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So Target shipped someone an Xbox One already? [Update: console-banned until launch]

pretty much i would think unless MS stops the auto bans

but thats how they do it on 360 and that will be how it works on the One.

If you play a unreleased game on 360 well before the street date or in some cases 2 days before, it gets your console banne dbecause they think its pirated
Ok, that makes sense I guess.

Although I have a 360, I don't have a Live account so I wasn't sure how it worked. I mostly game through Steam, where if you fuck up with a game, you're just banned from playing that game online. You can still play everything else, and of course all the other features of Steam still work.
 

Marvel

could never
They finally started to look good to me after watching that 12 minute dash demo. I was really impressed.

Oh right yeah, that was a nice video. I forgot amongst all the negativity.

I just really want this guy to get unbanned, it's so wrong.
 

Derpcrawler

Member

For fucks sake, people told it multiple times already, he got banned for unboxing video, FUCKING UNBOXING video, console wasn't even on or connected to TV. How can you even put copyright claim on unboxing video which falls under fare use and reviews. I wouldn't be surprised if it backfires on Microsoft since false copyright claims are punishable.

Jesus, so many apologists with Stockholm syndrome.
 

DeviantBoi

Member
After launch, should people expect any XBone DVR footage that shows the console in a negative light to be taken down by Microsoft?
 
It's great to see a genuine gamer be excited like it's x-mas morning. Good for this guy and bad for any company that would insult gamers for being excited for something they paid for in full, and got shipped to them.

If this was me I would also be doing the same in showcasing everything I could to my friends here and elsewhere. It's nice to have an excited non journalist review such a product in this joyous time of gaming.

We learned more from this guy, than we did in the last year or so from everywhere else, and it was just about all positive. Go figure....
 

CrisKre

Member
He can't sue MS because he can recover his money and expenses from Target, should he not opt to just get a new console at the date of promised delivery. Brochures are irrelevant because he could not have reasonably expected the product to be delivered before the agreed date of delivery, in particular in the context of a new product launch.
He should expect the product reasonably delivered WHEN HE RECEIVES IT!

He shouldn't be punished for receiving a product. Period.
 
The people defending these anti consumer bannings are making me really fucking see how toxic of a place NeoGAF is. Jesus christ what is wrong with you people
 
I hate to be that guy considering at some point I will actually buy an XB1... but when have Microsoft ever looked good this year? it's just one colossal fuck up after another PR wise.

If this guy isn't unbanned by the 15th I'm sure he will have a pretty solid case against them.

They've done some decent things, then they fuck it up.
Aw, come on! I was having a good Microsoft day! Free Killer Instinct, more games on PC, and a cool kinect feature. Why'd you have to mess up and do an interview?

It's like they can't help themselves.
 
Shitty for MS to ban such a good fan, this seeds out a horrid message to everyone waiting for the console. With less than 2 weeks before launch let a fan be a viral marketer, he'll sing the praises and tell everyone that he's sure the problems will be fixed. Some companies pay people 200 a day to do this, MS bans them.
 

Mugatu

Member
Microsoft did copyright claim to take it down. And that guy is actually a YouTuber, so they flagged his account for 1 strike as well, he lost thousands of views from this and it potentially can harm his income.
And it sounds like a false claim. If the DMCA weren't an anti consumer sham then that part of the act would be enforced as well and MS would get in trouble for it but sadly the government doesn't enforce that stuff.
 

DryvBy

Member
The people defending these anti consumer bannings are making me really fucking see how toxic of a place NeoGAF is. Jesus christ what is wrong with you people

It's not GAF. It's the internet. People wouldn't say this if not behind a keyboard. They wouldn't have anyone to tell it to anyway because really dumb people usually don't have friends.
 

Yagharek

Member
Microsoft did copyright claim to take it down. And that guy is actually a YouTuber, so they flagged his account for 1 strike as well, he lost thousands of views from this and it potentially can harm his income.

So Im guessing *if* posting shit on youtube is enough to be banned, this entire gen is going to be fucked with all sorts of cutbacks on people sharing walkthroughs or impressions etc.

It might actually be worse. How is it copyright infringement to make an unboxing video of a product you own? It's simple abuse of the Youtube reporting system to maintain their embargo.

Both equally bad imo, since they have the same end result.

Of course if its a ban for youtube footage, that strikes me as vexatious.
 

syllogism

Member
He should expect the product reasonably delivered WHEN HE RECEIVES IT!

He shouldn't be punished for receiving a product. Period.
Right, and he isn't being punished if he has remedies available, which he does. Target and the buyer both knew that this product may not function before the launch date and therefore the goods are non-conforming and performance has not been fulfilled. Shipping a product that does not work until the implicitly agreed date shifts the risk of loss to the buyer, which is not acceptable and therefore Target has to accept the product back and make a proper performance.
 

Ark

Member
I would bet money Sony would not ban a customer if the exact same thing happened with a PS4.

Continuing to fall on their sword after banning paying customers who got your console or game early, attempting to take away those same paying customers consumer rights. Yeah I've seen less dedication to actual family members.I don't think Sony is dumb enough to do those kinds of bans.

I don't think they would either, but it's still not a risk I would be willing to take.
 

BigDug13

Member
Right, and he isn't being punished if he has remedies available, which he does. Target and the buyer both knew that this product may not function before the launch date and therefore the goods are non-conforming and performance has not been fulfilled. Shipping a product that does not work until the implicitly agreed date shifts the risk of loss to the buyer, which is not acceptable and therefore Target has to accept the product back and make a proper performance.

And how does he remedy his youtube source of income?
 
B

bomb

Unconfirmed Member
Right, and he isn't being punished if he has remedies available, which he does. Target and the buyer both knew that this product may not function before the launch date and therefore the performance has not been fulfilled. Shipping a product that does not work until the implicitly agreed date shifts the risk of loss to the buyer, which is not acceptable and therefore Target has to accept the product back and make a proper performance.

What? Why would he expect it not to work? I expect anything that is sold to me as new to work.
 

JLeack

Banned
Stockholm Syndrome

No, I just love all games and manufacturers. I'm not going to sit here spitting on MS like you guys because I'm on some anti MS quest.

The guy used a product weeks early knowing he shouldn't be, and even used it for self promotion. Then he gets punished and is upset about it enough to cry about it to the world.

I find it justified and completely within reason.

so shoot me for not bearing a Sony emblazoned lightsaber.
 

AHA-Lambda

Member
Fucking ridiculous, the guy was "unlucky" enough to get his new console early that he paid for and then gets banned? His CRIME was to give MS his money for their product.

I have fucking had it with Microsoft's asinine behaviour. Apart from the DRM reversal they have done nothing right with the XB1. We know MS reads had so get this guy unbanned and get your head out of your fucking arseholes.

I don't think EA needs to worry about winning Worst Company in America next year at this rate.

EDIT: there are people defending this?! There are apologists for everything, AAARRRGGGHHH!!
 
I'm assuming the video has been banned on the grounds of transmitting an artistic work. The artistic work in this case being the packaging material where copyright subsists, namely the logos, or possibly literary works in terms of any manuals he may have shown.
 
free to do what he wants with it.

So one user is free and the other isn't?

I'm not saying one way or another. I'm merely just sharing a link that says he was banned for the Youtube video. I gave no opinion one way or another when I posted that, which is why I'm confused as to why derpcrawler is jumping down by throat about it.

cyberheater said the guy got banned for posting the video. BruiserBear said "tales from your ass." I was just sharing the link that says it indeed was because of the Youtube video. I'm not saying whether it's right or wrong in any way. Just sharing information.
 

Tsundere

Banned
I would bet money Sony would not ban a customer if the exact same thing happened with a PS4.

Continuing to fall on their sword after banning paying customers who got your console or game early, attempting to take away those same paying customers consumer rights. Yeah I've seen less dedication to actual family members.I don't think Sony is dumb enough to do those kinds of bans.

Would be hard for Sony to ban since you don't ever need to connect your PS4 to the internet for it to work, or to get the update.
 

syllogism

Member
What? Why would he expect it not to work? I expect anything that is sold to me as new to work.
You were sold a product that is tied to a service that can reasonably be expected to begin at the date of launch and the date of promised delivery. There is a mandatory date 1 patch even.
 

Xater

Member
I'm assuming the video has been banned on the grounds of transmitting an artistic work. The artistic work in this case being the packaging material where copyright subsists, namely the logos, or possibly literary works in terms of any manuals he may have shown.

No they just made a bullshit copyright claim. It's too easy to do that on Youtube and people abuse it. See the recent incident with Totalbiscuit where a company made a copyright claim because they didn't like how he talked about their game.
 

C Jones

Member
It's unreal. Why couldn't someone from the Xbox team (Pinello, Major, etc.) send him a Skype chat and explain to him that they have to take his console offline until launch (or hell make him feel special, lift the ban the day before launch or something). Chat him up for a half hour, let him know you appreciate his enthusiasm and passion for the system. Give him some easy "insider info" that you don't care if it gets leaked at this point (voice commands he may not know about, profile switching with Kinect, etc.). Send him a $20 MS card and you come out of this thing looking like, you know, actual people with beating hearts work at MS. Yet again MS looks like this big dumb heartless corporate machine that's concerned about protecting themselves and media outlets more than people that are actually buying the damn system. At minimum you send this guy a message on twitter assuring him he'll be unbanned at launch.

And this is coming from someone who has the thing pre-ordered for Day One. You had people in this thread second guessing their canceled pre-orders for the thing and MS does this. It's unreal how often they trip over their own two feet right now. There's two sides to every story, so maybe there's something I'm missing. But MS looks ridiculous if they don't address this whole thing soon.
 

BigDug13

Member
No, I just love all games and manufacturers. I'm not going to sit here spitting on MS like you guys because I'm on some anti MS quest.

The guy used a product weeks early knowing he shouldn't be, and even used it for self promotion. Then he gets punished and is upset about it enough to cry about it to the world.

I find it justified and completely within reason.

so shoot me for not bearing a Sony emblazoned lightsaber.

Loving all games and manufacturers no matter what they do is a huge problem for me. It's what has allowed "paid online" to become the norm and it's what has allowed banning consoles for no violations of the law to be accepted.
 
No, I just love all games and manufacturers. I'm not going to sit here spitting on MS like you guys because I'm on some anti MS quest.

The guy used a product weeks early knowing he shouldn't be, and even used it for self promotion. Then he gets punished and is upset about it enough to cry about it to the world.

I find it justified and completely within reason.

so shoot me for not bearing a Sony emblazoned lightsaber.
Why should everyone know not to use a product they paid for that got shipped early? And did this particular guy say at some point he shouldn't be using his console?
 
B

bomb

Unconfirmed Member
No, I just love all games and manufacturers. I'm not going to sit here spitting on MS like you guys because I'm on some anti MS quest.

The guy used a product weeks early knowing he shouldn't be, and even used it for self promotion. Then he gets punished and is upset about it enough to cry about it to the world.

I find it justified and completely within reason.

so shoot me for not bearing a Sony emblazoned lightsaber.

Why shouldn't he be? It was a good that he paid for in full that was delivered to his residence. Its called a transaction.
 
If Target breaks a street date, why should the consumer be punished for receiving something he paid for?

Just keep the PR pain train coming, Microsoft. I know they aren't the only company that hates a broken street date, but as usual Microsoft is deaf to community sentiment.
 
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