Xbox Live console bans - an update

David Heath
Thursday, 12 November 2009 09:42

Your IT - Home IT

Microsoft issued a statement to clarify the action it has taken to disable the Xbox Live accounts of 'modded' units.

Further to a recent iTWire article on the disconnection of at least 600,000 Xbox Live user accounts Microsoft has made a public statement backing up their action.

"Important Notice about CONSOLE BANNING: Microsoft is actively banning consoles from Xbox LIVE as part of our commitment to combat piracy and support safer and more secure gameplay for the more than 20 million members of our Xbox LIVE community. All customers 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 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."

Reading the Terms of Use, the specific clauses 'in contention' are quite numerous.  In section five, titled "How You May Not Use the Service," there is "use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service."

In section 12, "You may not copy, download, modify or create derivative works, publish, transmit, sell or attempt to sell or transfer, or otherwise use or exploit any software unless we or our suppliers have expressly allowed you to do so."

In Section 13, "Except as expressly stated in this Section 13, you may not reproduce, distribute, perform, display, create derivative works from or otherwise use the Special Video Content.  You may not modify, reverse engineer, reverse compile, decompile or otherwise attempt to derive the source code of any element of the Special Video Content.  You may not attempt to circumvent any copyright protection technology or alter or remove any copyright management information contained in any Special Video Content."

But, it is Section 16 that has the kicker.