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http://www.xbox-scene.com/xbox1data/...FAaxoCWGjV.php
美国律师事务所 Abington IP 在其网站发表文章，称微软这次 BAN 机时，屏蔽硬盘安装等功能是得不到法律支持的。其大概观点就是：
× 微软屏蔽和改变主机功能，与 Xbox Live 协议内容无关，例如硬盘安装、Windows Media Center 功能。
× 微软屏蔽和改变主机功能，与盗版无关，例如改装后没玩过盗版。
× 微软涉嫌在未得到用户同意时，非法获取用户的主机信息。
>> Abington IP, a law firm specialising in consumer class actions posted this on their website.
*Update* They updated their text (also including HDD Crippling now. Still no diff made between GT and Console Bans however). Here's their new txt:
引用:
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.
Additional *reported* problems resulting from the bans include, but are not necessarily limited to:
* Disabling/altering Xbox functionality *NOT* associated with Xbox Live (HDD functionality for example),
* Disabling/altering Xbox functionality *NOT* associated with piracy,
* Obtaining information from Xbox consoles without permission of the owner,
* There are other problems/consequenses associated with these bans that have been reported here and elsewhere.
As an aside, PIRACY IS A LEGITIMATE CONCERN for Microsoft and other content producers -- however, (to use a poor analogy) Microsoft has chosen to use one of the most indiscriminate "weapons" in its arsenal in an effort to combat piracy -- as a result, the use of this "weapon" has resulted in a great deal of collateral damage -- many people were affected who had nothing to do with piracy and Xbox console functions that have nothing to do with piracy were also affected or disabled. Details aside, Microsoft's bans could have been more measured.
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 or have experienced other problems as a result of being banned, and would like to participate in a class action against Microsoft, please submit your information below.. |
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发表于 2009-11-28 23:43 · 北京
