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Major Nelson Responds To Yesterdays Xbox One Ban

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Yesterday was quite the roller-coaster of Xbox One information and yet another PR right hook from Sony that no doubt caught Microsoft at a bad time.

First we brought you news that one user had gotten his Xbox One dispatched to him early by Target. He then uploaded pictures, most likely happy as can be that something so awesome had happened, uploaded information about game install size and so-forth.

Then we found out what the Xbox One console banning screen looks like, turns out the same user didn’t read the Terms of Service (most people don’t). Using your Xbox One prior to release day is effectively forbidden and Microsoft were in this unfortunate case within their rights to ban the console.

The with a simple tweet Sony CEO Shuhei Yoshida confirmed that PlayStation 4 gamers can not only play their PS4 prior to release day, they can even go online with it and Sony will not mind.

In short, Microsoft didn’t do anything they didn’t warn users about in the terms of service, the console was banned as part of a damage control system given that he was uploading information about titles and a system that hadn’t been patched.

Yet people are quick to burn Microsoft in these situations and many saw the ban as a little too heavy handed since the user in question had no malicious intent and most likely thought Christmas had come early. Larry Hryb who you may know better as Microsoft’s Major Nelson asked the user to direct message him to get it all sorted out. Larry later went onto NeoGAF t say that the console will no longer be perma-banned.

In short, if you own an Xbox One prior to the official release day, do not jump the starting gun. This kid got lucky, but Microsoft will likely not be so forgiving again.

Thank you GearNuke for providing us with this information.

Peter Donnell

As a child in my 40's, I spend my day combining my love of music and movies with a life-long passion for gaming, from arcade classics and retro consoles to the latest high-end PC and console games. So it's no wonder I write about tech and test the latest hardware while I enjoy my hobbies!

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20 Comments

  1. “”Major Nelson asked the user to direct message him to get it all sorted out. Larry later went onto NeoGAF t say that the console will no longer be perma-banned.””

    Those SOBs were going to perma ban it. Makes you wonder why MS chased him so hard across twitter and had every video pulled,. what don’t they want people to see

    1. They don’t want people seeing non release day performance of things that are still being finalised with as yet to be released patches. No damage was done in this case that I know of, but the rules were not created to only cover one case, they’re broader than that for obvious reasons.

      The ultimate lesson here would be always read the Terms of Service.

      1. OR they don’t want people to see they are shipping the X1 with virtually no OS, MS did state it has almost zero functionality without the d1 patch.

        At this point no matter what MS do in any situation they are damnedif they do and damned if they dont, Sony PR will make a meal of any chink in MSs armour. At this stage MS can do no right

  2. “The with a simple tweet
    Sony CEO Shuhei Yoshida confirmed that PlayStation 4 gamers can not
    only play their PS4 prior to release day, they can even go online with
    it and Sony will not mind.” these guys, yes, they do know how to market their console in such a tight market (and with the microsoft mistakes lately it ain’t hard to wait for them to be used)

  3. regardless if it seems extreme, it is in the Terms of Service and he didn’t read it, can’t entirely blame microsoft 100%. Granted a small suspension till release day would’ve been better. XD

    1. Exactly, a little over the top on the ban but it was likely automated and catches a lot of less legitimate cases (maybe). However, the rules are the rules and if it’s in black and white and you don’t like it you shouldn’t buy the console, it’s a cold hard (and somewhat crappy) fact. The same goes for those that don’t at least skim the ToS, you really, really! should.

    2. You do realise that all bans have an appeal process, and Microsoft was following their protocol correctly. The console should be permanently banned until the person goes through the appeal and wins. That’s exactly what happened, and the correct outcome happened. People are just looking to jump on MS for anything. I bet if they didn’t ban him, people would then be complaining how wrong it is to let just one person play early. They can’t win!

      1. Why would we complain that he got to play early? If anything I would envy him but not stop him from getting good luck. I swear people are so god damn sensitive these days.

  4. Having the controll of the copyright and the protection of it, should never be up to the consumer. The EULA, ToS etc of today are written to put all the respopnability on the consumers shoulder and let the copyright holder benefit from the right to act on their own interests ONLY.

    If the kid did do any actions to circumvent said protective measures of the copyright I would say Microsoft did the right thing, but in this case no such acticvity was performed. How easy wouldn’t it be for Microsoft to keep distribution channels under controll and not have onlinde services enabled for devices presenting them self as One, etc.

    Microsoft ichose to rely on the ToS and say it was the consumers fault 100% and we ban the shit out of him and his device, why not, we already got his money and there is a big chance he buys a new 🙂 ahh tvice the revenue.

    Placing the full responsibility on the consumer and ban the consol is illegal behaviour and any one considering buying products from such a company should think more than twice before.

    I am not under impression SONY is any better, they just took a chance for a free score in the PR circus.

  5. well the reason u can use and go online with the ps4 is cuz people already have it from taco bell and im sure other ways

  6. This kid didn’t steal his Xbox, he preordered it. It’s not his fault that he got his console shipped early, yet he’s the one threatened with a perma-ban. If he hadn’t gone to the media about it, i doubt it’d have been undone.

    I am also noting a distinct lack of measures against Target in either article for supplying the Xbox early. Corporate values much?

    1. It is his fault, he failed to read the conditions of his purchase, which HE AGREED TO by purchasing it. Its unfortunate, but Microsoft have a right to protect their proprietary system in any manner they choose. You don’t think Sony would not have done the same thing if it wasn’t a good middle finger to Microsoft? Its sad that Sony have to resort to that kind of schoolyard antics to try and outdo their competitor

  7. M$ shows the true color. A GREED. I shall be no longer fan of Xbox, been with Xbox for long time. Sony seemed reasonable and respect customers’s pocket as far as I’m concerned.

    1. Your a doofus. The only reason Sony are being reasonable is because they are playing dirty politics. If it was Sony I bet you would be singing a different song. Fan Boi!

      1. So called ‘dirty politics’ or not, this is a clear cut case of judging a person (or corporation) by their actions. In relation to PS4 vs Xbox One, Sony has been much more user-friendly ever since the initial declaration. Could that have simply been Sony learning from Microsoft’s mistakes and amending their policies after seeing how the market reacted? Sure, but they did it in a way that was smart. Microsoft came out of the box with a policy and attitude that was entirely disrespectful of the consumer, and that is what has turned me off from the Xbox One. The fact that they backpedaled and did a lot of public relations patchwork to try and fix their mistake is beside the point. I now know how Microsoft feels towards their consumers, and I don’t like it.

        But yes, if the roles were reversed, I would be calling Sony on their actions, because the actions done have been inexcusable. It’s not being a ‘Fan Boi,’ it’s being a consumer who demands a level of respect from the companies that I do business with.

        That said, I have already dropped my Xbox Live account, will not be purchasing an Xbox One for either myself or any of my family/friends that have one on their wishlists (it’s fine by me if they want one, but my money isn’t going to get them one), and will be giving my money and business to Sony- something I’ve not done since the original PlayStation. Sony’s smart business sense has regained them a consumer, and that’s what really matters.

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