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[spwolf]

MS could argue that by posting information on twitter he was a publisher, and therefore he was breaching an embargo against publishing info (an NDA is a different matter, since he didn't sign one).

lol, what? Embargo is obligation from NDA.

How do you think this works, unless you sign agreement, Microsoft cant enforce anything against you. Only thing enforceable without you signing anything is the law.

This is all about consumer rights... Microsoft does not think that consumer has any rights.

 

[zainetor]

Lol. That GAF overreaction.

Something bad was bound to happen after the positive UI demo.

I cant believe that some people still dont know what a banned console, means...

 

[Chucker]

Although judging by his video and tweets, he seemed like a decent guy that wouldn't have a stolen copy. It was awesome watching how excited he was last night.

He was for real stoked, and it was contagious. I was excited for him, he seemed like Joe Consumer not caring about how many P's and just playing games and checking menus.

 

[jem0208]

Yeah, and that was from 5 hours ago. I didn't really understand the overreaction.

Because people would rather complain than actually look at the entire story.

It's actually quite funny considering the guy himself understood why they had banned him and wasn't all that annoyed.

 

[RoKKeR]

Well this turned into quite the shitstorm. Twice as many posts about how the dude got banned than the actual info itself.

 

[blame space]

seriously why don't we get this guy an account.. I thought we were the nexus

 

[ironcreed]

The takeaway is that everything seems to be working great after he got the update. Should calm some nerves a bit.

 

[Prine]

Found the tweet I mentioned, so he can still use his console

Whos so blinded by hate to think the console itself was bricked? Gaf hysteria when it comes to anything MS is going to be great material to look back on post launch.

 

[Sydle]

It can't be said enough what a dumb, shortsighted move this is.

Not allowing a person to use an unfinished service? It would be the equivalent of letting a consumer walk into an unfinished store where they were still building out the shelves.

His console is functional, just can't do things online (because they aren't quite finished).

 

[ChitoCrisis]

Found the tweet I mentioned, so he can still use his console

Ah ok, that's great! I thought his console was banned from use completely. Now that would be terrible.

Like others have said, blocking him from Xbox Live for the time being is understandable since not everything is ready or done supposedly.

But why remove his youtube videos? That's wrong.

 

[railGUN]

This guy needs to upload tons of video to a site that won't block them because of bullshit reasons.

Fuck MS for taking down his video.

 

[Bgamer90]

Draw the line of logic for me between press embargoes and this. Thus far, all you've done is go "Activision has an embargo, ergo that's why this guy got banned!"

It's the equivalent of saying "A meteor flew over Russia and then Edward Snowden fled there, the two must be connected!"

Uhhh... I don't see what's so "illogical" about what I said. MS more than likely has an automated system up so that people who aren't part of press get blocked after trying to get into online features.

 

[shinra-bansho]

MS could argue that by posting information on twitter he was a publisher, and therefore he was breaching an embargo against publishing info (an NDA is a different matter, since he didn't sign one). Whether a court would rule that I'm not sure, but that would be MS's argument.

Uh... I don't think you can be under embargo without actually agreeing to be under embargo. There are no contractual arrangements here.

He wasn't sent any information, software or hardware by Microsoft. He didn't agree to any embargo of information through prior arrangement with Microsoft. He simply received a product he bought earlier than release date.

And notwithstanding that, the punitive action isn't related to any embargo of information. He's lost access on his system to online services.

Media outlets agree to and adhere to embargoes because they want to retain access. Even if he was associated with a media outlet, if he hadn't expressly agreed to any embargo or NDA, he would be free to post whatever he wanted (at the risk of losing future access obviously.)

 

[mentallyinept]

I am trying to get in touch with him…but I guess he is still sleeping from his all night Xbox One bender. I hopefully can chat with him today and get this sorted out ASAP.

Thanks for getting on this, Major.

Hopefully this doesn't pop up in more places, it really shouldn't take you getting involved to prevent someone from losing live privileges just because a retailer screwed up.

 

[dallow_bg]

Whos so blinded by hate to think the console itself was bricked? Gaf hysteria when it comes to anything MS is going to be great material to look back on post launch.

Who the hell said his console was bricked?
The only people saying that were the very few people thinking he never got they system update.

Banned console is not ok. And I'm glad they're going to rectify that.

 

[hawk2025]

Because people would rather complain than actually look at the entire story.

It's actually quite funny considering the guy himself understood why they had banned him and wasn't all that annoyed.

lol, saying that he will talk to his lawyer in the morning is not being annoyed?


lol

 

[Korezo]

this.

I learned so much last night then in the past few months by MS, i loved the leaks and pics, and also exposed dat EA next gen haha, but we all knew that was gonna happen.

What was that EA next gen? I wasn't following anything because info was too spread out. Everytime I came in here I was lost.

 

[Snubbers]

Yes for customers they are the same. Customers are not beholden to embargoes and street dates. NDA signing press members and retail stores are beholden to it. It's like trying to force a customer at a restaurant to wash their hands in the bathroom because the sign says only employees are required to do so.

I agree customers are not beholden to embargoes or NDA's.. but you can't expect a company to not do what they can to stop people outside of the embargo/NDA from making that embargo/NDA worthless..

That is all..

 

[level44]

Is the original video uploaded anywhere else. I didn't get to see it. Thanks.

 

[Alx]

Ah ok, that's great! I thought his console was banned from use completely. Now that would be terrible.

Like others have said, blocking him from Xbox Live for the time being is understandable since not everything is ready or done supposedly.

But why remove his youtube videos? That's wrong.

Yeah the youtube videos removal is more debatable... there should be nothing wrong with the unboxing in particular (especially since Major Nelson already did one, so it's not like he's leaking anything secret).

 

[papercamm]

lol, saying that he will talk to his lawyer in the morning is not being annoyed?


lol

I think him talking to his lawyer had more to do with his Youtube videos being taken down.

 

[ironcreed]

He is blocked from going online because the console does not release for two weeks. Why the fuck does everything have to be blown up to such huge proportions?

 

[Maninthemirror]

Banning a console for not doing anything illegal just goes to show MS thinks the console is only rented out to gamers and they don't really own anything

He is blocked from going online because the console does not release for two weeks. Why the fuck does everything have to be blown up to such huge proportions?

Because MS is treating the customer as if he rented the console

 

[rjinaz]

Whos so blinded by hate to think the console itself was bricked? Gaf hysteria when it comes to anything MS is going to be great material to look back on post launch.

I think only a couple of misinformed people were saying that, most everybody knew he could use single player as it was stated before. The point was, he got a banned console message and it was not made clear if or when that ban would ever be lifted. Are you familiar with how Live handles bans because it is usually no explanation and no recourse? For all anybody knew the ban was permanent.

Now we know that is not the case since Major Nelson is on top of it. It is easy to try and make others seem foolish for overreacting after the fact.

 

[MJLord]

What was that EA next gen? I wasn't following anything because info was too spread out. Everytime I came in here I was lost.

Same here, I'd love to see his videos, did anybody rehost?

 

[Cryolemon]

lol, what? Embargo is obligation from NDA.

How do you think this works, unless you sign agreement, Microsoft cant enforce anything against you. Only thing enforceable without you signing anything is the law.

This is all about consumer rights... Microsoft does not think that consumer has any rights.

I doubt every media outlet everywhere has signed an NDA, but Microsoft would consider all of them bound by any embargo (whether that's enforceable is a different issue).

 

[mentallyinept]

He is blocked from going online because the console does not release for two weeks. Why the fuck does everything have to be blown up to such huge proportions?

Because there are other caveats to this story. We only just found out that he won't lose live privileges permanently.

 

[Zephyrus]

he wasn't. only sonygaf has found another reason to be angry about a console they will never buy so the rest of gaf have to suffer it. it's getting tiresome.

in light of having "defending consumer rights" being treated as being "sonygaf" I will now treat "stupidity" as "microsoftgaf".

Just seems apropriate.

 

[DirtyLarry]

Seems like all the good stuff always happens while I am sleeping here on GAF.
Anyway, good to see it seems the situation is going to be rectified.
This dude did nothing wrong at all. He just got a console shipped to him when he should not have. That's it.
Although with that said, it is very, very questionable to me how Target messed the ship date up that poorly. It is not like it is even coming out next week.
Regardless, do not think an instant banning, even temporary, was the smart move whatsoever.
As already pointed out, this whole fiasco has perhaps been the best press they have seen since e3.

 

[jem0208]

lol, saying that he will talk to his lawyer in the morning is not being annoyed?


lol

Pretty sure he was referring to them taking his video down. He would have got a lot of views and potential ad revenue from that vid.

 

[dallow_bg]

He is blocked from going online because the console does not release for two weeks. Why the fuck does everything have to be blown up to such huge proportions?

There's a big difference between getting a message your console has been banned, and a notice that Online services are currently unavailable.

If this hadn't gotten some exposure, I bet that console would have stayed banned even after the 22nd.

 

[Bgamer90]

Banning a console for not doing anything illegal just goes to show MS thinks the console is only rented out to gamers and they don't really own anything

Or it shows that MS probably has too much faith in retailers to stick to the release date of their console.

I'm pretty sure that the current, seemingly automated feature in place that caused this will be gone once the system is released on the 22nd.

 

[ironcreed]

Because they've done this over less and made it permanent.

But they are not doing that here and now, on the incident in question. The console is not even released, but he will be fine when it does and everything goes live for the public.

 

[tbm24]

in light of having "defending consumer rights" being treated as being "sonygaf" I will now treat "stupidity" as "microsoftgaf".

Just seems apropriate.

Or simply stop perpetuating silly labels that have no place in discussion. I'd go for that personally.

 

[Petrae]

If they don't want the general public to have access on the Xbone until the 22nd, then that's what it is. No sense of entitlement is going to change that.

Indeed, we live in a world where paying for something and expecting to use it when we receive it has a negative "entitlement" connotation instead of being "expected".

It's no wonder the console video game industry is slowly eroding the rights consumers once had. Its consumers welcome such erosion.

 

[Prine]

Because people would rather complain than actually look at the entire story.

It's actually quite funny considering the guy himself understood why they had banned him and wasn't all that annoyed.

His rights werent being championed, anyone thats been here over the past few months knows this when it concerns MS recently. Day one patch, OS, Snap even the UI video there were people tryibg thier best to bismerch Xbox one.

 

[IHaveCandy]

If I were that guy, I would have sold the Xbox or videos of using the Xbox to Kotaku. I doubt they get much from Microsoft officially and would pay a good sum of money to be able to run lots of exclusive stories about using the Xbox One early.

 

[cyberheater]

I am trying to get in touch with him…but I guess he is still sleeping from his all night Xbox One bender. I hopefully can chat with him today and get this sorted out ASAP.

Good news. Thanks for coming in this thread to let us know you're sorting it out.

 

[NoirVisage]

Pretty sure he was referring to them taking his video down. He would have got a lot of views and potential ad revenue from that vid.

He's not entitled to any of that "ad revenue" off of microsofts product. Not their biggest fa, but they have rights to.

 

[SHADES]

same as myself, started in 2011 When the value of Xbox 360 and MS stopped for me on the lack of games and variety (Started playing my PS3 more then) , I kept an open mind come the events, I was far more impressed with Sonys system and their targeting of a gamer in mind..

It went then from PS4 #1 and Considered a second console Xb1 #2 (but their very few 1st Party exclusives, money hatting "buying games" without giving back to the industry)

Their PR and disgusting Anti-consumerism and corporate attitude with us just being spreadsheet numbers turned me away to ONLY #PS4... I wont buy an X1 This or next Year, but if MS turn it around, open some 1st party studios, and creating thier own games, sort out their PR... Im on board again as a second system.

Exactly the same for me except I didn't pick up a PS3 until after the XBone reveal, prior to that I've owned PS1& PS2's.

Most of my XBL friends were totally against MS post reveal but since the Titanfall "acquisition" they've gone back to XBone preorders, personally can't justify 2 consoles before Christmas but will most probably pick up an XBone shortly after.

 

[SmokinGunZ1981]

Who the hell said his console was bricked?
The only people saying that were the very few people thinking he never got they system update.

Banned console is not ok. And I'm glad they're going to rectify that.

Why is a banned console until the release date of the service not ok?

 

[ironcreed]

There's a big difference between getting a message your console has been banned, and a notice that Online services are currently unavailable.

If this hadn't gotten some exposure, I bet that console would have stayed banned even after the 22nd.

Sure, we can speculate either way. But as it stands, he will be fine.

 

[Wishmaster92]

I am trying to get in touch with him…but I guess he is still sleeping from his all night Xbox One bender. I hopefully can chat with him today and get this sorted out ASAP.

Thanks for keeping xbox fans updated Major.

 

[Maninthemirror]

same as myself, started in 2011 When the value of Xbox 360 and MS stopped for me on the lack of games and variety (Started playing my PS3 more then) , I kept an open mind come the events, I was far more impressed with Sonys system and their targeting of a gamer in mind..

It went then from PS4 #1 and Considered a second console Xb1 #2 (but their very few 1st Party exclusives, money hatting "buying games" without giving back to the industry)

Their PR and disgusting Anti-consumerism and corporate attitude with us just being spreadsheet numbers turned me away to ONLY #PS4... I wont buy an X1 This or next Year, but if MS turn it around, open some 1st party studios, and creating thier own games, sort out their PR... Im on board again as a second system.

Same as me. It all started with kinect

 

[dallow_bg]

Why is a banned console until the release date of the service not ok?

Do you know the implications of the word banned?
Reread my post.

If anything he should have just not been able to connect with a notice given about the official launch date.

 

[Sydle]

His tweets suggest he understands why it's not allowed online yet and he's cognizant that posting vids to YouTube may not be okay. He seems chill about it.

Why did GAF blow up at this? Just a matter of jumping to conclusions is all I see.

 

[FrankT]

Incredibly hilarious thread.

 

[Sho_Nuff82]

Not really. It's Microsoft's network, they can regulate it as they see fit. You are a paying guest, that's all. It will now be the same with PS+.

If they don't want the general public to have access on the Xbone until the 22nd, then that's what it is. No sense of entitlement is going to change that.

"You're not wrong Walter. You're just an asshole." - The Big Lebowski

Yes, technically MS has the right to ban people from the service for any reason. No, doing so before an already shaky launch is not a good idea, especially when the user in question was generating positive interest.

 

[Neuromancer]

There's a big difference between getting a message your console has been banned, and a notice that Online services are currently unavailable.

If this hadn't gotten some exposure, I bet that console would have stayed banned even after the 22nd.

Oh absolutely. There's no doubt in my mind.

 

[DietRob]

seriously why don't we get this guy an account.. I thought we were the nexus

Some of us have a moto x

ok only 3 of us.