Taking Xbox to Court?

Microsoft seems to have done it again and if the evidence holds up, there will be a powerful backlash towards Microsoft which will have interesting repercussions for Sony. Now, we have seen this all before and even I have a few issues with this all, which was until the following evidence was presented.

  1. The Broadband 4G modem had been exclusively used for the Xbox One.
  2. Security was properly in place (as far as I have been able to confirm)

The following had happened:

Without consent, the Xbox One has seemingly uploaded the following amounts of data:

Date Uploads Date Uploads
2017-01-13 339.1 MB 2017-01-21 591.0 MB
2017-01-14 445.1 MB 2017-01-22 277.6 MB
2017-01-15 242.3 MB 2017-01-23 607.5 MB
2017-01-16 268.8 MB 2017-01-24 210.6 MB
2017-01-17 113.1 MB 2017-01-25 358.8 MB
2017-01-18 793.6 MB 2017-01-26 493.5 MB
2017-01-19 251.6 MB 2017-01-27 482.4 MB
2017-01-20 332.0 MB 2017-01-28 65.2 MB

 

According to the mobile provider the uploaded files are all labelled Windows Azure – support large files download? When calling Microsoft, the help was not any better, the lady was trying to be nice, yet not really aware of what she was talking about. Her response was: ‘we have no influence on uploads, that is the responsibility of your ISP!

So, as the Xbox is uploading, that is suddenly the worry of the victims ISP?

So far the player has only played Fallout 4 without DLC’s, Diablo 3 and the Ezio Collection (Assassins Creed), all these games were played in single player only, so there is absolutely no reason to upload at all. What is even more disturbing is that there are no checks on this part, the mobile provider data so far matches the times that the system was in use for gaming and the times the uploads were happening.

What Microsoft would not be realising, which was a former Microsoft executive referred to as Don Mattrick, who tried to be funny with: “Fortunately we have a product for people who aren’t able to get some form of connectivity; it’s called Xbox 360“, yes and as orders were cancelled all over the place Xbox suddenly had a new boss. This all started in November 2015. Well as we seem to gather Microsoft is at it again and they haven’t been thinking this through as per usual (that is, if the facts handed to me and collected are correct), because some gamers are now facing a $120 a month additional bill, so year one for these gamers would be 12 * $120 + $450 for the console, making this device at $1850, three times more expensive than any other console. I think Microsoft forgot about mobile broadband users, they just get additional hardship. What is the issue is that all this is happening without consent and as far as the absent help from Xbox support has indicated, without the ability to switch it off. You see, there are plenty of places where broadband is an issue and those people are depending on mobile broadband and at $10 per 1 GB it adds up really fast.

So, even as Microsoft has now changed this approach (again), would customers have a case to get a full refund for console and all purchased games? Let’s not forget that Microsoft has done a 180 degrees turn on their ‘online requirements’ twice now, as well as it seems the requirement to be online to upload, which in light of single player games should result in several additional questions by parties involved.

So this is where I now stand. Awaiting two additional pieces of evidence. Should they arrive, the plan as the victim wants it is to prohibit Microsoft to continue sales of their devices until the forced uploads are deactivated, as well as reimbursements have been made. I do not think that this has any decent chance, but I will lend my support to all this. Microsoft has been playing their game via third party ‘players’ and as such there have been a few things rising to the surface. I personally believe it to be a harassment approach by Microsoft ‘to be online or else‘. I tested that with the Ezio collection. I went offline and played the game, so far after two days, after restarting the game, the achievement begotten whilst off line did not update. An issue the Xbox 360 never had and actually until recently it was not an issue (so this might be the side effect of something else). As I see it, the same day our victim suddenly say his annual Xbox one usage cost go up by a potential $1440, so we can agree that Microsoft, as per their usual self decided that profit at the expense of anyone else is preferred to a situation where the needs of the customer were respected, especially after the backlash that the first attempt had given them, again, awaiting those two pieces of evidence.

So far all contacts with Microsoft have been with the given air of ‘Well, everyone has unlimited broadband, don’t they?‘, which is nice until you get confronted with the most dangerous of obstacles, the disagreeable landlord, which in this day and age is not a good person to cross and that tends to happen more and more often, yet that is not what this fight is about. We are dealing with consent and undocumented consequences that doubles a person’s internet bill, through means that were not even essential. Off course that is not regarding the need Microsoft has to keep a record and copy of everything you are doing on your console, which by the way is well over 1000% of what multiplayer bandwidth would require, so there too are questions that need to be addressed.

From my point of view, apart from the financial damages that some players are now facing there is:

  1. How can uploads without consent be allowed?
  2. How can 2 single player games trigger a 5.8 GB upload in 15 days?
  3. The reference that the Mobile operator gave was: ‘Windows Azure – support large files download’, all uploads have that same title!
  4. Why is there no logging of uploads in the Xbox One?
  5. Which files and what exactly is being uploaded?
  6. Why did this suddenly start at midnight Friday January 13th 2017? (Which reads equally weird).

These are questions that matter, the reason is that without certain facts, there is absolutely no guarantee that this isn’t merely a hijacked router, which I have been able to prove that this is not the case to some extent.

Questions remain, you see, that part is given by the following sources: “They have clearly mentioned that their commitment to the UK is unchanged. In particular, those customers in Microsoft’s UK data centres should continue to rely on Microsoft’s significant investment plans there“, as well as “Microsoft highlighted that they have more than 5,000 highly qualified people working in fields including support, marketing, gaming, communications, cybersecurity and computer science research in the UK. Also, they have built a global centre of excellence for the development of artificial intelligence and other computing disciplines“, which we see in MS Power User (at https://mspoweruser.com/microsoft-re-affirms-its-commitment-to-the-uk-data-centre-expansion-plans-are-still-on-track/), now we need to realise that these are statements from a spokesperson, which means that that we are misrepresented without being lied to. I know, it’s a harsh world. Yet ‘5,000 highly qualified people‘, whilst seeing ‘marketing, gaming, communications, cybersecurity‘, could clearly imply that these are employees and it is not impossible that 40% of that workforce is not working on or connected to Azure. You see, the issue is when we see “Global Data Center Market Strategies, Analysis and Opportunities 2017-2023: Amazon (AWS), Microsoft, Google, and Facebook are in a Class of Their Own“, which we see in Global Newswire. The question that these parts lead to is whether it is possible that:

  1. Microsoft is trying to get an advantage on its capabilities and is trying to maximise the load of their Azure data centres, someone had the bright idea to use gamers for that and the people who tend to be useless in the technical field (read: senior management) forgot about the fact that not everyone has unlimited broadband and that some people (all over the world) pay per gigabyte and after a certain point that gets to be very expensive.
  2. Because the test requires that all (read: unknowingly) must participate, there is no option to switch uploads off, leaving us with the mess in option 1.

Now, this is for now speculative, but in light that I got this scoop and the media is ignoring gaming issues, just like the Sony Issue of 2012, so I am going ahead, so mind you, this story will be updated and there will be a part 2 when the rest of the evidence arrives, which could spark an official request against Microsoft with the Australian ACCC and the British CPS, and if Microsoft is proven not to be the evil organisation that they have been too often, than I will report that too, because just and fairness go both ways, and because it must rain on the just and unjust alike.

So stay tuned!

 

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