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Microsoft says it's 'well within legal rights' to ban consoles

In response to a possible class action lawsuit resulting from a recent round of Xbox Live bans, Microsoft has now asserted the legality of its position. A spokesperson has told the Financial Post that piracy is a violation of the company's terms of use and that Microsoft is "well within its legal rights" to ban users from its Xbox Live.

It was reported earlier this month that the law firm AlbingtonIP is "investigating" the possibility of a class action lawsuit against Microsoft over the bans. The firm argues that timing of the bans -- shortly after the release of Halo 3: ODST and just prior to the launch of Modern Warfare 2 -- was designed to get as much money from Xbox Live subscriptions as possible. In other words, the firm believes that Microsoft personally waited for a time when many people -- modders in this case -- would be purchasing Live subscriptions for popular games -- money that probably wouldn't be refunded after a ban.

Joystiq's Law of the Game columnist, Mark Methenitis, classified the suit as a likely "cash grab," explaining that anyone savvy enough to mod an Xbox would know to stay well away from Xbox Live. We might add that major releases, like ODST and Modern Warfare 2, are the biggest targets for piracy, and likely correspond with rises in illegal downloads. And that just might have something to do with the timing of the bans in question.

[Via Kotaku]

Happy 4th birthday, Xbox 360

Cruising the Twitters, as we are wont to do, we stumbled upon a revelation, courtesy of one Major Nelson. That revelation: Today is the fourth anniversary of the launch of the Xbox 360. Yes, just four years ago, on November 22, 2005, the Joystiq universe was just buzzing with excitement. There were freezing cold lines to wait in, boxes to open and new games to play -- in fantastic HD resmolutions! And then, of course, it began.

Check out a sampling of our Xbox 360 launch coverage after the break.

Continued →

The Saboteur goes gold despite developer going dark

Though The Saboteur developer Pandemic Studios is losing its 200-person staff, the company's final game has just "gone gold" across Xbox 360, PlayStation 3, and PC. In a post on the studio's forums, Community Manager Mathew Everett noted that while "this has been a very difficult week for Pandemic Studios," The Saboteur will still be "available across Europe starting December 4 and throughout North America on December 8."

Unfortunately, it would appear that EA (the game's publisher) has forgotten about said release dates, choosing to offer as little marketing push as possible. We wish the folks at Pandemic Studios the best and offer our condolences to those who recently lost their jobs.

[Via PlanetXbox360]

Swag Saturday: Tekken 6 (360)

Here it is, folks: your chance to beat up relatives all throughout the holiday season, albeit from the relative safeness of Tekken 6's confines! For this week's Swag Saturday, we're giving out a copy of Tekken 6 for the Xbox 360 to one lucky commenter who tells us which fictitious holiday character (think: Santa, the Easter Bunny) they'd like to beat up the most, and with which Tekken 6 character they'd like to do so with. Fancy a battle of Kuma vs The Tooth Fairy? Perhaps Jack-6 vs George Washington (wait, he was real?!)? We want to hear about it!
  • Leave a comment telling us which fictitious holiday character (Santa, the Easter Bunny, etc.) you'd like to beat up most, and with which Tekken 6 character they'd like to do so with.
  • You must be 18 years or older and a resident of the US or Canada (excluding Quebec, mostly due to the gravitational quotient of poutine)
  • Limit 1 entry per person per day
  • This entry period ends at 6:01PM ET on Sunday, November 22
  • At that time, we'll randomly select one winner to receive one copy of Tekken 6 for Xbox 360 ($60 ARV).
  • For a list of complete rules, click here


What is Joyswag? Since we don't keep the games and merchandise we receive for review or promotional purposes, it becomes "Joyswag," which is passed along to our readers. For more info on our policy, click here.

PSA: Second Halo Legends episode free, available today only

If you enjoyed the Cowboy Bebop-meets-Master Chief action presented in the first episode of Halo Legends (seriously, that main character looked just like Spike Spiegel!), then you may want to check out the second episode of the Spartan-themed anime premiering today on Halo Waypoint. For 24 hours starting at 12:00AM PST (about eight hours ago), Xbox Live Silver and Gold members will be able to access "The Duel" through the "all-things-Halo" hub.

Microsoft also notes that this will be the last week for Xbox Live Silver members to explore Waypoint, and in turn, enjoy the weekly free episodes of Halo Legends. If you're wondering what time the show will be available for you and you don't live in North America, a full list of showtimes is available on Xbox.com.

Whitten: Xbox Live banning 'a cat and mouse game'

Speaking to VentureBeat, Xbox Live general manager Marc Whitten discussed the recent round of Xbox Live bans. According to Whitten, banning users from Xbox Live is "a cat and mouse game." Said Whitten, "These were people that were pirating software." He added that Microsoft looks at banning users "from a safety and anti-cheating perspective" and that the company looks out for its partners. Responding to the widely reported story that Microsoft banned over a million Xbox Live users, Whitten said that the figure is inaccurate. "I cannot explain to you why people would think it was a million people," said Whitten, then adding quite succinctly, "It wasn't a million people."

Whitten went on to state his belief that Microsoft does "a really good job" of monitoring the activity on Xbox Live, specifically in terms of piracy and online harassment. He concluded that the company is "committed to making [Xbox Live] better and better."

The interview also covers the recent integration of Facebook on Xbox, the effect Modern Warfare 2 had on Live activity (hint: a big one) and whether or not we'll be playing Facebook games on our consoles anytime soon. Don't expect a straight answer on that last one though, as the closes Whitten gets is, "In the future, they will move much closer together."

JBO: Joystiq Box Office, November 16 - November 20


We can't be gaming all the time, despite our best efforts, and from time to time we'll actually take advantage of the movie-playing abilities on our gaming systems. JBO features our top picks for XBL, PSN, Netflix's Watch Instantly and Blu-ray each week.

Recommendation of the Week:

North by Northwest: 50th Anniversary Edition (Blu-ray)
It's been 50 years since Alfred Hitchcock's classic North by Northwest first appeared in theaters, and Warner Bros. has put together an amazing package that includes a new one hour documentary about Hitchcock called "The Master's Touch: Hitchcock's Signature Style," and a new half-hour documentary about the film itself. It also carries over older extras like a documentary about Cary Grant, commentary and more. It's packaged in the Warner Blu-ray Book format that I loathed at first, but now love: No inserts or booklets to lose, and they look fantastic on a shelf. You've probably seen the iconic image of Cary Grant running in terror from a biplane, but never seen North by Northwest. For my money, it's his best film.


Read on for the rest of the recommendations, and as usual, we'll see you at the popcorn sta -- well, actually, we won't see you at all. But you catch our drift. Plus, be sure to tell us what you'll be watching, or what you've seen recently that bowled you over.

Continued →

Banned PSN player sues Nintendo and Microsoft

After being banned from the PlayStation Network for hateful comments stated in Resistance's online community, Erik Estavillo launched not one, but two, lawsuits against Sony for infringing on his "first amendment rights" -- an argument that was shot down by Judge Ronald Whyte simply because "Sony is not part of the government."

However, what Estavillo lacks in civil online discourse, he makes up for with sheer determination and persistence. In addition to Sony, he now has both Microsoft and Nintendo in his sights. Estavillo is seeking $75,000 from Microsoft for the "undue stress" and "sadness" caused by his Xbox 360's RROD. "Microsoft should have to bear the burden that is now put on the shoulders of this disabled plaintiff," his claim states -- a burden that is equivalent to the sum of 375 Xbox 360 systems, apparently. Nintendo is being sued for interfering with Estavillo's "pursuit of happiness." And how exactly is Nintendo doing that? "Deleting, blocking or prohibiting the Homebrew Channel and Ocarina applications" via a system update.

We're hoping you can see the sheer brilliance of Estavillo's strategy. He's offering the perfect opportunity for PlayStation, Xbox and Nintendo fans to agree on something for once.

Xbox 360 release of No More Heroes may be censored in Japan

Japanese retailer Amiami includes a note on its listing for the Xbox 360 version of No More Heroes: Heroes' Paradise that suggests that because it is based on the North American version of the Wii original, it is likely to carry the CERO Z rating (think an ESRB M rating, but harsher) when it is released in February. Because it is the North American version (with "bloodshed" intact), the site says, it will hold a special appeal for game fans.

The same message doesn't appear on the PS3 version's listing, suggesting that it'll be the same censored game that was originally released in Japan. CERO Z-rated games often don't get displayed on shelves, so if this is accurate, it'll ensure that only the hardcore will even know about the Xbox 360 version of the game. That would limit sales severely, if sales weren't already limited severely by its status as an Xbox 360 game in Japan.

[Via Siliconera]

British Intelligence recruiting Xbox gamers

The Guardian reports that British Intelligence is looking for a few good men. Specifically, the Government Communications Headquarters (GCHQ) is running ads on the Xbox 360 dashboard and within Xbox games to recruit new members. The GCHQ, which works with both MI5 and MI6 (yes, that MI6), seeks to recruit young people with an affinity for "quick thinking, problem solving and team work." GCHQ believes that these criteria are "reflected in game-play experiences on Xbox."

We're expecting a new generation of foul-mouthed, teabagging James Bonds any day now.

Worms 2 gets patched up on XBLA

We've all felt the pain of pressing the jump button a second time just barely too late in a game of Worms 2, sending a brave worm soldier free falling off the side of a mountain or, worse yet, into the watery depths below. Recognizing that the game might have some issues – and rather than simply calling us "newbs" like most people do – Worms 2 developers Team17 have just released a patch aimed at ailing all that is wrong with the adorable multiplayer strategy games.

Listing everything from "Back flip input slowed down to stop incorrect jumps harming the player" to "Fixed bug which made crates in Forts matches only land on the right hand side," as well as a slurry of other fixes, Team17 seems to have given the nearly five-month-old release a full overhaul. An overhaul that'll perhaps feel all the more worthwhile when the developers make good on next year's DLC for the game. In the meantime, we'll be over here waiting for you with a Buffalo of Lies.

[Via CVG]

Metareview: Left 4 Dead 2

Considering the devilishly heightened difficulty of Left 4 Dead 2, we're surprised enough outlets managed to complete a single campaign in time to submit a review for the title. We have to imagine GameSharks were somehow involved. Regardless, here's what other sites are saying about Valve's follow-up to last year's Zombocalypse survival sim.
  • Eurogamer (9/10): "Whereas once we treated Left 4 Dead as a stopgap between Half-Lifes, this is no longer a weird little side project with modest expectations, and Valve is confident enough to play around with it, safe in the knowledge that you can trust your players. Left 4 Dead proved it. And whereas that game had a personality, this one is overflowing with it."
  • IGN (9/10): "It remains one of the most distinctive co-operative titles out there, and allows for some of the most nerve-searing team-based multiplayer gaming on the market."
  • GameTrailers (8.7/10): "Though not an astounding improvement over the original, Left 4 Dead 2 successfully rekindles that magical zombie-hunting feeling with great new content, and a cool competitive multiplayer mode to boot."
  • Giant Bomb (4/5 Stars): "The core of Left 4 Dead may have lost some of its newness in the last 12 months, but the wealth of additions in this sequel ought to keep you blasting zombies and munching on brains for a good long while."

Jurassic: The Hunted demo now on Xbox Live

As a child, we were really into dinosaurs. Jurassic Park was our favorite movie, Dinosaucers was our favorite TV show and Yummy Mummy was our favorite cereal (that's not dinosaur-related, but we didn't want to lie to make the story better). So as we played the new demo for Jurassic: The Hunted, we couldn't help but feel that, with every shot, we were blowing away some small part of our innocence.

But then we pretended that each dinosaur was the one that ate Robert Muldoon, and we felt loads better. If you download the sample, which features a taste of the 'Survivor' arena mode, we'd recommend doing the same.

Rock Band Weekly: Tom Petty, Go-Go's, Kelly Clarkson, Pink

A live version of Tom Petty & The Heartbreakers' "Mary Jane's Last Dance" is available next week within the band's Rock Band DLC six-pack. The song may not be everyone's cup of formaldehyde, but it's certainly memorable for conjuring up one of the creepiest music videos of all time. We have no idea what the song is actually about, but it will always be the story of Tom Petty stealing Kim Basinger's corpse from the morgue, dressing her up, and then at the end .... AHHhhHhHHHH!

Check out the full update after the break, no new Rock Band Unplugged DLC next week.


Select a platform below to view complete DLC listing:

Continued →

RE5: Lost in Nightmares teaser goes back to the mansion

Jill Valentine knows what's up: Only the most refined individual understands the elegance of the crank. Chris Redfield and his personal gun show may complain that an entire mansion is being run on the archaic device in this teaser for upcoming Resident Evil 5 DLC episode, Lost in Nightmares, but that's because the dude doesn't respect the crank's noble history. We're just glad one of the two survivalists has enough class to acknowledge the significance of history's great gate opener.

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