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November 18, 2009 // 10:00 pm - Update: As expected, according to FinancialPost.com Microsoft stated, to quote: "Piracy is illegal and modifying an XBox 360 is a violation of the XBox Live Terms of Use. Microsoft is well within its legal rights to ban these users from XBox Live."

Today IncGamers.com (linked above) have reported that Abington IP, a law firm specializing in consumer class actions, has started an investigation into the recent XBox Live bans.

Users who were banned from the service may wish to fill out the form available and take part in a Class Action Lawsuit against Microsoft if you were not refunded a prorated sum for the time left on your subscription.

To quote: "An investigation is currently being conducted regarding business practices of Microsoft with respect to its recent cancellation of certain modified Xbox consoles for use with Xbox Live.

As has been reported widely in the media, tens of thousands of Xbox owners have had their modified Xbox consoles banned from Microsoft's online gaming service Xbox Live. Although modification of Xbox consoles is against the terms of use for Xbox/Xbox Live, Microsoft "conveniently" timed the Xbox console ban to occur just after the release of the new Call of Duty: Modern Warfare 2 game and less than two months after the release of the very popular Halo 3: ODST game.

This "convenient" timing may have resulted in more Xbox Live subscription revenues for Microsoft than it would have generated had these Xbox console bans taken place at some time before the release of Call of Duty: Modern Warfare 2 and Halo 3: ODST.

Additionally, sales of both Call of Duty: Modern Warfare 2 (published by Activision) and Halo 3: ODST (published by Microsoft Game Studios) would likely have been greatly diminished had the Xbox console ban occurred prior to the release of these games.

If you are an Xbox Live subscriber, had your modified Xbox console banned from Xbox Live, were not refunded a prorated sum for the time left on your subscription, and would like to participate in a class action against Microsoft, please submit your information."

Abington IP Starts Banned XBox Live Class Action Investigation

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#10 - boxnkk1028 - November 30, 2009 // 11:52 am
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everybody needs to realize who cares who burns games and who dont people cant afford to pay 60 for a game and beat it in 2 days and other people have kids and everything else so look at it this way.. who cares microsoft sucks, go buy a ps3 way better dont have to worry about getting banned.

#9 - semitope - November 24, 2009 // 12:19 am
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Quote Originally Posted by cfwprophet View Post
But they have to pay for the online service to play the game with other humans!!
M$ are the biggest Mafia i ever seen in real life

Yep. Unless mods = cheating ppl shouldn't be banned from live.

#8 - cfwprophet - November 23, 2009 // 11:38 pm
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But they have to pay for the online service to play the game with other humans!!
M$ are the biggest Mafia i ever seen in real life

#7 - Chris9092 - November 19, 2009 // 9:54 pm
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Honestly, LOL. They have no chance, in HELL of winning this.

Banning people before the release of these games wouldn't have affected the sales because these people don't buy the games. They pirated them, precisely the reason as to why they got banned.

And like most ToS's is pretty much states "We can do whatever we want to your account, whenever we want to, for whatever reason we want to".

So, yeah, good luck with this.

#6 - DMagic1 - November 19, 2009 // 3:12 pm
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The hardest thing they will have to defend is the things they have done that have nothing to do with piracy or xboxlive. There is no excuse for those things. I believe a change would have to come.

#5 - banksc - November 19, 2009 // 12:16 pm
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The timing argument will be thrown out. This isn't the first time they have done bans, so trying to say this particular ban rampage coincided with COD and 2 months (!!!) after Halo is a stretch, at best. Everyone is just looking to get some $$, despite clearly violating the terms. You know these lawyers will jump on anything that has a potential pool of tens of thousands of defendents!

#4 - Dreamcatcher - November 19, 2009 // 12:15 pm
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If you read the TOS, it states if they disconnect you they do not have to give you back your money!

This will be a waste of time....

#3 - p00chie - November 19, 2009 // 9:57 am
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sure it is time to investigate. i don't think that microsoft can withstand this. they just keep doing whatever they want.

i think they are not the only one doing this

#2 - semitope - November 19, 2009 // 6:06 am
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They can win should the investigation find evidence to support a case. I think what MS is doing is shady on some level.

#1 - victorinox - November 19, 2009 // 12:22 am
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this made me laugh quite a bit...

I dont see how anyone could hope to win, no matter when they did it, you can claim it was another thing... just like when i use to cheat on Halo 2.

i spent atleast 5/12 months banned from XBL, and i kept doing it without question and would only be able to play for 1 - 2 days, but reguardless i knew doing it would result in a ban, just like they did =\