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Just got my console (and I assume my account) banned from Live for playing Halo 4.

The fact that he made himself a fat target but playing the game early and can't show a receipt to prove that he didn't steal the game, sucks for him but I don't blame M$. They are a huge company who is going to protect their products.

If this was his only offense on Live they should reinstate him. The pain in the ass he has already dealt with is more that enough considering the alledged crime.

He can show a receipt.

The problem is that MS don't want to see it. Ban now, ask no questions later seems to be the motto.
 

nem8

Neo Member
I think the most important lesson here is that if Microsoft (or any other big company) thinks you did something wrong they can totally f*ck everything up and there is little to nothing you can do about it.

As in OPs case, he tried getting help and failed, the only option left for him is to go to court?


Imagine if your steam account gets closed, Valve states its been closed because of Illegal activity but they do not say what and since you agreed to their ToS you are not entitled to know either. And to top it off you didnt do anything wrong. Lets just for arguments sake say that there was a glitch in their automated systems that made the ban occur.

Considering youre not entitled to even a reason for this ban, its likely that you will just receive a prefab email telling you youre banned. Any attempt to contact a customer service regarding the case will be ignored (worst case) or swiftly dealt with once they see in their systems that your account is indeed closed.

It seems that there is very little to no will to resolve such cases when they happen. This isnt something that is unique to Valve or M$ but to every larger company.
You are at their mercy, or rather at the CSR's mercy.

Its a sick and twisted thing. I live in a country where we have pretty strong customer rights laws, but its still a risk. I mean, Apple almost got banned from selling their products here because of their shitty warrantly clause.
 

Rubius

Member
He can show a receipt.

The problem is that MS don't want to see it. Ban now, ask no questions later seems to be the motto.

What does a receipt prove? He could have bought a new copy or used the receipt of a friend. The reseller didnt make a receipt at the moment, the receipt is nulled and void and this point.
 

Cheerilee

Member
Microsoft and stinkles should be ashamed of themselves. So should the OP for rolling over so easily.

Stinkles is fine. He's not responsible for MS's online policies, he was under no requirement to help, but he did try to help, and he specifically did not ask the OP to narc out his store. Stinkles' only crime is that he (as one of the people who helped make the game in question) overestimated his influence with Microsoft and got the OP's hopes up. And he might still be actively trying to get this cleared.
 

CTE

Member
Oh, I would ask for damage too. I could sue them for this and I would win. I have a receipt, newspapers articles, apologize letters from Amazon.ca. OP do not. OP went to a store, paid cash and without receipt for a game he knew was sold before release date.

I preordered my Vita and got it shipped by mistake. Totally different situation. If Amazon.ca sent me a email saying "We are sorry, but you will not be able to use your Vita until X date. This is our mistake blablabla" then I might be in trouble if I open it and use it. They have a contract with Sony, I dont.

You're hilarious.
 

MIMIC

Banned
Why did Microsoft (or whoever) allow players to go online before the release date? Was it just a huge dragnet to catch people who may have pirated the game?
 
As in OPs case, he tried getting help and failed, the only option left for him is to go to court?

Hey, what do you know, the answer to this question was also in the terms of service.


4.1. Notice of Dispute. In the event of a dispute, you or Microsoft must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Microsoft Corporation, ATTN: LCA ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399. A form is available at http://go.microsoft.com/fwlink/?linkid=245499. Microsoft will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your e-mail address. You and Microsoft will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Microsoft may commence arbitration.

4.2. Small Claims Court. You may also litigate any dispute in small claims court in your county of residence or King County, Washington, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.
 

dose

Member
The fact that he made himself a fat target but playing the game early and can't show a receipt to prove that he didn't steal the game, sucks for him but I don't blame M$.
I don't condone stealing whatsoever but it doesn't matter if he did or not, that's irrelevant. He played a legitimate Microsoft game on his xbox360, and Microsoft banned him straight away. That's disgusting.
 

Yagharek

Member
Stinkles is fine. He's not responsible for MS's online policies, he was under no requirement to help, but he did try to help, and he specifically did not ask the OP to narc out his store. Stinkles' only crime is that he (as one of the people who helped make the game in question) overestimated his influence with Microsoft and got the OP's hopes up. And he might still be actively trying to get this cleared.

Unless he provides evidence he tried to help why should we assume he did? That's the MS way it seems: guilty even if proven innocent.
 

MIMIC

Banned
I know this is probably gonna be belaboring "receipt-gate", but....who buys $60 worth of merchandise without getting a receipt? I mean, what if the game was fucked up and he took it back to the store and the person he bought it from wasn't there? He'd basically be using the same "you gotta believe me" argument to convince the new sales person.

Anyway, has he tried going back to the store to ask for a receipt? Or in this specific case, would a receipt even be relevant (based on how Microsoft bans consoles)?

Let's say he DID have a receipt. Would he still be banned right now?

EDIT: So...he does have a receipt? Anyone know which page that's on?
EDIT #2: N/M. I guess no receipt was produced.
 
I recall a receipt being mentioned and shown several pages back

He has never produced a receipt showing the purchase from the date he was banned. He will never show it as he wants to hide where he bought it from.

You got your vita early. How would you react, hypothetically if someone told Sony, who then bricked it remotely? Today, say.

What recourse would you seek? Or would you accept that the eula says that's fine and move on?

I would go after the store who sold it early. It is their fault. The OP is hiding the store information to protect them.
 

nem8

Neo Member
I dont really get how they can just ban you for playing a game before a certain date.
I mean, shouldnt the boxes come with large warnings etc on them to prevent innocent bystanders from getting banned?

After all , they are only interested in banning pirates arent they?

On a personal note, this doesnt make me want to spend MORE money on my Xbox. Im glad i only bought 60-70 games for it before it started gathering dust. :p
 

Yagharek

Member
He has never produced a receipt showing the purchase from the date he was banned. He will never show it as he wants to hide where he bought it from.

I just checked the OP (complete with his edits) and you are correct. However, looking at his collection I'm inclined to assume he is a legitimate customer even without a receipt (protecting the store no doubt)

I would go after the store who sold it early. It is their fault. The OP is hiding the store information to protect them.

I think if the OP is protecting a store to save them from MS' wrath, he should be asking them for compensation equal to his lost digital content and neutered console.

However I strongly believe a banning is not a fair punishment for playing a game early, and MS should be dragged over the coals for this blatantly disgusting behaviour. Sadly, apathy rules the day and they will never be called on this bullshit. The only thing it proves is that if MS ban for breaking street dates for fear of piracy, it suggests they can't discern between pirate copies anymore (in some cases) and don't want to let that cat out of the bag.
 
He has never produced a receipt showing the purchase from the date he was banned. He will never show it as he wants to hide where he bought it from.



Exactly, dude bought a copy that "fell of a truck" for a steep discount and doesn't want to implicate his friend would be my guess.

And some of you seem to be forgetting that when he went online with it to wag his dick, he was submitting to LIVE's TOS and waving a flag, saying "hey look at me MS, I'm playing your game early!" If he would have played his early game offline, he would have been fine and it would have been the smart thing to do if you're gonna acquire a game by shady means.

Some of you are acting like he went into a store on release day, bought the game, got his receipt and then came home and was immediately banned. That's not how it happened and that's why I don't have any sympathy for him and that's why I don't blame MS. OP has to take some responsibility for his own actions.
 

Yagharek

Member
Some of you are acting like he went into a store on release day, bought the game, got his receipt and then came home and was immediately banned. That's not how it happened and that's why I don't have any sympathy for him and that's why I don't blame MS. OP has to take some responsibility for his own actions.

No-one is acting like that. We've read the thread.

That still doesn't account for the fact that banning and losing all digital content is unfair for playing a game early. Since when was that a crime?
 

Rubius

Member
No-one is acting like that. We've read the thread.

That still doesn't account for the fact that banning and losing all digital content is fair for playing a game early. Since when was that a crime?

Nobody says that he committed a crime, we have no proof of that. The TOS find suspicious that he found a early copy and banned him. Simple, and in line with the TOS. He can file a dispute if he want.
 

chaosblade

Unconfirmed Member
The fact that he made himself a fat target but playing the game early and can't show a receipt to prove that he didn't steal the game, sucks for him but I don't blame M$. They are a huge company who is going to protect their products.

If this was his only offense on Live they should reinstate him. The pain in the ass he has already dealt with is more that enough considering the alledged crime.

He did show them a receipt later. Should probably update the OP with that since people keep going by the first post which mentions he did not get a receipt at the time of purchase.

http://www.neogaf.com/forum/showpost.php?p=44850209&postcount=1769

3) Stinkles asked fora picture of the receipt via PM; one dated on release day, I was told, would be fine. I was informed the lapse of certainty in such "proof" was not a problem, and I was assured no recourse would be taken against the store or those working there. I provided a picture of open game and a receipt on launch day. I was informed the appropriate people were notified and the ball was moving, but as time passed and I asked what kind of timetable I was looking at, messages back ceased. I believe private messages, in exact words, should be kept private. That said, I believe this is an accurate "gist" of our back and forth.
 

Yagharek

Member
Nobody says that he committed a crime, we have no proof of that. The TOS find suspicious that he found a early copy and banned him. Simple, and in line with the TOS. He can file a dispute if he want.

Finding a copy early isnt exactly implausible though, is it?

As for filing a dispute, the email he got from MS initially indicated that the case was closed and no negotiation was available to him. His only recourse is small claims court it seems.

The TOS is blatantly unreasonable though, especially when paying customers are treated as guilty first, with no questions asked. Its unjustifiable.

If I were the OP and had paid for any content on credit card, I'd be talking to my bank and investigating the possibility of chargeback on account of microsoft acting fraudulently.
 

Cheerilee

Member
Unless he provides evidence he tried to help why should we assume he did? That's the MS way it seems: guilty even if proven innocent.

Stinkles is not Microsoft. He tried to help, and ran into an official Microsoft roadblock. He can't pass that roadblock without a receipt that implicates a store and was dated before the OP was tagged online. Somebody else with connections tried the same thing, and hit the same roadblock. The OP is banned as a suspected pirate for being online early. That's just how it works.

But Stinkles knows a guy who knows a guy who has the power to override official Microsoft protocols. Stinkles is using his own personal influence to try and convince this other guy to use his own personal influence to get a powerful third somebody to make a special exception in the OP's case. That's not easy, and if you know how power at these upper levels works, just making that request (whether it works or not) may have burned up more favors than the monetary value of the OP's new Xbox. And Stinkles doesn't have to do any of this. Don't paint him with the same brush as Microsoft.
 

Rubius

Member
Finding a copy early isnt exactly implausible though, is it?

As for filing a dispute, the email he got from MS initially indicated that the case was closed and no negotiation was available to him. His only recourse is small claims court it seems.

The TOS is blatantly unreasonable though, especially when paying customers are treated as guilty first, with no questions asked. Its unjustifiable.

If I were the OP and had paid for any content on credit card, I'd be talking to my bank and investigating the possibility of chargeback on account of microsoft acting fraudulently.

They warn you before you buy anything. "HEY, WE MIGHT BAN YOU AND REMOVE YOUR ACCESS TO YOUR STUFF. IF YOU ARE OKAY WITH THIS PRESS I ACCEPT". You decide if you want to buy there or not. If Mcdonald put a Burger with brains in it, and they put a warning under it, and you buy it, and are disgusted by it, you cant go back and ask for a refund. We warned you, so... yeah. Your fault.
Ignorance is bliss until it hit you in the face.
 

Rubius

Member
A legit receipt would show a purchase date from the ban date or sooner. Showing one with a purchase date after the ban is a fake one.

The cashier didnt want trouble. He picked up the cash money and simply cash it at the release day. So yeah, its a "fake" one. I do hope the store get in some sort of trouble for that.
 

Zoe

Member
The cashier didnt want trouble. He picked up the cash money and simply cash it at the release day. So yeah, its a "fake" one. I do hope the store get in some sort of trouble for that.

Actually he said he paid with credit. They just weren't gonna run the card until release day.
 

Yagharek

Member
OK, I'm done with the discussion. I understand people are arguing from the point of the TOS/EULA, but I find it completely reprehensible that nuking an account and console is fair play for the indiscretion of playing a game before an important marketing date.

Anything further I say on the issue will merely be going around in circles, so I wish you all a good night and hope that nothing like this ever happens to your accounts.

But if it does, I hope you come around to a more pro-consumer mindset and realise why this shit from MS should not be allowed to stand.
 

MIMIC

Banned
So I'm reading the thread and it's been asked a zillion times, and I think it should be asked one more time :) So here goes:

Why did you go online? :-/
 

plastik

Member
So I'm reading the thread and it's been asked a zillion times, and I think it should be asked one more time :) So here goes:

Why did you go online? :-/

Because according to Microsoft, you won't get banned for playing legitimately acquired games early.
 

Pre

Member
My brother worked at GameStop years ago and let a guy have his reserved copy of Madden early because he wasn't going to be around for the midnight release.

The dude went online with it and EA traced it back to my brother's GameStop and he got canned. I don't know if the customer got banned from Live, though.
 

Vorg

Banned
So, he did "steal" the copy in fact. Yep, he goofed.

wut.

Seriously, this shit is as anti-consumer as it gets. And the fact that even people who work for microsoft can't revoke the ban is just lol worthy. There's just no excuse for something like this to happen.
 

Striek

Member
If an owner or employee lets you take the game out of the store, its not stealing in any way shape or form. As far as I can tell he got the game early due to a connection and got banned for playing it online. Thats grade A bullshit.
 

Pezking

Member
A legit receipt would show a purchase date from the ban date or sooner. Showing one with a purchase date after the ban is a fake one.

The problem is that he was banned at all in the first place, when MS obviously had no idea if he was playing a legit copy or a pirated one.

If they were sure that he was playing a pirated copy (and this is the only scenario where a ban would be justified!), they would have never asked for his receipt.

Banning users based on a hunch and then making it their job to redeem themselves is a horrible way to treat your customers.
 

Rubius

Member
How is that stealing if they let you walk away with it? Jesus, some of you are doing logical hopscotch to stretch this shit.

If my friend who worked at a game store give me a game and I go back home with it without paying or him paying, I did steal it or at least I am the complice of a theft. Except if he's the owner.
 

Rubius

Member
notsureifserious

It's not really stealing if it was given to him by a sales associate. Stealing suggests that he defrauded the store, which he didn't if such an exchange was made.

Unless you're joking....

A Tim horton near my city was robbed. Turned out that 2 ex employee and two current employee planned all of this so they can share the money. So, since two employee gave the guys the money, are you saying its not stealing?
The only person who can authorize a free giveaway is the owner of the store. And I doubt any serious owner will give a free Halo 4 days before release, because it can put him in trouble. A lot of trouble with the second largest Game company out there.
 

Rubius

Member
This thread is a good reminder that someone on GAF will invariably defend the indefensible.

Being pro-consumer do not mean being always on the side of the consumer. The consumer in this case went against the TOS, and did so without any warranty from the store by accepting of taking a game, without paying and without receipt.

In this case, Microsoft is pretty much perfect. the only thing I would hope is for him to get his Gametag back, but hey I like my achievements.
 

BibiMaghoo

Member
I would love to see thebryan's thoughts on this excellent post. Banning and stealing his games is a completely disproportionate and unjustified response irrespective of weasel words and vagaries in the eula. Microsoft are treating him as guilty first, with no recourse available to appeal. This violates all principles of natural justice and is completely despicable behavior.

Microsoft and stinkles should be ashamed of themselves. So should the OP for rolling over so easily.

Thebryan was just pointing out what we all agreed too, and that MS are within rights to do so, and he / she is correct.

But this is neither now, nor has ever been about the right MS has to do it. It's about how morally repulsive such action is, and how it leaves a customer with little choice or solution to the matter unfairly.

It is a pre-emptive action by Microsoft to protect their interests at the cost of fairness to actual paying and loyal customers. This is something that has cropped up a lot this gen with other companies also.
 
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