the meantime I'll just play offline.
 

diamount

Banned
Yeah, that one store should definitely be granted a competitive advantage over all the other retailers who play by the rules.

If anything it's probably an indie store who can get away with this sort of thing. Chains usually get found out pretty fast, see kmart.
 
the store did something "wrong"<-(lol) the customer did not its his decision to not rat on the store, he my buy there often he got fucked because he bought a game early and then played it....this thread is hilarious with people defending M$...smh....

The store has a contract they agree to not break the street date. They did something "wrong" by breaking this contract and selling it early. If the store stuck to the contract they agreed to, the the customer would have never been banned in the first place.
 
receipts.gif

LOL I never thought this gif would actually apply in a serious situation.
 

Persona86

Banned
Did you read anything beyond the OP?
I read the first 5 pages of this thread, I am not going to read 24 pages.

Anyway I assume he is paying for live, my comment was a lighthearted criticism against Microsoft for banning a paying customer.

Did I miss something?
 

GavinGT

Banned
I read the first 5 pages of this thread, I am not going to read 24 pages.

Anyway I assume he is paying for live, my comment was a lighthearted criticism against Microsoft for banning a paying customer.

Did I miss something?

How the franchise director of Halo promised to reverse the ban within five minutes of the thread being posted. Then he said Microsoft would reverse any bans for anyone that provided even a modicum of proof that their copies were original.
 

diamount

Banned
How does this excuse anything?

I'm not excusing it. Just saying that this will have no impact on games sales because a small indie store are likely to break the release date than a chain, so nothing is lost. You're already risking your account if you go on multiplayer before the official date so again no loss to anyone.
 

Persona86

Banned
How the franchise director of Halo promised to reverse the ban within five minutes of the thread being posted. Then he said Microsoft would reverse any bans for anyone that provided even a modicum of proof that their copies were original.

I read that and did not miss it, what does that have to do with him getting banned in the first place and my comment?
 

GavinGT

Banned
I'm not excusing it. Just saying that this will have no impact on games sales because a small indie store are likely to break the release date than a chain, so nothing is lost. You're already risking your account if you go on multiplayer before the official date so again no loss to anyone.

It's still unfair that any store should be rewarded for breaking the rules.

I read that and did not miss it, what does that have to do with him getting banned in the first place and my comment?

That he doesn't lose his purchases or the Live time he paid for, except maybe the day or two until he gets unbanned.
 

Persona86

Banned
That he doesn't lose his purchases or the Live time he paid for, except maybe the day or two until he gets unbanned.

When they ban him like that they are basically suggesting that he is a thief, even after taking his LIVE money. Then the OP had go and prove to them that he is innocent = guilty until proven innocent.

Looks like money well spent on a wonderful experience. :D


Anyway no big deal, sh*t happens.
 

GavinGT

Banned
When they ban him like that they are basically suggesting that he is a thief, even after taking his LIVE money. Then the OP had go and prove to them that he is innocent = guilty until proven innocent.

Looks like money well spent on a wonderful experience. :D


Anyway no big deal, sh*t happens.

If you judge companies solely by actions against a tiny minority of their users, I hope you never shop at Amazon again. Just out of principle.
 
I think giving the stores name would be unwise, Microsoft would sic the lawyers on them so fast.

Thats the point. It could be especially bad if the whole service wasnt up and running properly when jabroni played it, then lets say has a bad time with it and thus ends up giving bad press on the game to his friends just because he played it when he wasnt supposed to. Stores have rules like everyone else. If they get sued its their own fault.
 

Persona86

Banned
If you judge companies solely by actions against a tiny minority of their users, I hope you never shop at Amazon again. Just out of principle.

Nah I'm not really judging the whole company on this, just this incident. Xbox is a hit and miss for me, I love some things and hate other things ( as with most things ;) )

I might buy the next Xbox if it has something different and fresh to capture my attention.
But if anything like the RROD type problem happens again, well that will put me off big time, because the RROD was a nightmare for me. I was literally paranoid that it would die any second again while playing because of how many times it happened in the past haha, it was a stressful experience. I never got to finish Lost Odyssey :(

So if they surprise me in a good way next gen they can have all the money they want, but I will be very careful before I give it.
 

Moegames

Banned
I wanna know more about this: How can you tell based on packaging? Is the disc printed differently from your/343's print-run or what?

Curious how OP got burned on a "non-legit" copy more than him breaking street date.

I think you are misunderstanding him..simply because if it was a copied, replica non legitimate game..it would mean his console would need to be one of those altered xboxes or what ever these pirates call them ..in that case he would deserve to be banned if he was able to play a non genuine halo 4 game..ie not from the manufacture...correct me if i am wrong
 

jrDev

Member
I would say the same about you. I can't even fathom going into a store and 'buying' something without a receipt or a proof of purchase. That just sound incredibly stupid. The store could turn around and say you stole it, and you would be fucked.
Yea wtf!

*looks at name matty2Dfraud*

Oh...

I love the entitlement in the post about "my country too*

MS should and will continue to ban people like this and if you don't have receipt when you buy something from the store in this day and age...you stole it...
 
Yea wtf!

*looks at name matty2Dfraud*

Oh...

I love the entitlement in the post about "my country too*

MS should and will continue to ban people like this and if you don't have receipt when you buy something from the store in this day and age...you stole it...

Ya man seriously. Who the hell doesnt keep a receipt of a game thats not out yet on a console that has a big tendancy to break. Come ooooooon.
 

Persona86

Banned
Well as I said before couldn't the just lock the online mode till release?

No, because the press are using it for their reviews (with a disclaimer message meant only for the press about how this build does not represent the final build's state on release day) and they themselves are using it to finish up their preparations. The op would have gotten this message as well, but that doesn't mean he wouldn't have come on here or somewhere else to talk about it. Which is exactly what they're trying to prevent this... for the millionth time..
Easy solution, all official press have to register their username to get access to Online before release. Everyone else will be blocked from playing online until the game gets released.
 

Moegames

Banned
Banning a paying customer is bad business. The fact that they think its their only recourse is surprising. Their inability to whitelist gamer tags for unreleased games is dumb. Whether they are within their rights isn't very interesting.



Banning paying customers because your retailer screwed up winds up hurting you.

It is bad business but when a company gets so big....they can do things like this without any loss, seriously. EA has done many tacky moves on their consumers and they do not lose a wink of sleep at night. MS can do what they want....they are that big so they can, unfortunately.

I think banning the OP for playing early is very tacky...i do understand why MS does not want people playing their game early...but to toss customers to the curb like nothing just feels so tacky ...when someone or something ..like a company gets so big they start losing their sensitivity....this goes for anything that gets too powerful,etc. Its like why a lot of super rich and/or powerful people lose their sensitivity towards others..There needs to be a better system implemented, if they really cared.

I prefer eating at small locally owned steak houses,restaurants,etc rather than a big well-known nation wide steak houses, restaurants,etc.....better service, better care and sensitivity to their customers and best of all...better food.

Like i mentioned before...look at all the crap EA has pulled on their consumers and they can get away with it..because they can.
 

Moegames

Banned
I imagine it went something like this:

OP walks into mom and pop game store...

OP: "Whassup...Obama...Romney sucks....dude....Halo 4 is going to rock."

Store clerk: "Hell ya it is, we actually just received the copies."

OP: "Really?!! Can I buy it?"

Store clerk: "Nope, can't break street date, we'll get in trouble."

OP: "C'mon man, don't be such a corporate shill. I won't tell anyone, besides, I'm in here 4 days a week."

Store clerk: "Sigh.....alright man, just don't, I REPEAT, DON"T GO ONLINE WITH IT, as it may ban you and get us in trouble. I'm sticking my neck out here to make you happy since you're a regular customer."

OP: "No problem man, I know not to go online."

OP goes home, plays game online, gets banned, forgets kindness of store clerk, bitches about it like a child.

I'm sick of people playing the victim card when they fuck up. You KNEW you were getting into something a little dirty (shit, this ain't drugs or prostitutes or tax evasion, just games) so it's really nothing. But you knew. The store was doing you a favor by selling to you early ( do you really think they needed this early sale?). You got caught, deal with it like a fucking man, go back to Hot Topic to see if they have any more Jack merch.

Do you always believe and react to people from you're imagined scenarios? Dude..that's scary..REALLY scary lol
 

Dartastic

Member
Installing my legit copy now. I'm gonna just try and stay offline for a while, but hopefully Xbox support will come through if I mistakenly hop online and get the ban hammer.

dcQYr.jpg


Edit- haha it's upside down. Stupid phone.
 

FINALBOSS

Banned
You mean online passes, on-disc DLC, etc.. right? Microsoft payed $1,000,000,000 to deal with the RROD and offers a 3 year warranty for it, including free shipping. I got a free month of live out of being without an XBOX for two weeks, and one of my friends got a free game. Not that it excuses the RROD, but their response wasn't just "things break". That's being blatantly disingenuous.

They did all that shit cause they got their ass sued rofl. Give me a break.
 
No hate intended or anything, but I thought it was pretty much universally known that buying before release day is something that is great and all but definitely an at your own risk thing if you take it online.
The OP knew that they were getting it early and knew the risks.
The store definitely did not sell it, and boo them except that everyone else wishes that they knew of a store just like it and would not hesitate to buy early also.

Nobody wants to take responsibility for their actions. It's much easier to blame MS for trying to keep piracy at bay.

The guy is even getting unbanned even though his copy is kind of shady and people are still whining. Why would anyone expect MS to just assume he has a legit copy and investigate futher into his specific case when nobody is supposed to have the game right now?
 

Pezking

Member
Why would anyone expect MS to just assume he has a legit copy and investigate futher into his specific case when nobody is supposed to have the game right now?

As soon as the game has been shipped out to retailers, they'd be foolish to think that anyone can completely enforce a street date without any exceptions. It'd be terribly naive to assume that there won't be any legal copies of the game sold too early.

I'm still waiting for what's happening on friday. A lot of smaller shops will start selling the game as soon as that around here (Germany, Austria, Switzerland). There will be thousands of retail copies sold before the weekend.
 

DD

Member
Haha, I got Forza Horizon days before it's release, but nothing happened to me. =) But yeah, I was a little scared, but I wanted that game so much that I couldn't resist when I saw it on the shelf of my local store. *¬*
 
Microsoft's terms of use specifically states a policy of "at will" when it comes to banning a console. Meaning they can have a reason, or they can have no reason. And they don't need to tell you that reason.

In short, bro, you're fucked.
 

Lothars

Member
I can't believe anyone is defending Microsoft for banning someone that bought the game legitly even if the store shouldn't have sold him the copy.

Microsoft deserves to be raked over the coals for this and called out.
 
Guys, Microsoft is going to unban the guy. They're rectifying their mistake.

The majority of people who would play Halo 4 online now are still people who have obtained the game illegitimately, and so deserve to be banned. If I were MS, I wouldn't be taking chances with that, too.

If innocent people like Skellington get caught in the crossifre, they can get it fixed. As is happening right now.
 
Guys, Microsoft is going to unban the guy. They're rectifying their mistake.

The majority of people who would play Halo 4 online now are still people who have obtained the game illegitimately, and so deserve to be banned. If I were MS, I wouldn't be taking chances with that, too.

If innocent people like Skellington get caught in the crossifre, they can get it fixed. As is happening right now.

Raising hell on a highly visible video game message board is what fixed the problem. Average Joe gamer would be SOL.
 
Wow we get 14 days XBL Gold with Halo 4? I'm happy.

Except people were getting banned even if they never went online because the 360 keeps a play log that it phones back to microsoft... so next time you get online for any purpose you could still get banned.

(edit) lol fail quote. Meant to quote the person who originally posted the picture.
 
I can't believe anyone is defending Microsoft for banning someone that bought the game legitly even if the store shouldn't have sold him the copy.

Microsoft deserves to be raked over the coals for this and called out.

Again, not defending MS but blaming the store. He would have never been banned if the store didn't break their contract and sell the game early. His problem is with the store, not with MS but he is protecting the store as he knows and admits that he shouldn't even have the game.

If nothing else, this situation brings to light stores breaking street dates. It is the mom and pop stores most likely breaking street dates and they are only hurting themselves since the street dates are there so smaller shops can compete with big box retailers.

As the saying goes, one bad apple ruins the bunch.
 

soldat7

Member
Microsoft's terms of use specifically states a policy of "at will" when it comes to banning a console. Meaning they can have a reason, or they can have no reason. And they don't need to tell you that reason.

In short, bro, you're fucked.

Stinkles. Stinkles. Stinkles. People. Stinkles.
 
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