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Originally Posted by Hellmark
Is Xbox Live advertised as a feature, or the availability of Xbox Live advertised as a feature? Here in the US, it is the availability, which does make for a legal difference, although most people cannot tell the difference.
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Yeah, they just mention the feature etc. I've not seen it marketed as a built in feature so much. Most of the marketing focuses on Gold which is the pay service, and just mentions that silver is available.
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Originally Posted by Hellmark
If they didn't have some control over their network, then things would run amuck. Couldn't do anything with cheaters, or people who do try to ruin things for others.
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Exactly. Companies have to have control over who they allow on their network. Maybe they could do a better job of not getting false positives in who they ban etc.--but again, as someone said earlier, it can't be that many innocent people being banned or their would be a huge stink about it especially as much as people hate Microsoft.
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Also, if it wasn't legally valid, why haven't they been challenged so far? Pretty much all of the suits I've seen have been thrown out.
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Agreed. Especially in the US. Maybe there are some more issues in other countries where they have tighter regulations of business etc. But again, seems like we'd be hearing about class action law suits etc. if there was a solid case--as greedy civil lawyers would jump all over it if they though there was a clear case here.
They no they aren't going to win a case involving people getting banned from a companies network for modding consoles, as it can easily be argued that most people doing it who were banned were playing pirated games, cheating etc.--not a very sympathetic set of defendants. At most you'd get some required change to make sure they weren't banning people who hadn't modded for that purpose.