but receipt with what date, before or after being banned?Shouldn't he have a receipt now? The Halo 4 release date passed and all.
but receipt with what date, before or after being banned?Shouldn't he have a receipt now? The Halo 4 release date passed and all.
but receipt with what date, before or after being banned?
The fact that he made himself a fat target but playing the game early and can't show a receipt to prove that he didn't steal the game, sucks for him but I don't blame M$. They are a huge company who is going to protect their products.
If this was his only offense on Live they should reinstate him. The pain in the ass he has already dealt with is more that enough considering the alledged crime.
He can show a receipt.
The problem is that MS don't want to see it. Ban now, ask no questions later seems to be the motto.
Microsoft and stinkles should be ashamed of themselves. So should the OP for rolling over so easily.
Oh, I would ask for damage too. I could sue them for this and I would win. I have a receipt, newspapers articles, apologize letters from Amazon.ca. OP do not. OP went to a store, paid cash and without receipt for a game he knew was sold before release date.
I preordered my Vita and got it shipped by mistake. Totally different situation. If Amazon.ca sent me a email saying "We are sorry, but you will not be able to use your Vita until X date. This is our mistake blablabla" then I might be in trouble if I open it and use it. They have a contract with Sony, I dont.
You're hilarious.
As in OPs case, he tried getting help and failed, the only option left for him is to go to court?
4.1. Notice of Dispute. In the event of a dispute, you or Microsoft must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Microsoft Corporation, ATTN: LCA ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399. A form is available at http://go.microsoft.com/fwlink/?linkid=245499. Microsoft will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your e-mail address. You and Microsoft will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Microsoft may commence arbitration.
4.2. Small Claims Court. You may also litigate any dispute in small claims court in your county of residence or King County, Washington, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.
I don't condone stealing whatsoever but it doesn't matter if he did or not, that's irrelevant. He played a legitimate Microsoft game on his xbox360, and Microsoft banned him straight away. That's disgusting.The fact that he made himself a fat target but playing the game early and can't show a receipt to prove that he didn't steal the game, sucks for him but I don't blame M$.
Why did Microsoft (or whoever) allow players to go online before the release date? Was it just a huge dragnet to catch people who may have pirated the game?
Stinkles is fine. He's not responsible for MS's online policies, he was under no requirement to help, but he did try to help, and he specifically did not ask the OP to narc out his store. Stinkles' only crime is that he (as one of the people who helped make the game in question) overestimated his influence with Microsoft and got the OP's hopes up. And he might still be actively trying to get this cleared.
I recall a receipt being mentioned and shown several pages back
You got your vita early. How would you react, hypothetically if someone told Sony, who then bricked it remotely? Today, say.
What recourse would you seek? Or would you accept that the eula says that's fine and move on?
He has never produced a receipt showing the purchase from the date he was banned. He will never show it as he wants to hide where he bought it from.
I would go after the store who sold it early. It is their fault. The OP is hiding the store information to protect them.
He has never produced a receipt showing the purchase from the date he was banned. He will never show it as he wants to hide where he bought it from.
Some of you are acting like he went into a store on release day, bought the game, got his receipt and then came home and was immediately banned. That's not how it happened and that's why I don't have any sympathy for him and that's why I don't blame MS. OP has to take some responsibility for his own actions.
No-one is acting like that. We've read the thread.
That still doesn't account for the fact that banning and losing all digital content is fair for playing a game early. Since when was that a crime?
The fact that he made himself a fat target but playing the game early and can't show a receipt to prove that he didn't steal the game, sucks for him but I don't blame M$. They are a huge company who is going to protect their products.
If this was his only offense on Live they should reinstate him. The pain in the ass he has already dealt with is more that enough considering the alledged crime.
3) Stinkles asked fora picture of the receipt via PM; one dated on release day, I was told, would be fine. I was informed the lapse of certainty in such "proof" was not a problem, and I was assured no recourse would be taken against the store or those working there. I provided a picture of open game and a receipt on launch day. I was informed the appropriate people were notified and the ball was moving, but as time passed and I asked what kind of timetable I was looking at, messages back ceased. I believe private messages, in exact words, should be kept private. That said, I believe this is an accurate "gist" of our back and forth.
He did show them a receipt later. Should probably update the OP with that since people keep going by the first post which mentions he did not get a receipt at the time of purchase.
Nobody says that he committed a crime, we have no proof of that. The TOS find suspicious that he found a early copy and banned him. Simple, and in line with the TOS. He can file a dispute if he want.
He showed them a receipt dated on release day.
Unless he provides evidence he tried to help why should we assume he did? That's the MS way it seems: guilty even if proven innocent.
Stinkles is not Microsoft. He tried to help, and ran into an official Microsoft roadblock. He can't pass that roadblock without a receipt.
Finding a copy early isnt exactly implausible though, is it?
As for filing a dispute, the email he got from MS initially indicated that the case was closed and no negotiation was available to him. His only recourse is small claims court it seems.
The TOS is blatantly unreasonable though, especially when paying customers are treated as guilty first, with no questions asked. Its unjustifiable.
If I were the OP and had paid for any content on credit card, I'd be talking to my bank and investigating the possibility of chargeback on account of microsoft acting fraudulently.
A legit receipt would show a purchase date from the ban date or sooner. Showing one with a purchase date after the ban is a fake one.
The cashier didnt want trouble. He picked up the cash money and simply cash it at the release day. So yeah, its a "fake" one. I do hope the store get in some sort of trouble for that.
Actually he said he paid with credit. They just weren't gonna run the card until release day.
Actually he said he paid with credit. They just weren't gonna run the card until release day.
So I'm reading the thread and it's been asked a zillion times, and I think it should be asked one more timeSo here goes:
Why did you go online? :-/
So, he did "steal" the copy in fact. Yep, he goofed.
It's not stealing, it's credit.
Inception.gif
Getting out of the store with a game is stealing, unless its free or a promotion.
So, he did "steal" the copy in fact. Yep, he goofed.
Getting out of the store with a game is stealing, unless its free or a promotion.
Also.
http://www.youtube.com/watch?v=h4a3y7xetJY
Getting out of the store with a game is stealing, unless its free or a promotion.
Also.
http://www.youtube.com/watch?v=h4a3y7xetJY
A legit receipt would show a purchase date from the ban date or sooner. Showing one with a purchase date after the ban is a fake one.
How is that stealing if they let you walk away with it? Jesus, some of you are doing logical hopscotch to stretch this shit.
notsureifserious
It's not really stealing if it was given to him by a sales associate. Stealing suggests that he defrauded the store, which he didn't if such an exchange was made.
Unless you're joking....
This thread is a good reminder that someone on GAF will invariably defend the indefensible.
I would love to see thebryan's thoughts on this excellent post. Banning and stealing his games is a completely disproportionate and unjustified response irrespective of weasel words and vagaries in the eula. Microsoft are treating him as guilty first, with no recourse available to appeal. This violates all principles of natural justice and is completely despicable behavior.
Microsoft and stinkles should be ashamed of themselves. So should the OP for rolling over so easily.