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(Kotaku)   1) Get your XBone preorder two weeks early, 2) post screenshots, 3) get boned by Microsoft   (kotaku.com) divider line 170
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8758 clicks; posted to Geek » on 09 Nov 2013 at 8:30 AM (49 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-11-09 08:04:52 AM  
Holy hell those game installs take huge amounts of space!
 
2013-11-09 08:45:43 AM  
Boned = having your unboxing video taken down?
 
2013-11-09 08:51:16 AM  

Tyrone Slothrop: Boned = having your unboxing video taken down?


Microsoft also banned his console
 
2013-11-09 09:02:52 AM  

pyrotek85: Tyrone Slothrop: Boned = having your unboxing video taken down?

Microsoft also banned his console


Hopefully temporary and he'll be unbanned as soon as MS Legal can determine it was a SNAFU with Target and not the unit falling of the back of a truck.
 
2013-11-09 09:07:08 AM  

Nefarious: pyrotek85: Tyrone Slothrop: Boned = having your unboxing video taken down?

Microsoft also banned his console

Hopefully temporary and he'll be unbanned as soon as MS Legal can determine it was a SNAFU with Target and not the unit falling of the back of a truck.


I would hope so, and yeah someone's getting a stern talking to at Target lol. I don't think it's the first time they've sold games and such before street dates either.
 
2013-11-09 09:17:56 AM  
From his twitter

Rocket Punch @RocketPunch1221 6h
@Moonlightswami @Microsoft You are officially the first guy got banned in next gen. #AchievementUnlocked
 
2013-11-09 09:18:39 AM  
What grounds did Microsoft have to take his video down?
 
2013-11-09 09:21:23 AM  

PerilousApricot: What grounds did Microsoft have to take his video down?




Its possible they've mistaken him for a tester (NDA) and not realized it was a shipping screwup and that he's a legit customer.
 
2013-11-09 09:27:19 AM  

Nefarious: pyrotek85: Tyrone Slothrop: Boned = having your unboxing video taken down?

Microsoft also banned his console

Hopefully temporary and he'll be unbanned as soon as MS Legal can determine it was a SNAFU with Target and not the unit falling of the back of a truck.


He tweeted pictures of his receipt and his online order from Target. It would be a pretty elaborate ruse if it wasn't just a mistake Target made.
 
2013-11-09 09:28:30 AM  
Next time keep it to yourself, slick.
 
2013-11-09 09:32:50 AM  

Carth: Nefarious: pyrotek85: Tyrone Slothrop: Boned = having your unboxing video taken down?

Microsoft also banned his console

Hopefully temporary and he'll be unbanned as soon as MS Legal can determine it was a SNAFU with Target and not the unit falling of the back of a truck.

He tweeted pictures of his receipt and his online order from Target. It would be a pretty elaborate ruse if it wasn't just a mistake Target made.


I'm sure he's legit but legal counsel isn't paid to think that way.
 
2013-11-09 09:34:55 AM  
I'm hoping the ban is just until official release day, otherwise the person who made that decision needs to be punched in the balls.
 
2013-11-09 09:40:54 AM  
It's only logical that this would happen. After all, you bothered Microsoft. And in exchange, they get to use any dirty trick to pee all over your fun, cause you're smaller. This has been going on ever since they declared top bunk and Mom interfered. You should behave better, it's not everyone that gets to play video games with Microsoft, you snot-nosed little punk, you don't even have any friends. Now give Microsoft the good controller, homo.
 
2013-11-09 09:41:02 AM  
Actually when you opened the box you agreed to the EULA which specifically states microsoft can do anything they want to your xbox. They routinely ban people who get games before street date, this happens everytime a new COD or Madden game is released. Anybody expecting this guy to get unbanned just isn't paying attention to reality.
 
2013-11-09 09:44:19 AM  
i1315.photobucket.com

OK, Microsoft are dicks from blocking him, but the rest of it, who cares?  Wait a couple weeks and you'll get your lousy system.  A year later and it will be collecting dust on your shelf.
 
2013-11-09 09:45:35 AM  
It might not be 'fair' but if you read the fine print, you can be banned from pretty much any service for pretty much any reason.  In most cases you even agree that the servers can and will go down at anytime and that you are not entitled to any compensation.

So banning someone, for whatever reason, is totally within Microsoft's rights.

It'll be the same deal with the video that got pulled down.  Whoever was the host is free to take down whatever they want, for whatever reason.  If Microsoft says, 'Hey YouTube, we think this guy is a d-bag, can you take down his video' YouTube can.

If I were him, I'd probably have done the same thing.  And I'd be really pissed that I ended up banned....but I don't think anyone is surprised by this.  They didn't 'intend' for him to have it, and they can't legally take it back from him....but they can ban him.
 
2013-11-09 09:51:38 AM  
Dear Fark legal beagles, TOS and EULA are about as enforceable as my claim of imperial dominion over North America. Don't let that stop you from sharing your skinnyheadesque legal opinions though, lol.
 
2013-11-09 09:56:26 AM  
Here's a query, if the console is banned is it only from HIS Live account or from his and everybody else's? Is it effectively bricked?
 
2013-11-09 09:59:00 AM  

Bender The Offender: Dear Fark legal beagles, TOS and EULA are about as enforceable as my claim of imperial dominion over North America. Don't let that stop you from sharing your skinnyheadesque legal opinions though, lol.


Actually, I could paste a bunch of cases where US courts found the EULA enforceable. I could also post a few less showing where they found specific aspects were unenforceable. Since I've already seen the xbone eula, I can tell you that what he did breaks the eula. If he wants to try and prove that aspect of the eula is unenforceable he is legally in his right to do so. I'd put the odds on that happening about the same that Jesus, Krishna, and Buddha all show up and have a tea party.
 
2013-11-09 09:59:23 AM  

Begoggle: [i1315.photobucket.com image 400x312]

OK, Microsoft are dicks from blocking him, but the rest of it, who cares?  Wait a couple weeks and you'll get your lousy system.  A year later and it will be collecting dust on your shelf.


That's what it wants you to think ... bwahahahaha.

/you'll still be wondering where all of those direct adverts come from
 
2013-11-09 09:59:56 AM  

AgentPothead: Actually when you opened the box you agreed to the EULA which specifically states microsoft can do anything they want to your xbox. They routinely ban people who get games before street date, this happens everytime a new COD or Madden game is released. Anybody expecting this guy to get unbanned just isn't paying attention to reality.


No one is saying they don't have the right to ban him, just that it is incredibly stupid PR. In 2 weeks they are going to launch a new console that is $100 more expensive and less powerful than their competition. They've had a ton of PR missteps and blunders that they were finally starting to recover from.

The last thing they should want consumer to wonder is "gee is Microsoft going to arbitrarily ban me if i legally buy something before they want me to?" before deciding on a PS4 or XBO.
 
2013-11-09 10:01:40 AM  

Bslim: Here's a query, if the console is banned is it only from HIS Live account or from his and everybody else's? Is it effectively bricked?


If it's like the xbox 360, I believe it can be used as a non online console to play any games that don't require patches. It's useless for anything involving xbox live or the internet.
 
2013-11-09 10:01:59 AM  
His unboxing video taken down is bullcrap since Microsoft left their unboxing up. Plus, he showed no gameplay.

The kid loves his new XBOX and I understand banning the console to be online before the launch but it wasn't his fault, it's Target's fault.

If they also sent out a PS4 early...oh boy, they dun goofed.
 
rpm
2013-11-09 10:04:58 AM  

AgentPothead: If it's like the xbox 360, I believe it can be used as a non online console to play any games that don't require patches. It's useless for anything involving xbox live or the internet.


From a honcho high up in the One hierarchy:
"Asked what specifically players could do with the Xbox One right after they take it out of the box, Penello said, "Nothing. You need the day-one update.""
 
2013-11-09 10:05:05 AM  

AgentPothead: Bslim: Here's a query, if the console is banned is it only from HIS Live account or from his and everybody else's? Is it effectively bricked?

If it's like the xbox 360, I believe it can be used as a non online console to play any games that don't require patches. It's useless for anything involving xbox live or the internet.


Ouch.
 
2013-11-09 10:05:48 AM  

Carth: AgentPothead: Actually when you opened the box you agreed to the EULA which specifically states microsoft can do anything they want to your xbox. They routinely ban people who get games before street date, this happens everytime a new COD or Madden game is released. Anybody expecting this guy to get unbanned just isn't paying attention to reality.

No one is saying they don't have the right to ban him, just that it is incredibly stupid PR. In 2 weeks they are going to launch a new console that is $100 more expensive and less powerful than their competition. They've had a ton of PR missteps and blunders that they were finally starting to recover from.

The last thing they should want consumer to wonder is "gee is Microsoft going to arbitrarily ban me if i legally buy something before they want me to?" before deciding on a PS4 or XBO.


Know how I know you weren't paying attention during the last generation of game consoles? This public relations battle ended like 7 years ago. Nobody who has been paying attention expects to break street date on a game, let alone an entire new console, and not get punished for it.
 
2013-11-09 10:05:55 AM  

rpm: AgentPothead: If it's like the xbox 360, I believe it can be used as a non online console to play any games that don't require patches. It's useless for anything involving xbox live or the internet.

From a honcho high up in the One hierarchy:
"Asked what specifically players could do with the Xbox One right after they take it out of the box, Penello said, "Nothing. You need the day-one update.""


He already downloaded the update.
 
2013-11-09 10:11:14 AM  
Yeah, Microsoft PR is about as lousy as it gets. Why? Because people still buy their shait anyway.
 
2013-11-09 10:13:22 AM  

AgentPothead: Carth: AgentPothead: Actually when you opened the box you agreed to the EULA which specifically states microsoft can do anything they want to your xbox. They routinely ban people who get games before street date, this happens everytime a new COD or Madden game is released. Anybody expecting this guy to get unbanned just isn't paying attention to reality.

No one is saying they don't have the right to ban him, just that it is incredibly stupid PR. In 2 weeks they are going to launch a new console that is $100 more expensive and less powerful than their competition. They've had a ton of PR missteps and blunders that they were finally starting to recover from.

The last thing they should want consumer to wonder is "gee is Microsoft going to arbitrarily ban me if i legally buy something before they want me to?" before deciding on a PS4 or XBO.

Know how I know you weren't paying attention during the last generation of game consoles? This public relations battle ended like 7 years ago. Nobody who has been paying attention expects to break street date on a game, let alone an entire new console, and not get punished for it.


Sony lets people break street date all the time with no consequences. I'm not saying this is new or ground breaking for Micosoft just that it is the exact wrong thing to do before asking people to spend $500 on a new console. You don't want your customers thinking how crappy it is to deal with you when asking them for a major purchase.
 
2013-11-09 10:14:37 AM  

eddievercetti: rpm: AgentPothead: If it's like the xbox 360, I believe it can be used as a non online console to play any games that don't require patches. It's useless for anything involving xbox live or the internet.

From a honcho high up in the One hierarchy:
"Asked what specifically players could do with the Xbox One right after they take it out of the box, Penello said, "Nothing. You need the day-one update.""

He already downloaded the update.


Yeah he downloaded the update way before he got banned. He is now banned. So he can maybe play offline games, mostly heat his room gently.
 
2013-11-09 10:20:32 AM  

Once again, Sony has immediately biatch slapped Microsoft over their latest PR disaster.

Over at Sony, president of Worldwide Studios Shuhei Yoshida has responded to a question on Twitter indicating his company would not ban anyone who got online early with a PS4.
 
2013-11-09 10:24:10 AM  

Carth: AgentPothead: Carth: AgentPothead: Actually when you opened the box you agreed to the EULA which specifically states microsoft can do anything they want to your xbox. They routinely ban people who get games before street date, this happens everytime a new COD or Madden game is released. Anybody expecting this guy to get unbanned just isn't paying attention to reality.

No one is saying they don't have the right to ban him, just that it is incredibly stupid PR. In 2 weeks they are going to launch a new console that is $100 more expensive and less powerful than their competition. They've had a ton of PR missteps and blunders that they were finally starting to recover from.

The last thing they should want consumer to wonder is "gee is Microsoft going to arbitrarily ban me if i legally buy something before they want me to?" before deciding on a PS4 or XBO.

Know how I know you weren't paying attention during the last generation of game consoles? This public relations battle ended like 7 years ago. Nobody who has been paying attention expects to break street date on a game, let alone an entire new console, and not get punished for it.

Sony lets people break street date all the time with no consequences. I'm not saying this is new or ground breaking for Micosoft just that it is the exact wrong thing to do before asking people to spend $500 on a new console. You don't want your customers thinking how crappy it is to deal with you when asking them for a major purchase.


In the GTA 5 case, sony dropped the ball by releasing the digital version of GTA 5 a month early so I see the not banning people as more of a cover your ass maneuver. They do seem to be handling this way better than microsoft, they removed street date for ps4 releases entirely. Microsoft is in the process of changing ceo's, and the main pick has gone on record as saying he'd spin the gaming division off as another company, he doesn't respect gaming in the least, and a lot of the higher ups unfortunately feel the same. As this point in time I'm honestly more surprised people expect good customer service from microsoft than I am in their failing the customer. Also I would hate to think anybody thinks I agree with the way Microsoft handles their shiat. I don't. I've just had enough experience dealing with it, it doesn't depress me the way it used to.
 
2013-11-09 10:25:02 AM  

AgentPothead: Actually when you opened the box you agreed to the EULA which specifically states microsoft can do anything they want to your xbox.


No.

Fark_Guy_Rob: It might not be 'fair' but if you read the fine print, you can be banned from pretty much any service for pretty much any reason.


More this.

They cannot reduce functionality of the xbox anymore than they can come to your house and bash it in with a hammer.  They can exclude your specific box from their online service.

The difference there is monumental.

AgentPothead: Actually, I could paste a bunch of cases where US courts found the EULA enforceable. I could also post a few less showing where they found specific aspects were unenforceable.


And I could post porn pictures.  What a few smarmy lawyers can convince a judge and/or jury of is of little to no impact on the subject, as you yourself note, the courts are split.

EULA's in general are a pretty heated topic.  Not everyone feels there is any legally binding agreement made when it's a slip of paper packaged within a sealed box which may go completely unread or a click thru box in software.

It is not a written and signed agreement/contract, it's more akin to someone shipping you goods that you didn't ask for, and then taking you to task for not paying.  It's the shady side of licensing to be sure.  Tacit approval has little grounds for enforcement.

That has fark all to do with their online service.  Any service, pretty much the world over, can deny specific people service for many reasons, regardless of any presence of a EULA.  Most of them will also be forced to reimburse any remaining balance of unused fees, but obviously, that's not worth the cost of taking them to court over it much of the time.

Now, if they used software to brick his console, or refuse to let it update, then that's another matter.  Even at that, many a modder will buy it from the guy, at a reduced price of course later in the products life. Even if it was bricked with software, right now it could still go for more than the price he paid for it, since it's not even released yet.
 
2013-11-09 10:25:46 AM  

BullBearMS: Once again, Sony has immediately biatch slapped Microsoft over their latest PR disaster.

Over at Sony, president of Worldwide Studios Shuhei Yoshida has responded to a question on Twitter indicating his company would not ban anyone who got online early with a PS4.


Sony has done everything right this launch, in that they wait for Microsoft to shoot themselves in the foot, then Sony responds with the opposite. Know how I know whoever is in charge of launch has read Sun Tzu?
 
2013-11-09 10:28:33 AM  

AgentPothead: Also I would hate to think anybody thinks I agree with the way Microsoft handles their shiat. I don't. I've just had enough experience dealing with it, it doesn't depress me the way it used to.


 I'm in the same situation I had an Xbox and 360 but won't be getting the XBO because of how horribly they handled the end of the 360 generation and the start of this one.

The curse of the 3rd console strikes again hopefully they can recover like sony did with the PS4.
 
2013-11-09 10:31:23 AM  
i.imgur.com
 
2013-11-09 10:31:58 AM  

omeganuepsilon: AgentPothead: Actually when you opened the box you agreed to the EULA which specifically states microsoft can do anything they want to your xbox.

No.

Fark_Guy_Rob: It might not be 'fair' but if you read the fine print, you can be banned from pretty much any service for pretty much any reason.

More this.

They cannot reduce functionality of the xbox anymore than they can come to your house and bash it in with a hammer.  They can exclude your specific box from their online service.

The difference there is monumental.

AgentPothead: Actually, I could paste a bunch of cases where US courts found the EULA enforceable. I could also post a few less showing where they found specific aspects were unenforceable.

And I could post porn pictures.  What a few smarmy lawyers can convince a judge and/or jury of is of little to no impact on the subject, as you yourself note, the courts are split.

EULA's in general are a pretty heated topic.  Not everyone feels there is any legally binding agreement made when it's a slip of paper packaged within a sealed box which may go completely unread or a click thru box in software.

It is not a written and signed agreement/contract, it's more akin to someone shipping you goods that you didn't ask for, and then taking you to task for not paying.  It's the shady side of licensing to be sure.  Tacit approval has little grounds for enforcement.

That has fark all to do with their online service.  Any service, pretty much the world over, can deny specific people service for many reasons, regardless of any presence of a EULA.  Most of them will also be forced to reimburse any remaining balance of unused fees, but obviously, that's not worth the cost of taking them to court over it much of the time.

Now, if they used software to brick his console, or refuse to let it update, then that's another matter.  Even at that, many a modder will buy it from the guy, at a reduced price of course later in the products life. Even if it was bricked with soft ...


That was a hyperbolic "anything".  All microsoft did was make it so he can't play games that require patches and he can't access the internet. Considering 75% of games come with day 1 patches and everything else the console does requires the internet, it's pretty much useless now.
 
2013-11-09 10:33:37 AM  

AgentPothead: Nobody who has been paying attention expects to break street date on a game, let alone an entire new console, and not get punished for it.


Game geeks, yeah.  Casual players and their soccer moms, not so much.

Guess who spends more money on consoles?  The later group.

AgentPothead: In the GTA 5 case, sony dropped the ball by releasing the digital version of GTA 5 a month early so I see the not banning people as more of a cover your ass maneuver.


Respectable business lying blame where the fault occurred =\= covering your ass.

When apple accidently sent 5 iPads instead of one, when the lady was honest and wrote them, they said, "It was our mistake, you keep them, enjoy."

It's not about covering your ass, it's about accepting responsibility, and treating customers with respect.  Sadly, it's not as trendy as it used to be.  CYA is when there's a farkup that will affect other people negatively and attempting to save face by denying responsibility.

If Target issued a policy that if they happened to slip at a store and people bought the XBONE early and got online, they may get banned.  That is CYA.
 
2013-11-09 10:37:24 AM  

Carth: AgentPothead: Also I would hate to think anybody thinks I agree with the way Microsoft handles their shiat. I don't. I've just had enough experience dealing with it, it doesn't depress me the way it used to.

 I'm in the same situation I had an Xbox and 360 but won't be getting the XBO because of how horribly they handled the end of the 360 generation and the start of this one.

The curse of the 3rd console strikes again hopefully they can recover like sony did with the PS4.


Same here. My Star Wars edition 360 will be my last Xbox for the forseeable future.
 
2013-11-09 10:37:26 AM  

Carth: The curse of the 3rd console strikes again


Is that a recurring thing, like the odd Star Trek movies?  'Cause Nintendo's on its sixth console right now, if I'm counting them right.
 
2013-11-09 10:37:41 AM  
What I've learned from this is that with those game sizes, I'm glad that the PS4 I've pre-ordered will let my upgrade the hard drive. (Which I'm doing day one, just to get it over with.)
 
2013-11-09 10:39:30 AM  
omeganuepsilon
Sony releases game early.
Sony bans all people playing game that sony released early.
Sony comes across looking like, well, Microsoft.
Now do you see why it was a cya move and not a company who actually gives a fark about the customer? Cause those type of companies don't exist anymore.
 
2013-11-09 10:40:19 AM  

Carth: how horribly they handled the end of the 360 generation and the start of this one.


Ever since the blades gui it was horribly handled.  using a video game console as a test bed to vet their new OS idea and future console features was annoying as fark to most people.  Sure, they expanded the usefulness of it, to have it wig out and respond slowly and freeze up.

I just dropped a grand on a nice computer and am enjoying games on that.  It will carry me for quite some time.  I may go PS4 in the future since they've improved their controllers considerably.  That was the major draw for me on the xbox, nice comphy controllers.
 
2013-11-09 10:40:54 AM  

AgentPothead: BullBearMS: Once again, Sony has immediately biatch slapped Microsoft over their latest PR disaster.

Over at Sony, president of Worldwide Studios Shuhei Yoshida has responded to a question on Twitter indicating his company would not ban anyone who got online early with a PS4.

Sony has done everything right this launch, in that they wait for Microsoft to shoot themselves in the foot, then Sony responds with the opposite. Know how I know whoever is in charge of launch has read Sun Tzu?




The question is if it matters.
People are looking at the games and features, only news hawks and fanboys care about the tet-a-te between CEO's.

If either side cared about knocking this out the park, they'd be giving blowjobs to amd for a mantle capable chipset and an exclusive on oculus.

A quip about your opponents launch stumbling doesn't affect my gaming experience.
 
2013-11-09 10:41:28 AM  

Cheesehead_Dave: What I've learned from this is that with those game sizes, I'm glad that the PS4 I've pre-ordered will let my upgrade the hard drive. (Which I'm doing day one, just to get it over with.)


Hmm, that's a good idea... gonna order a larger HDD ahead of time.
 
2013-11-09 10:42:39 AM  

omeganuepsilon: Guess who spends more money on consoles? The later group.


Oh and this, this isn't a serious post is it? Are you seriously taking the point that people who have an attachment rate of 2.5, meaning they buy a console and 2.5 games over the consoles lifetime, are more of a buying power than a group who buys the same games every year with minimal updates? Who have an attachment rate of something like 15.3? You do realize why the nintendo Wii was one of the best selling console of all time and had some of the worst software attachment rates in the business, right?
 
2013-11-09 10:45:40 AM  

AgentPothead: omeganuepsilon: Guess who spends more money on consoles? The later group.

Oh and this, this isn't a serious post is it? Are you seriously taking the point that people who have an attachment rate of 2.5, meaning they buy a console and 2.5 games over the consoles lifetime, are more of a buying power than a group who buys the same games every year with minimal updates? Who have an attachment rate of something like 15.3? You do realize why the nintendo Wii was one of the best selling console of all time and had some of the worst software attachment rates in the business, right?


You're totally right, it's the gamer geeks that are the market force.  The sky is red and water is dry.  You have some nice land for sale don't you?
 
2013-11-09 10:49:24 AM  

omeganuepsilon: AgentPothead: omeganuepsilon: Guess who spends more money on consoles? The later group.

Oh and this, this isn't a serious post is it? Are you seriously taking the point that people who have an attachment rate of 2.5, meaning they buy a console and 2.5 games over the consoles lifetime, are more of a buying power than a group who buys the same games every year with minimal updates? Who have an attachment rate of something like 15.3? You do realize why the nintendo Wii was one of the best selling console of all time and had some of the worst software attachment rates in the business, right?

You're totally right, it's the gamer geeks that are the market force.  The sky is red and water is dry.  You have some nice land for sale don't you?


Hardcore gamers are the driving force behind video games. Are you honestly trying to posit that they aren't? I mean is this an actual stance that people take?  How many casual gamers do you think are going to be spending $500 on a new console? How many soccer moms do you see picking up that new xbone or ps4? I'll just be over here, laughing at your complete lack of a grip on reality omeganuepsilon.
 
2013-11-09 10:49:51 AM  

mamoru: Holy hell those game installs take huge amounts of space!


I can't see how anyone who get a PS4 won't just replace the internal HDD with a 2 TB one on day one. The Xbox one people can wait till they fill their non-removable HDD fill up and go grab a TB or 2 external
 
2013-11-09 10:52:36 AM  

eddievercetti: His unboxing video taken down is bullcrap since Microsoft left their unboxing up. Plus, he showed no gameplay.

The kid loves his new XBOX and I understand banning the console to be online before the launch but it wasn't his fault, it's Target's fault.

If they also sent out a PS4 early...oh boy, they dun goofed.

i think the folks that won that Taco Bell promo already have theirs, but are under contract to STFU about it
 
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