[UPDATE: Microsoft respons to possibe lawsuit]
Boutique law firm Abington IP says it could launch a class action lawsuit against Microsoft over the platform holder’s recent wave of Xbox Live bans.
“Microsoft has chosen to use one of the most indiscriminate weapons in its arsenal in an effort to combat piracy… Use of this weapon has resulted in a great deal of collateral damage,” the firm says on its site, as spotted by Inc Gamers. “Many people were affected who had nothing to do with piracy. Furthermore, Xbox console functions that have nothing to do with piracy were also affected or disabled.”
Boutique has posted a form on its website for consumers interested in partaking in the suit. The firm also suggests that Microsoft delayed making Xbox Live bans until new subscriptions had been purchased on the back of major game releases Halo 3: ODST and Call Of Duty: Modern Warfare 2.
“If you are an Xbox Live subscriber, had your modified Xbox console banned from Xbox Live, were not refunded a prorated sum for the time left on your subscription or have experienced other problems as a result of being banned, and would like to participate in a class action against Microsoft, please submit your information below,” reads the site.
Microsoft said last week that it had banned “a small percentage of Xbox Live users found to be in possession of modified Xbox 360 consoles. Estimates put the number of users banned at up to one million, representing five per cent of XBL subscribers, although that figure was shot down by Marc Whitten, the general manager of the online service.
“It’s a cat and mouse game. These were people that were pirating software,” he told VentureBeat. “We try to keep sanctity of life from a safety and anti-cheating perspective and we protect our partners. We didn’t release the number. I cannot explain to you why people would think it was a million people. It wasn’t a million people. Check the veracity of that claim. It was one news source. I think we do a really good job understanding what people are doing on the system. That applies to intellectual property (piracy) and how we treat the community in terms of harassment. We are committed to making it better and better.”
In a statement issued to the Financial Post, a Microsoft spokesperson said of the possible lawsuit. "Piracy is illegal and modifying an Xbox 360 is a violation of the Xbox Live Terms of Use. Microsoft is well within its legal rights to ban these users from Xbox Live."