Microsft confirms no bans for playing Halo 3 [update]
by Alexander Sliwinski 
{ Sep 19th 2007 at 11:35AM }
Update 2: A Microsoft rep has confirmed to Joystiq: "We are not banning people."[Previous headline: Rumor: MS banning its employees for playing Halo 3]
Update: Pro-G now reports that a second Microsoft rep has contacted the site to say the ban only applies to MS employees and consumers will not be affected. Pro-G is still awaiting the official explanation.
[Original headline: Rumor: MS to freeze Live accounts playing Halo 3]
We're still gathering info, so at this point we're mostly giving a heads-up to those who may have gotten their hands on Halo 3 early. Pro-G reports that a Microsoft rep had confirmed to them that gamers who play Halo 3 early will have their Live accounts banned. Not connecting to the net won't help either because the console tracks when the game was played, so according to this rep the first time you connect to Live they'll know. Microsoft is preparing an official statement on the issue, according to Pro-G.
If true, this opens up a big scary can of "Big Brother is watching" for us. Why should consumers be punished for the actions of retailers who sell the game early? We're going to wait for the official statement from Microsoft, but if you happened to have gotten lucky and have Halo 3 in your possession, either don't stick it in your console just yet, or tell us if you get banned. We're a bit skeptical about this as well because we've played Halo 3 (with permission) and it's been linked to our gamertags, which haven't necessarily been registered as "press" with Microsoft. As such, the alleged banning can't be done automatically. Will Microsoft really be doing a case-by-case banathon? We'll update as soon as we get the official statement.
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Reader Comments (Page 1 of 2)
Russell Carroll @ Sep 19th 2007 11:40AM
Disgraceful if true. I'll go with made-up news on this report. I don't believe MS will punish gamers for retail slip-ups.
Seraphim @ Sep 19th 2007 12:16PM
I doubt its true. Argos in the uk allowed people to get it today, and the company is contrywide. So we're talking about a lot of people with Halo 3 now. This fact though begs the question of why then UK launch is the day after the american one, if the stock is already in the country.
JJ Rooster @ Sep 19th 2007 12:35PM
MS confirms to Pro-G that consumers will not be banned for playing Halo 3 before official release.
!!!!!!!!!!!!!
Nice try though SDF. MS isn't going to punish you for a retailer's fuck-up.
Kyle @ Sep 19th 2007 12:42PM
It's not true. It's simply a indirect control method where they minimize an unintended leak by using an unofficial statement regarding vague punitive measures. It's a fairly common procedure when dealing with time sensitive items (product releases, date specific news, etc..)
MS would not aggravate a loyal aspect of their fanbase for legally purchasing a game (any wrongdoing here is on the part of the seller) especially during a fledgling console war. Though they have made worse decisions
And as to right of microsoft to persue punitive actions in this case they only apply to their contract with the seller.(Legal responsibilities involved in the sale of a product are placed almost exclusively on the seller)
For the posters that mentioned a "rights" :
This situation does not apply to constitutional rights for an individual but most states have consumer rights laws (something typically avoided by federal lawmakers) in the U.S. As for the U.K. i have no experience with the particulars of their legal system.
FrankTheCrank @ Sep 19th 2007 1:04PM
But, but, but....I love Micro$oft. Halo RULZ. I've got a 3 year warranty. WTF?
Bow down before your maker, fools.
Chad @ Sep 19th 2007 11:40AM
All you have to is create a silver gamertag and not connect to live with it, then delete it off you system when the game is officially released..
LOKIOLR @ Sep 19th 2007 12:14PM
You don't even have to create a new account. Just play offline but set your system date to 9/25/2007. Then when 9/25 rolls around it'll look like you've never broken street. The XBOX 360 has no way of knowing what the date is other than what you tell it if it's not hooked up to Live.
NorCal05 @ Sep 19th 2007 12:14PM
The best thing to do is unplug the ethernet cable and the hard drive and use a memory card to play until the 25th. Then you may want to ditch the memory card, or wipe it clean if you can.
Sam @ Sep 19th 2007 11:41AM
Disguisting if true.
This is EXCEPTIONALLY hard to believe though but if it is, my love for microsoft (what little i have) will go down a LOT.
Seriously...
Silly move if true
Bpops @ Sep 19th 2007 11:41AM
No one has a 'right' to Xbox Live. It's a service MS provides. If they want to cut it for reasons like this, that's their prerogative (or mistake if you take it that way).
duffydirect @ Sep 19th 2007 11:47AM
End-user license agreements work both ways, Mr. Carnegie. There is no statement in the ELA referring to users who legally purchased all items and services but received software early due to distribution error.
NATO_Duke @ Sep 19th 2007 12:05PM
Agreed.
You all have to admit, this is better than the punishement they almost went for - hooking up your "package" to a car battery until you renounced all your gaming sins.
Bpops @ Sep 19th 2007 12:31PM
duffy: I admit I've never read the EULA, but I can't imagine that there's not a clause in there that says Microsoft can terminate your contract for any reason whatsoever. Most MMO's have this clause, and I'm assuming it's here, too.
NATO_Duke @ Sep 19th 2007 12:47PM
Duffy, it doesn't have to be that specific - they reserve the right to terminate your account per their needs, and thats all they have to do. Its called a mop up clause, and it works in a contract. You cant expect contracts to cover every circumstance that may arise in life through explicite language.
NATO_Duke @ Sep 19th 2007 12:55PM
I hate typos! I need to type slower...
Anyway, they say they can cancel an account with or without clause and thats binding on you.
Last note, when I said agreed above I meant agreed with Bpops.
Grant @ Sep 19th 2007 2:36PM
and i'm sure a stopping of services on any contract without legal rights/ refund would lead to a fairly nice lawsuit.
face it, they can ban you/terminate your service at will, but if they do not have a substantial legal reason for it, they would need to refund you as well.
MSRP for 3 months of live is $18, so even just a one month ban should offer a $6 refund.
Cedar @ Sep 19th 2007 11:43AM
Doubt it. I can understand what happened with the leaked Epsilon thing, but if a shop breaks release date, why should the consumer be punished?
AlanRickman @ Sep 19th 2007 11:43AM
Such a simple solution really. Dont ship a game unless youre ready to sell it.
Kye (NDF - Earth Ring) @ Sep 19th 2007 11:51AM
They have to ship it before it released, obviously.
Or they could just stockpile all the games in warehouses nationwide. Then wait till 12 am the day of release and send a swarm or deliver trucks and helicopters to all stores.
Logistics is fun.
ScreamingSkull @ Sep 19th 2007 11:44AM
I guess they have the right to stop anyone using the service if they wish, but like Russel Carrol said, it's not the consumers fault. If there was some warning to go along with all the hype, in tiny print, that said "Play it early Johnny? Then no more Live! for you!" then I could understand this.
ruibing @ Sep 19th 2007 11:46AM
Must be their way of plugging the leaks on the Halo 3 dam until they are ready to let it all out.
freelancer @ Sep 19th 2007 11:49AM
Couldn't this be illegal? The purchaser has done nothing wrong if they paid good money for the game how are they in any way at fault? For MS to deny them a service that they are likely paying for(live) because they played a game they purchsed legally from a store seems hard to believe.
NATO_Duke @ Sep 19th 2007 12:11PM
There be no issue o' legality in this. If anythin' its a breach or contract issue or somethin', but thar be no theft or the like takin' place t' make it a matter o' bein' illegal. Besides, you agreed t' follow their terms when signin' up for t' service, and they agreed t' run t' service as they see fit. Dont look for a court t' aid ye
Liquid @ Sep 19th 2007 12:14PM
From the Xbox LIVE EULA:
14. MICROSOFT’S TERMINATION OF SERVICE
Microsoft may terminate or suspend the Service at any time, with or without cause, with or without notice. Upon termination of the Service, your right to use the Service will immediately cease, and Microsoft will have no obligation to provide the Service to you. UPON SUCH CANCELLATION OR SUSPENSION, MICROSOFT MAY STOP DELIVERY OF THE SERVICE, AND ANY INFORMATION YOU HAVE STORED ON THE SERVICE MAY NOT BE RETRIEVED LATER. Termination of the Service by Microsoft will not alter your obligation to pay all charges made to your Billing Account, except that, if Microsoft terminates the Service in its entirety without cause, then Microsoft will refund you on a pro-rata basis the amount of your payment corresponding to the portion of your subscription remaining after such termination
I don't believe Microsoft would punish the consumer for a retail slip up, but they certainly could.
James @ Sep 19th 2007 12:15PM
Why are you talking like a spaz?
NATO_Duke @ Sep 19th 2007 12:22PM
Its talk like a pirate day today. Though it does hurt ones credibility on serious subjects eh?
kokuryukai @ Sep 19th 2007 11:50AM
You have to love Big Brother (cough, cough Microsoft)
BlackTye @ Sep 19th 2007 11:50AM
Of course it's a rumor. Anyone who didn't know that this was going to be a rumor needs to be informed about a little thing called "The Internet".
Anyway, I wouldn't be surprised if it happens.
Konny @ Sep 19th 2007 11:51AM
LAMO .. and you guys are paying $60 CDN for this 'service' too... suckass
JJ Rooster @ Sep 19th 2007 12:10PM
Nope sucker, paid $40 for the 12 month kit that included a camera and 2 XBLA games at factorydirect.ca
And even at regular price, you know it's still the best. Hell a casual gamer could get by on a free silver membership and access the game demos they release every week. How many demos are on PSN?
l0tus @ Sep 19th 2007 12:46PM
Go back to playing whatever weak ass game your currently suffering through on your Piece o' Shit 3, troll.
Marty @ Sep 19th 2007 11:51AM
Part of me thinks this is imposing on your freedom (or at least, your perceived freedom) with the console you bought... and the other part of me agrees with them, especially with losers already posting the ending to the game on YouTube.
That said, there has to be some sort of grace period before the official launch of the game... what if a store accidentally sells the game a few hours early?
NATO_Duke @ Sep 19th 2007 12:17PM
There are no personal freedoms in a private corporate action. The constitution doesn't aid you here. Unless MS issued a constitutional right to you to enjoy freedom in 360 console usage - which would be a contract right between you two then and you could sue, but they didn’t, so you can’t.
See, people, every day someone mentions freedom and/or constitutional guarantees and I am going to keep pointing out that those freedoms and guarantees only come in when there is government action or involvement.
Aaron Martin @ Sep 19th 2007 11:55AM
Surely you could just unplug you 360(resets date to 22Nov), play the game without logging into live, turn the 360 off and unplug then sign into live after the release.
I dont see how they could tell if you did that.
NeoAngelicPrince @ Sep 19th 2007 11:55AM
Like someone else mentioned above we don't have a "right" to anything.
If anything MS has a right to do w/e the hell they wanna do with Live and if they don't like people playing Halo 3 early and want to stop them from doing so (although ANYONE with COMMON SENSE would know its against the rules by now) then its their right to do so.
waves @ Sep 19th 2007 12:22PM
I disagree, show me where in 'the rules' it says you can't play games that were sold to you early. Show me where the precedent for this is. I remember many people managing to get their hands on Bioshock early, and there were no repercussions. Most gamers do not follow street dates, they just buy the game when they see it for sale in the store. Common sense tells me that Microsoft shouldn't punish the customer for the reseller's error. It's a bad PR move, and it won't stop the problem of the game being sold early. Common sense says they need to go after the retailers.
NATO_Duke @ Sep 19th 2007 12:34PM
Waves, a corporation doesn't need precident to do this. They have the right to police their servers as they see fit - and they reserve these rights in their agreements when you sign-up.
Bad pr move or not, they have the rights to do it.
Perno @ Sep 19th 2007 11:57AM
There's no way this is true, NO WAY. I can't believe you published this. The "Microsoft Rep" was probably just some guy in New Dheli spewing some garbage.
Savok @ Sep 19th 2007 11:56AM
On one hand, this is bullshit.
On the other, we've seen stranger things and MS seems hell bent on taking Sony's title as "biggest pain in the ass" this generation.
They've managed to fuck everything else up, you'd think fucking up the Halo 3 launch would be too hard but MS is terribly skilled at fucking things.
ssuk @ Sep 19th 2007 11:59AM
I think it's good they're doing this, but only if people try going online with the game, not the single player campaign. Multiplayer can allow players to gain an unfair advantage by accustoming themselves to the new maps and gameplay types before others can.
But only for online modes, single player mode I wouldn't expect a ban for... Especially since this is money straight into MS' pocket. =/
Jonah Falcon @ Sep 19th 2007 12:03PM
No, they have full rights to suspend anyone playing the single player too. It's THEIR GAME.
There's a simple solution, anyway - just log off Xbox Live when you play.
Seraphim @ Sep 19th 2007 12:09PM
Wrong. The console keeps a track of every game you play so when you log back on it updates that information. The only way to do it is to take out the HDD while playing. Ofcourse that means you cant save.
ill trooper @ Sep 19th 2007 12:33PM
That's exactly correct, Jonah, all you need to do is log off LIVE like you say.
Oh wait, in the first paragraph of the post it says that solution won't work.
ohhh, I don't know who to believe! The post or the guy who didn't read it!
Jonah Falcon @ Sep 19th 2007 12:02PM
Note to Andrew: It's Microsoft's product, they can do whatever they want with it. No one is forcing anyone to buy the game.
First amendment rights don't apply here.
Seraphim @ Sep 19th 2007 12:07PM
LOL No, they cant just do whatever they want to it, you bought it so its yours. Microsoft owns windows but they cant just destroy all copies of people running illegal windows.
NATO_Duke @ Sep 19th 2007 1:06PM
You are partially right, but taking it to the wrong level. You own the game and they cant stop you from using it, but they can stop you from using it in correlation with a live account as those accounts are subject to the contracted agreements between MS and the end user. So yes, you can play the single player, but they can do whatever they wish in cancelling a live account.
HineyWipe @ Sep 19th 2007 12:04PM
Sue Everybody!
Microsoft announced extended warranty (up to 3 yrs) on 360 for RRoD. Why? Because they'd lose more in litigation over lemon-laws and such from various states.
Banning users over illegal copies, broken NDAs with betas, and modded hardware (DRM/DMCA) is one thing. Banning legit owners within 7 days of game "official" launch is silly.
M$, go after the channel leaks, not the cash cows.
Robobagins @ Sep 19th 2007 12:05PM
I know folks are ranting about the 360's EULA, but don't most xbox games have separate EULA's from the console's one? I'm not defending what they're doing, MS or the folks who sold the early copies (I'm sure they're the real contract breakers).
Hopefully if the bans are real, they're not permanent and MS goes after the real bad guys(Go OJ!).
Davinche @ Sep 19th 2007 12:14PM
I have halo 3 now.
I am playing with Live on right now.
No this is not true, one I have not been banned though I did get it today, and two if you read bungie.net, they said it themselves they would not ban someone for playing a game early.
Lastly, READ THE TERMS AND CONDITIONS. Jesus all the problems come cause people don't actually read it, if you read it you know what they ban you for and what not, AND PLAYING A GAME EARLY ISN'T THERE.
Also lastly, i don't know WHY they would want to anyways because Matchmaking playlists are not available, so you cant play the game online with bungie or ms employees.
I'm only up to the 4th level but I want to tell you this the game is epic.
Anticrawl @ Sep 19th 2007 12:18PM
I'll have to read up on that because if it is true then I need to let my buddy know the good news. He has an early standard edition copy but is afraid to even pop it in his 360.
I do remember Microsoft giving out a bounty to those who turned in people that stole the french copies of Halo 2. Not sure if that was true but I remember it being big enough to consider turning a friend of mine in. Truth be told I was just jealous but didn't really wanna play it in french the first time.