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

scsa

Member
Apr 5, 2010
474
0
0
Dear Microsoft,
Don't you think it would be great if you only took the videos/pictures (of the console in question) down and not screw over one of your customers? And in turn hold yourself from providing potential costumers such as me and others, not to purchase the console at all?
 
May 11, 2009
28,952
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It doesn't apply to this case, since it falls under fair use and reviews, he was reviewing the hardware/package/whatever. Those don't fall under copyright law... anywhere.
I did wonder about that as I'm sure they've applied US copyright law (I do UK law where fair use defences are only just coming into force). However, there are parts of the packaging and the manuals where copyright will subsist.

Does anyone know whether fair use/review defences are vitiated by the fact that he stood to make money out of posting his Youtube videos? i.e. you can't use that defence because a large part of the purpose of posting the video is to make commercial revenue from you Youtube account.
 

hwy_61

Banned
Feb 17, 2012
9,729
0
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Chicago-ish?
What a crazy turn of events, I went to bed at 2 AM actually pretty sold on the Xbone and thinking "hey they turned it around, this looks awesome". Now I find out they were total dicks to this guy.

Did they ban the console or just his Live ID?
I think they usually do the console.
 

onlyindreams

Banned
Oct 10, 2010
2,071
0
0
What's really wrong is people like you who seem to never have anything good to say, at least when it's about the XBox.

The future of Gears of War thread and your response,



XBox One and how quickly it boots and your reply is this,



I honestly think some of you guys need to step back because you're getting way too worked up trying to antagonize anyone who doesn't share the same hatred as you.
good job ignoring the posts where I say how much i loved my 360 and that there are games like quantum break and sunset overdrive and halo coming out i want for this thing. there's a reason some of us are so negative about this console. It's been proven every single god damn day lately by this horrible corporation. Some of you are just too blind in your allegiances to see it.
 

Revolutionary

Member
Sep 13, 2007
20,144
2,913
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Brooklyn, NY
Microsoft has always been ban-happy when it comes to early releases so this isn't entirely surprising. Shitty situation for the guy with the early console though.
 

BigDug13

Member
Dec 20, 2006
20,190
1
0
Except that Microsoft has told others that they are free to ya their early consoles in the verge article so what you're saying is proven false.mhe wasn't banned because of early release he was banned for making a YouTube video. And console bans have not been temporary before, granted maybe that's changed but there is no evidence for that.
But the verge article said the other gamer was told "you can do what you want with it". Doesn't that wording include youtube videos?
 

Louis Cyphre

Banned
Jun 5, 2011
5,321
818
470
What a crazy turn of events, I went to bed at 2 AM actually pretty sold on the Xbone and thinking "hey they turned it around, this looks awesome". Now I find out they were total dicks to this guy.

Did they ban the console or just his Live ID?
I think the system. It was one of my fears if they were to adopt those earlier policies since the system is so reliant on being connected.
 

syllogism

Member
Dec 14, 2004
8,944
0
1,160
Why on earth should this guy go through all the trouble? HE DID NOTHING WRONG.
If the console that was delivered to him did not work due to a hardware failure, he would also have to return it even though he did nothing wrong.
 

Glorified G

Member
Jan 24, 2012
7,966
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For MS to ban the console of one of the few gamers willing to invest in a launch console because a retailer decided to ship it early beyond the consumers control is by far one of the most fucked things I've seen any company do.

The consumer didn't go to the store and buy it early, it was shipped. And was paid in full. Unreal.
 

op_ivy

Fallen Xbot (cannot continue gaining levels in this class)
Jun 7, 2004
25,431
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1,680
its the halo 4 bannings all over again. really fucked up. can someone link me to the banning post/news?

For MS to ban the console of one of the few gamers willing to invest in a launch console because a retailer decided to ship it early beyond the consumers control is by far one of the most fucked things I've seen any company do.

The consumer didn't go to the store and buy it early, it was shipped. And was paid in full. Unreal.
thats the funny part. should he have just left it in the box for a few weeks? sent it back? lol. i would be so fucking furious
 

iBuzz7S

Banned
Oct 23, 2011
167
0
0
It's amazing how much a lot of you know something, about something you know nothing about.

Go and get a copy of Gran Turismo 6 and start uploading gameplay and images across all social media sites. Include your PSN username. See how long that lasts.
 

sunofsam

Member
Aug 6, 2013
965
0
335
I was actually starting to warm up to the idea of an Xbone down the road. Instead, I'm cancelling my Gold subscription today. It's amazing to me that there are enough people that don't care about stuff like this that companies like Microsoft can continue to treat their costumers like shit.
What? This is the straw? You haven't done it already.

Please cancel and Show proof. Otherwise stop blowing smoke.
 

Portugeezer

Member
Dec 11, 2008
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NO it doesn't....he didn't sign any forms, he didn't agree to not post footage of an item he bought and paid for online. He's not a fucking paid off journalist, who had to sign top secret NDA agreements with the cooperations before opening the system. It was his to do what he wanted with it, and no fucking street date should stop him from doing what he wants with something he legally purchased, and was sent to him early by mistake.

God...this is bull shit that anyone is finding a reason that this is okay.
I don't think it's okay, but him playing shouldn't be a problem so it must be the Youtube videos. That is all I can think of.
 

hornetpie

Neo Member
Aug 7, 2013
149
0
0
just on a tangent for a second youtubes copyright infringement rules are bullshit

it puts the onus on the uploader not the content owner to prove the infringement

in a court of law its the opposite and thats the way it should be

no copyright infringement is occured when a fucking box is opened.

copyright

the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.


so is Microsoft claiming copyright because they have their own Xbox one unboxing video? lol

also he wasn't banned for youtube seriously think about it. Its the weekend, you honestly think people went to youtube looked at guys gamertag, plugged it in and said ban?

nope, it was all automated.

They did however go to YT and do the copyright infringe (although microsoft has probably outsourced this to a specialist company, and thus you know there is no margin for reaosnable use in that case. They are probably told IF XBOX ONE AND FINAL PLEASE REMOVE.)
 

Salex_

Member
Sep 13, 2013
3,836
0
0
It's amazing how much a lot of you know something, about something you know nothing about.

Go and get a copy of Gran Turismo 6 and start uploading gameplay and images across all social media sites. Include your PSN username. See how long that lasts.
Sony too?
 

Batigol

Banned
May 31, 2013
5,909
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Geez, they console banned him? Seemed to be all positive stuff when I was reading it last night. What happened? Or is there a post where it happened?
 

Louis Cyphre

Banned
Jun 5, 2011
5,321
818
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good job ignoring the posts where I say how much i loved my 360 and that there are games like quantum break and sunset overdrive and halo coming out i want for this thing. there's a reason some of us are so negative about this console. It's been proven every single god damn day lately by this horrible corporation. Some of you are just too blind in your allegiances to see it.
What allegiance is that exactly? I have not preordered anything and I actually use my PS3 a lot more than my 360. So to somehow deflect and suggest you have nothing but love for your 360 by mentioning RRoD in a topic about how fast the XBox One boots up is questionable at the very least of your true motives. My allegiances lie with how much entertainment I get out of these systems, not by going full scale war against them and polluting every thread with how much I hate them now.

For MS to ban the console of one of the few gamers willing to invest in a launch console because a retailer decided to ship it early beyond the consumers control is by far one of the most fucked things I've seen any company do.

The consumer didn't go to the store and buy it early, it was shipped. And was paid in full. Unreal.
Agreed, and the ban should only last until the release date. If anything MS should be talking to Target, not focusing on the person who received the system.
 

hornetpie

Neo Member
Aug 7, 2013
149
0
0
It's amazing how much a lot of you know something, about something you know nothing about.

Go and get a copy of Gran Turismo 6 and start uploading gameplay and images across all social media sites. Include your PSN username. See how long that lasts.
you won't get banned on PSN.

I have not seen in the past street dated broken games get bans on PSN for being played early. Nor have i had to tell Sony my psn id when i've had early software

Microsoft we have seen numerous times.
 

BigDug13

Member
Dec 20, 2006
20,190
1
0
It's amazing how much a lot of you know something, about something you know nothing about.

Go and get a copy of Gran Turismo 6 and start uploading gameplay and images across all social media sites. Include your PSN username. See how long that lasts.
I'd rather you just tell me the result since you seem to know. I don't feel like going through all that just to figure out what result you're expecting when you could just tell me.
 
Sep 20, 2005
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I just can't believe he got it this early. I was really shocked last night. I can see two or three days ahead of time but he got his more than two weeks out.
 

dallow_bg

nods at old men
May 8, 2007
28,696
4
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Texas
www.dolefulorange.com
It's amazing how much a lot of you know something, about something you know nothing about.

Go and get a copy of Gran Turismo 6 and start uploading gameplay and images across all social media sites. Include your PSN username. See how long that lasts.
Except he never posted gameplay videos to YouTube.
It was an unboxing. "Something you know nothing about" eh?

And lol at the "Sony too" defense as if that's a meaningful one.
 

hornetpie

Neo Member
Aug 7, 2013
149
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0
but the console ban doesn't stop the leaks if anything it would make him say fuck it and just post tons more


how ? well he has access to the entire day one UI now, even offline
 

Cizard

Member
Oct 29, 2012
402
0
390
It's amazing how much a lot of you know something, about something you know nothing about.

Go and get a copy of Gran Turismo 6 and start uploading gameplay and images across all social media sites. Include your PSN username. See how long that lasts.
Just because Sony might also do this doesn't make it okay. This is about Microsoft banning paying customers because they use their product too soon. It has nothing to do with Sony.
 

Briarios

Member
May 18, 2009
4,208
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0
Tampa, FL
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.
There is no justification for taking away a paid service for doing something completely legal. He paid for the system, he paid for XBox Live, the system was used in a normal manner. This is completely arbitrary. There is nothing in the TOS that would indicate he would get banned for showing images of his product or using it. Street dates are set for retailers, not consumers. They're not laws, that's why there is no legal remedy for Microsoft when something occurs -- so, instead, they try to bully people.

Hey, and here's news for you - self-promotion is what our system is about. Democracy is self-promotion. Capitalism is self-promotion. It's a good thing - it's how we share information about ourselves, our likes, our desires, our pains. Or, are you suggesting that the only ones worthy of self-promotion are multi-billion dollar organizations that have thousands of outlets from which to proclaim their message? Because clearly this one dude with Twitter and YouTube accounts, by your definition, doesn't deserve the same respect as a corporation.

That's messed up on so many levels.

P.S. Microsoft doesn't need you to protect them - they pay out millions every year for public relations agents to do it.
 

Petrae

Member
Nov 19, 2006
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It's amazing how much a lot of you know something, about something you know nothing about.

Go and get a copy of Gran Turismo 6 and start uploading gameplay and images across all social media sites. Include your PSN username. See how long that lasts.
If I preorder it from Megalomart and it arrives two weeks in advance of its release date, I will do just that. And if Sony bans me from PSN and/or bricks my console, I'll raise holy hell just like I am here.

I bought and paid for the product.
It arrived before the expected date. Unless the game ships with a "Do not play before" warning, I'm not going to sit and stare at it for two weeks. I'll play it, share info on it, and get my money's worth from it.

(Besides, Gran Turismo 6 will probably take two weeks to install and patch before I can play it, anyway.)
 

Portugeezer

Member
Dec 11, 2008
19,877
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London
abload.de
its the halo 4 bannings all over again. really fucked up. can someone link me to the banning post/news?
This is more fucked up.

With Halo 4 some people were playing pirated copies and shit, they had an excuse for the "accidental" banning...

Banning for Xbox One? Nothing is pirated, nothing bad on the users part, if I got my shit early I would want to play it too. This is bullshit, whatever the reason.
 

Revolutionary

Member
Sep 13, 2007
20,144
2,913
1,425
Brooklyn, NY
It's amazing how much a lot of you know something, about something you know nothing about.

Go and get a copy of Gran Turismo 6 and start uploading gameplay and images across all social media sites. Include your PSN username. See how long that lasts.
I streamed Uncharted 2 in its entirety a whole week before it's release on my main PSN name. I'm still using that name.

Same goes for Arkham Asylum, but that's not a Sony game.

Edit: link for proof http://www.twitch.tv/bkarevolutionary
 

K' Dash

Member
Sep 7, 2006
9,176
69
1,215
Nothing new here, MS always have the banhammer ready, a couple friends were banned because they got games early and they could do nothing to unban the console, in fact, once a console is banned there's no way to unban, even if you have proof that you did nothing wrong, my friends had the receipts of the games with the date printed on it where it says the games were sold to them before launch and they got the middle finger from MS.

I remember getting Gears of War 3 like 3 days before launch and I just let it sit the in my desk waiting for launch.
 

hornetpie

Neo Member
Aug 7, 2013
149
0
0
sony would never ban your psn id for posting gameplay early in my opinion

the most they would do is copyright infringe the YT videos

and i honestly dont think the Xbox One ban is based on youtube. its an automated process that has led to fucking dire consequences for Microsofts PR machine.
 

Pie and Beans

Look for me on the local news, I'll be the guy arrested for trying to burn down a Nintendo exec's house.
Apr 23, 2010
13,063
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I think the system. It was one of my fears if they were to adopt those earlier policies since the system is so reliant on being connected.
And thats the future they were trying to sell to us and in some ways still are. Then they display they can do this at any given time if they decide so, with no real basis in terms.

They then wonder why they have this unshakeable reputation of being untrustworthy, looking befuddled and confused that people wouldnt trust them to wield such power responsibly. Its amazing really. Microsoft is more than a snake eating its own tail at this point, its also injecting venom into itself at every given opportunity.
 

syllogism

Member
Dec 14, 2004
8,944
0
1,160
Yeah, you're right. It's Target's fault, not Microsoft being anti consumer as usual.
Both of your statements can be simultaneously correct. I'm not interested in discussing whether MS is being "anti-consumer" or whether banning the console was a good idea. All I am saying is that the buyer is not being punished.
 

Chucker

Member
Apr 8, 2013
4,705
0
355
Maryland
I wasn't planning on getting a One at launch, but I know it's certainly in my future. This thread, and the hype I felt while these enthusiastic lucky dude was showing off everything he could think of was incredible.

I went to bed thinking, hey maybe I'll get the One sooner than later, the guy was doing good work for MS. I kind of felt like they would do something like this, but had hoped they wouldn't since he wasn't slinging mud. This is such a bummer.
 

antitrop

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Feb 19, 2011
46,348
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twitter.com
This guy assumed all the risks as soon as he started tweeting to the world last night, it's hard for me to feel bad for him. All I can think is "Yeah, of course his console got banned. What did he think was going to happen?".
 

hornetpie

Neo Member
Aug 7, 2013
149
0
0
Nothing new here, MS always have the banhammer ready, a couple friends were banned because they got games early and they could do nothing to unban the console, in fact, once a console is banned there's no way to unban, even if you have proof that you did nothing wrong, my friends had the receipts of the games with the date printed on it where it says the games were sold to them before launch and they got the middle finger from MS.

I remember getting Gears of War 3 like 3 days before launch and I just let it sit the in my desk waiting for launch.
yep

i had gears3, forza 4, forza horizon early and each time had to give gamertag to stop this.

its a poor poor poor poor policy from Microsoft doing this, its absolutely crazy.
 

HeroesInAHalfShell

Neo Member
Jul 10, 2013
264
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0
I imagine Microsoft themselves didn't actually ban the console. It's most likely a temporary ban auto-initiated by preventive software on their end to stop leaks. As crappy as Microsoft has been lately, I don't think there's a guy twirling his mustache in front of a big red button waiting to ban anyone who activates a console pre-launch.
 

Kerned

Banned
Sep 25, 2013
4,503
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Wow. So I just woke up to learn that Microsoft continues to demonstrate complete contempt for the people most loyal to its brand. If I may, I'd like to gloat quote myself from back at the beginning of this thread

It'd be a potential PR disaster if MS banned him, so... yeah they'll probably ban him.
I shouldn't be shocked that some of you people are defending this, but I am. MS could have turned this into something positive, "hey, here's a lucky Xbox fan who mistakenly got his console early. How awesome for him!" But instead, they punish his enthusiasm with a console ban. What jerks.
 

Derpcrawler

Member
Jul 27, 2013
2,255
46
555
It's amazing how much a lot of you know something, about something you know nothing about.

Go and get a copy of Gran Turismo 6 and start uploading gameplay and images across all social media sites. Include your PSN username. See how long that lasts.
I got the Last of Us almost a week before launch and played it while signed in to PSN - nothing happened. I had a friend who was playing GTA5 on PSN 2 weeks before launch - nothing again.
 

King_Moc

Member
Sep 19, 2010
11,647
0
690
England
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.
While i do think that him receiving the console early is in no way his fault, i do agree that once he went online with it and posted videos he basically forced Microsofts hand. Obviously, they would rather be responsible for their own reveals.

But loving all video game manufacturers, apparently unconditionally, does seem a little silly. It's that kind of attitude that means we now have monthly fees for both MS and Sony.
 

hornetpie

Neo Member
Aug 7, 2013
149
0
0
This guy assumed all the risks as soon as he started tweeting to the world last night, it's hard for me to feel bad for him.
so everyone on the 22/11 who tweets should be banned? this is your logic by the way

he has signed no nda, nothing. he should be allowed to tweet all he fucking wants.

i reckon even had he greyed out his gamertag on the screenshots the console woul dstill be banned. its an automated hardware check that is failing, as he isn't whitelisted. clearly