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Originally Posted by DawnFalcon
PKFFW - So then anyone who mods a console should automatically be written off, quite probably forever, as a revenue stream for the games industry? Ask the music industry how well that one's working out for them, eh?
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Should everyone single one automatically be written off? No. But you can never satisfy all of the people all of the time. The overwhelming majority of people who mod their Xbox do so for one reason only, to buy pirated software. They do not intend to ever buy legitimate software and trying to pander to them at the expense of those who do buy legitimate software seems silly to me. Sure, some genuine people who mod their Xbox for purely noble and legitimate reasons will be caught up in the banning and will very likely be pissed off and may never buy a legitimate game again. That is unfortunate but really can't be helped because we do not live in a perfect world.
As for how it is working out for the music industry........the situations may be similar but they are not the same. As you have pointed out the % of people unwilling to pay for games is very small whereas the % of people unwilling to pay for music is comparatively quite high. So of course you need to pander to them in order to try to get them to pay. Further, as you pointed out, reducing the cost of games to a point where this small % would be willing to pay is entirely impracticable. So again, why try pandering to them?
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Originally Posted by DwanFalcon
I am not suggesting doing nothing, I am suggesting that Microsoft are doing the *wrong* thing. Modded console? Oops, there goes your account (and associated purchased content, achievements and gamerscore). New account? Mod check...if the console's been unmodded, welcome back.
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That's another suggestion.
Which method is "right" and which is "wrong" is entirely a matter of opinion though.
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Originally Posted by DawnFalcon
Also, I think you misunderstand how contract law in the UK works. If there was action taken against Microsoft for false advertising and breach of contract by a user, and they won? Yes, the liscence terms would be tossed.
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Firstly, my original statement was that regardless of the advertising, purchase of the Xbox does not bestow any
right to access the Xbox live service. You claimed this was not so.
Now, regardless of the false advertising(which in itself is entirely up for debate as MS has not been found guilty of such), purchase of the Xbox simply does not bestow the
right to access Xbox live. Especially if one does not abide by the terms and conditions.
IF MS were found guilty of false advertising I guarantee you the worst that would happen would be that MS would be hit with a fine.
Perhaps some of the terms and conditions would be changed. In the end though, the courts would
not rule that all people who have purchased an Xbox 360 now have the
right to access Xbox live regardless of any fee or terms and conditions. That is simply the "pragmatic" or realistic view.
Further, I truly find it very hard to believe that MS has used such different adds in the UK to the ones they use in Australia. Not a single person I have ever met here in Australia believes that buying an Xbox automatically, free of charge and without terms and conditions attached, bestows the right to access Xbox live. So maybe MS decided to just be a whole lot more honest with the Australian public but I don't really believe that.
Cheers,
PKFFW