My Corner of the Interweb

Nope.

Mood: OK.
Music: Nothing.
Game: World of Warcraft, Planetside, Call of Duty, Auto Assault Beta.
Book: None.
Muffin: Raspberry-Peach.
Punchline: Nope.

Just don't feel like writing today.

I DO feel like going home, flipping on the air conditioner, and playing some World of Warcraft...get that Priest rollin'....

Maybe I'll write something pithy tomorrow. In the meantime, I've attached an article I wrote years ago for an online gaming site that's now largely defunct.

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I got a letter the other day, from someone complaining that they didn't agree with my last rant. I won't get into the point, but suffice it to say that I think the writer misunderstood MY point, and I was going to address it, because HIS point was perfectly valid, if misdirected...and worthy of another article. So I was going to write that article.

Then, Microsoft patched the dashboard...and frankly, I was all set to write that rant, too. Because 12 year olds with MS Paint should not be permitted to design interfaces.

Then, today, RAM2600 sent the GTDB team a (http://xbox-linux.sourceforge.net/docs/remotedelete.html) to an article/open letter to Microsoft that made me laugh with derision so loudly, that I knew I found my calling this week.

For the benefit of those who are click-challenged, the net of this article/letter is that when Microsoft patched the dashboard, they overwrote some OS directories. In so doing, folks who were using the MechAssault bug as a bootloader for Linux found that some of their data, which was placed in those directories, lost data. The author of this letter is explicit about the fact that he didn't agree to the EULA, never signed anything, and was ignorant of the terms and conditions of Live! And never even subscribed to Live! He is demanding that Microsoft help him get his data back, and that they stop deleting data from Xbox hard drives.

I don't even know where to begin on this one.

Let's start with the fact that he "never signed the EULA." As Gamertag says "You don't need to sign anything." Use of the system constitutes agreement. If you don't agree, you are instructed to return the system. He didn't. This in and of itself doesn't end the discussion, because, as my buddy Adam Wasserman says "Just because you write a EULA doesn't mean it's legal." Adam has a point. Sony's EULA for Everquest was struck down hard because it had in it a clause that specified that Sony had a right to invade your privacy to search your machine for certain things it deemed inappropriate or in violation of their terms and conditions.

Further, he's an EU citizen, German, I believe. It isn't clear that EULAs such as Microsoft's are legal in Germany without a signature, EU law being as it is. However, seeing as he purchased the Xbox in April, 2002 (his words...), he owns either a US Xbox, or a Japanese Xbox. The European Xboxes weren't released until March 14, 2003. So he owns a black/grey market Xbox which, at the very least, is questionable in regards to his rights and support.

He bought MechAssault (again, a US version, probably) which patched his Xbox with Live! He wasn't asked whether or not he wanted to patch his system. That the manual for MechAssault says it's Live! Enabled, and will patch your system must have been ignored. That it only patches your system if you actually attempt to use Live! To download new content must have been ignored, as well. He now had a Live! Option on his dashboard. Like anyone who doesn't read the manual, he immediately selected it, then entered in all his IP information and connected to the internet.

He claimed he didn't subscribe to Live! (And probably didn't...seeing as he was in Germany, and Microsoft wasn't accepting non-US credit cards at that time....) so what possessed him to enter in his IP information, and actually leave his Xbox hooked to the internet? No idea.

Next, he admits to having used the MechAssault bug as a bootloader to run Linux on his Xbox. This is a clear violation of Microsoft's terms and conditions, and they caution you that you should not use this Xbox for anything other than playing licensed games, and that any modification of the system or software is done at your own risk. He installed Linux (or had it installed for him...), which requires that he place files in Xbox OS directories. They aren't necessarily clearly labelled, but if you're messing around with operating systems, you should know what you're doing. Especially Linux. And he shouldn't be pretending that he thought Microsoft would allow him to install Linux on this thing.

Sometime later, he selects the Live! Tab again (accidentally, he claims) and it proceeds to update his system with that horrific Live! Dashboard update. Again, it doesn't ask him...it just does it.

When the patch is done, he checks the directories, and, surprise surprise, the OS directories have been overwritten, deleting any data that he had stored there. He is now demanding that Microsoft help him recover his data, that they stop patching systems without people's permission, and stop deleting data without permission.

I have a newsflash for Mr. Michael Steil of Germany: You need to grow up and take some responsibility.

You've modified a black-market Xbox using a bug in a piece of grey-market software, actually connected the thing to the internet for no reason, left it connected even though you don't use Live! in spite of the fact that you know what it does, ignored all the written warnings in THREE different manuals, ignored the terms and conditions on the Xbox itself, didn't bother to read any of the bulletin boards that state that using Live! once you've loaded Linux on it will result in data loss...you've decided that somehow, it isn't YOU that's at fault, it's MICROSOFT that's at fault for your data loss, and should help you now.

Jfrag said it best: What is it with people who take zero accountability for their actions these days?

OK, Microsoft should provide the OPTION to update the software, and indicate that you will not be able to play online until you do. That'd be better user relations, and better interface design. No argument there...but they don't work that way right now. They never have, and they warn you that they don't...in writing.

TristanSim says: "He should have just been more careful. It takes a lot of effort to do what he did...why not protect it? Especially if you have your box connected to the internet. I doubt MS has Live set to "screw linux users" mode...the update was probably just standard procedure, whatever Live! does to make sure everything's running correctly. I would fault MS for going after linux users, and trying to delete their data. I wouldn't fault them for accidently deleting data that they didn't expect to be there, and that was put there using a bug in the system, while they were running routine updates."

Lastly, Mr. Steil writes: "I might remind you that in Germany, the "Zweites Gesetz zur Bekaempfung der Wirtschaftskriminalitaet" (15.5.1986) states in § 303a that unauthorized altering and deleting of data can lead to prison sentence."

I'm wondering if that includes alteration and deletion of sections of the Xbox OS to run Linux.

Just curious.

Justicar

Posted by Glenn at August 17, 2005 03:04 PM