Users with illegally modified consoles get banned from Xbox LIVE.

xbox live -
xbox live -

Larry Hryb, Xbox LIVE director of programming, has confirmed that Microsoft has handed out Xbox LIVE bans to a small percentage of Xbox 360 consoles that have been illegally modified in order to play pirated games.

"In our continued effort to keep gameplay safe and secure for our community of more than 14 million members, Microsoft has taken action against a small percentage of Xbox 360 consoles that have been illegally modified in order to play pirated games," said Hryb. "You should know that modifying your Xbox 360 console is also a violation of the Xbox LIVE terms of use, will void your warranty and result in a ban from Xbox LIVE."

Hryb added: "The health of the video game business depends on customers paying for the genuine products and services they receive, both from manufacturers and the local companies that support them. We will continue to employ and bolster anti-piracy security measures to counter piracy in the gaming industry and improve security in the Xbox LIVE community."

It's good to see Microsoft taking action against those who feel it's OK to play pirated games.

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User Comments

Ogre's Avatar

Ogre

Hehe, sounds like the Bush administration's recourse policy in action :P
Posted 11:10 on 14 March 2009
tomdys's Avatar

tomdys@ SixthPhoenix

Hi SixthPhoenix, I'm experiencing exactly the same problem - did you ever get anywhere with this?
Posted 18:30 on 13 March 2009
FantasyMeister's Avatar

FantasyMeister@ SixthPhoenix

Good luck with your case, I had to edit out the call reference #'s as they provide too much information to anyone who might want to try to tamper with your XBox Live account.
Posted 07:55 on 21 November 2008
SixthPhoenix's Avatar
Delete Post

SixthPhoenix

I've been banned unjustly...Below is a letter I'm posting on as many sites as possible stating my case:

I am writing to inform you of my problems with
dealing the the Xbox Live Support Staff. This morning, 15 November 2008, my Xbox 360 console stopped connecting to
Xbox Live. I initially thought it was a problem with
my internet connection, and spent a few hours today trying different things to get the issue
resolved. However just an hour ago, I learned that it was not an issue
with the internet connection at all, but that my Xbox
360 Console had been banned from connecting to Xbox
Live for an alleged violation of the Xbox 360 Terms of
Use.

I hereby state in the plainest language possible,
my Xbox 360 console (i bought it from Best Buy 1 year ago) has not been modified, hacked, or
tampered with in any way, and furthermore, this
console has not been used to cheat in any way on the
Xbox Live service. I have done a fair amount of
research on the internet, and apparently I am not the
only customer who has been unfairly banned.

Here is a summary of my Xbox live activity leading up to my ban notification. My last login to Xbox Live was on 10-11th November 08 to play Halo 3 and download (with legally purchased points) Metallica's latest album for GH III. I was out of town on business 11-14 Nov 08 and when i returned home and tried to login into my account on 15 Nov, I recieved notification through the network test of my console ban.

I placed a call to Xbox Live customer service twice this morning. The first Xbox Live team representative was very rude and before abruptly hanging up on me basically accused me of knowingly tampering with my Xbox 360 console. The second Xbox live rep I talked with, Lan (reference call number: ----------) and third rep, Danny (reference call #: ------------)
were both very polite and certainly acted within company
policy but they refused to explain for what reason the
console had been banned, and he also refused to
examine the console to see if Microsoft had made a
mistake in banning it.

I understand that this gentleman was simply doing his
job, however, telling a customer that there is "no
recourse" for consoles that have been banned is an
absolutely outrageous policy, as it allows no room for
error on the part of Microsoft.
I believe the situation regarding the banning of
my console to be an error on the part of
Microsoft.

I would greatly appreciate if you could assist me in
resolving this matter and having my console unbanned
from the Xbox Live network. I will gladly send my
console in to Microsoft to be examined or provide any additional requested information/details if you believe
my console has been tampered with. However, if I do not
receive assistance on this issue, I have not rule out
seeking legal action to resolve this matter. I've already submitted numerous complaints on the internet through organizations such as the Better Business Bureau and have been posting this letter on numerous xbox and consumer watch forums. Next week I plan on filing paperwork in small claims court seeking costs to replace my unjustly banned console.
Xbox 360 consoles are expensive, and I'm
not interested in shelling out another $300-$400 because Microsoft made a mistake.

I appreciate you taking the time to listen to my
complaint, and hope that you are able to help me
resolve this issue quickly and amicably.

Sincerely,

SixthPhoenix
Posted 07:48 on 21 November 2008
pblive's Avatar

pblive

How do I back up my TV?

I thought about using a similar method and just nicking a spare one from the Currys shop in case mine gets scratched... ;)
Posted 11:40 on 14 November 2008
RecoN's Avatar

RecoN

Well i thinks its a bit sh*t for players like myself who would like to backup there games, but good for piracy. Then again i dont play online wit my elite so it would not effect me unless dlc is availible for a game.

However MS should tackle the sitution with backups, by providing a program on disk that allows a player to backup there games with a signature encoded for that certain console. Maybe something could be worked on that idea, but it could be possible.
Posted 11:20 on 14 November 2008
xboxlive's Avatar

xboxlive

what can i say? its all right good on you MS.
Posted 12:16 on 13 November 2008
Sense's Avatar
Delete Post

Sense

Well done Microsoft. Hopefully it will reduce piracy. This backup is an old one, you can get scratched disks replaced. The back up is generally one step away from, piracy, i.e. giving the back up to a friend.

This ban simply bans the xbox from xbox live, it doesn't brick the console as far as I know!!!
Posted 09:06 on 13 November 2008
Karlius's Avatar

Karlius

In agreement rogue soul. I myself have never used pirated or back up media for games. Don't see the point. Especially with the new update.

But most of these consoles have not been chipped they have simply re-flashed their firmware on the DVD-ROM Drive making them able to read -R media for games. This is not illegal but does void your warranty as the case has been opened.

( However I have heard of a case where a person opening his console restored his warranty as he suggested it's his console and he is allowed to do as he wishes as long as he has not broken anything. This used to be the case with PC manufacturers such as dell but they too have backed down.)

As PBLive suggested its opposite most cases there are no chips or OS changes. But most of these cases are breaking the law by downloading games. I just think banning and bricking consoles is the wrong route just because they cannot re-flash the DVD-ROM devices remotely. All it will do is cause more development and mainstream the piracy. AKA. Drm
Posted 15:53 on 12 November 2008
Rogue_Soul's Avatar

Rogue_Soul@ Karlius

Quote:
Originally Posted by Karlius
This will upset a few people who believe it's their right to backup media.

Well, they 'should' only be upset for another week or so. When the NXE arrives on Nov.19th - they'll be able to install their games to the 360's HDD. Making (illegal) back-ups even more redundant.

I just feel sorry for all those people who are now going to buy second-hand consoles from retailers, consoles which have been traded in by modders/pirates and alike, only to discover they'll be inoperable for XboxLive. Tragedy.
Posted 15:40 on 12 November 2008
FantasyMeister's Avatar

FantasyMeister@ Karlius

Quote:
Originally Posted by Karlius
Actually mate Copyright Law states that you are allowed to back up any media you have purchased for archive.

Read ELSPA's take on it. Not really a good example as ELSPA are pro-gaming industry so they're bound to take this view. Nonetheless it's a view that I, as well as a recent court rulings, agree with.
Posted 15:26 on 12 November 2008
pblive's Avatar

pblive

Bcking up media is fine, it's chipping the console which initially involves backwards engineering of the OS and circumnavigating the OS for users who have the chip fitted.
Posted 15:23 on 12 November 2008
Karlius's Avatar

Karlius

Actually mate Copyright Law states that you are allowed to back up any media you have purchased for archive. Thus your original goes in a safe and you use the copy. Before producing another archive you must destroy the first. If an End User License Agreement (Those silly things you have to tick yes too before using an app/game) states differently it is in breech of copyright law and is therefore meaningless. Only know this as i studied it at university last year and read a case about the World of War Craft.

Posted 15:18 on 12 November 2008
Woffls's Avatar

Woffls

I think Microsoft might want to give a unique code to each disk, and once it's activated under one account/console/hard drive it can't be used elsewhere.

On one hand you could backup this disk and they could let them work because it would still have matching codes. But really it will just annoy everyone else because It will destroy the second hand market and you wont be able to take games round a friends house anymore. I really hope nothing like this happens, and hopefully they can learn from EA/Ubisoft's mistakes on PC DRM.
Posted 14:43 on 12 November 2008
FantasyMeister's Avatar

FantasyMeister@ Karlius

Quote:
Originally Posted by Karlius
Is this against the law as it is agreed that you are allowed to back up media.

Agreed with whom? Backup laws date back to the age of floppy discs which were fragile, there is absolutely no reason whatsover these days to create backups of videogame CDs which come with a 90 day warranty.

Scratched a CD? You can fix it.
Received a CD that doesn't work? Your retailer will replace it.
CD collection nuked in a house fire? You're insured.
Snapped a CD in half? Your problem.
Posted 14:19 on 12 November 2008