14 DAY TRIAL // About two weeks ago, Microsoft decided to deal another blow to the underworld of piracy, as a considerable number of modified Xbox 360 consoles had been banned from the Xbox Live. A lot of people, mostly those that ended up getting banned, were seriously frustrated by this decision, as one can only imagine, and it didn't take long before the first voices of discontent began to be heard from the masses. Considering the reason for the bans, usually these things just cool down after some eggs are cracked on a few Microsoft windows or a few toilet paper rolls ornate the front yard of the company's higher-ups.
But it seems like things won't simmer down so easily this time. With at least one law firm being part of the angry mob, the whole problem might escalate beyond trivial college pranks and proper legal action might be taken against Microsoft. Abington IP is the firm that announced that it was considering filing a class action lawsuit against the Xbox 360's manufacturer and that it was urging others that had been affected by the bans to contact the firm and joint the lawsuit.
As far as Microsoft goes, the company doesn't feel that it has anything to worry about. According to it, its decision is supported and protected from legal action by the End User License Agreement. "Piracy is illegal and modifying an Xbox 360 is a violation of the Xbox Live Terms of Use," a spokesman said when talking to Financial Post. "Microsoft is well within its legal rights to ban these users from Xbox Live."
So, unless the lawyers from Abington will manage to find some shifty legal loophole hidden inside the EULA, it seems that this will end like nothing more than some pointless chest-thumping and a long-term investment in advertising for Abington. Even if Microsoft proves the lawsuit to be unfounded, which it most likely will if this ends up in court, and the law firm loses by a landslide, the free publicity it gets and the media coverage for standing up to Microsoft will go a long way in terms of public recognition. Abington hasn't confirmed its decision to drag Microsoft to court, and, even if it does, as far as an actual outcome of the battle is concerned, settling out of court is still the best it can hope for.