A law firm that specializes in consumer class action lawsuits is probing the recent purging of Xbox Live accounts in what may be a setup for future litigation.

Inc Gamers noticed that AbingtonIP currently has a form on its website asking those affected by the ban—and who were not refunded a prorated sum for their time remaining on Xbox Live—to send in pertinent information. The law firm writes, “Microsoft has chosen to use one of the most indiscriminate 'weapons' in its arsenal in an effort to combat piracy -- as a result, use of this 'weapon' has resulted in a great deal of collateral damage -- many people were affected who had nothing to do with piracy.”

AbingtonIP calls the timing of the widespread ban “convenient,” in light of the pending, post-ban release of Call of Duty: Modern Warfare 2 and thinks the ban may have resulted in a boost to Xbox Live subscription revenues. If the ban had been enacted before the release of MW2 and Halo 3: ODST, the law firm supposes that sales of both games would likely have been “greatly diminished.”

A Buffalo Grove, Illinois boy called 911 after his parents took away his Xbox console as punishment.

The boy hung up, reports The Chicago Tribune, but as a matter of routine, an officer was dispatched to the home just in case. The boy apparently admitted to making the call and asked a cop whether his parents were within their rights taking away his game system. A police officer assured him that they were.

A Police Commander told the paper that he did not know why the boy was being punished. Police further advised the boy to listen to his parents.

Microsoft has once again taken out its ban stick, this time in an effort to prevent modified Xbox 360s from accessing Xbox Live.

A story on GamesIndustry.biz estimates the total number of banned accounts at around 600,000. Total Xbox Live accounts number over 20 million. Modded console owners will still be able to use their 360s offline.

The BBC (thanks beemoh) has reaction from one of the banned gamers, a 25-year old gamer dubbed “Raz.” Raz had his 360 modded in the back of a shop for £75 (approximately $125.00 U.S.). He estimated that the ability to pirate and copy games “saved” him about £600 (approximately $993.00 U.S.) and that he copied 30 or 40 games in all.

Ironically, Raz then had the temerity to complain about the high price of games:

I still think they should lower the prices. There are 16-year-old kids out there, they don't earn money so they go screaming to their parents saying, 'Can you buy me this game?

So Raz, are you going to buy another Xbox?

To be honest, I've contemplated whether to move to PlayStation 3 or buy another Xbox. I wouldn't do it again [chip the 360] but I really don't know if I'm going to get the Xbox again now."

It's always fun reading the Xbox Forums after such a widespread ban.

Following up on news earlier in the week regarding the next Xbox Live update locking out unauthorized storage devices, Datel, a manufacturer of such devices, has responded.

A Datel spokesperson told CVG that such a lockout would prevent “customers from exercising their freedom of choice.” It appears that Datel has no more information on the proceedings than anyone else who read Major Nelson’s blog, as they stated “If the Major Nelson blog is to be taken at face value then we're disappointed...”

The Datel mouthpiece added:

We are following this issue and awaiting the outcome like everyone else. Everyone is looking for ways to make their cash go further at the moment and we believe that Max Memory offers a good value, high capacity, alternative to the official Memory Unit.

As part of its next Xbox Live Update, Microsoft will cripple the use of any unauthorized, third-party 360 storage and memory devices.

The news was announced on Major Nelson’s blog and has more than a few 360 users upset, as third-party devices are less expensive than Microsoft’s first-party offerings and have worked fine with the 360 up until now. A 4GB Max Memory Card offered from Datel sells for about $49.99, while Microsoft’s official Xbox 360 Memory Unit has 512MB of storage and sells for $29.99.

Some comments on Major Nelson’s blog praise Sony for the open architecture of the PlayStation 3, as any hard drive or USB storage device can be utilized. Xbox Live user Southpaw asked if “Microsoft made cars we could only buy Microsoft gas and drive on Microsoft roads?”

Major Nelson weighed in this morning on the 15^th page of comments, saying “It took some time, but I have read all the comments here. Some interesting points that I'll be sharing.”

While this could be a way to affect 360 modders and/or hackers, what are your thoughts? Buyer beware for using a third-party device or a bad move by Microsoft in alienating its fan base?

The year is 2011. President Obama has just outlawed the private ownership of firearms, announced that the Constitution has been dissolved and revealed that the United States is going to be replaced by the North American Union, an amalgamation of the U.S., Canada and Mexico. Revolution breaks out. Your part in this is to help capture Obama and the renegade Cong (former Congressional leaders).

This is the premise of a new online community and game calling itself United States of Earth. The extensive site is almost overwhelming in the sheer amount of information it provides, but centers around a browser-based war game in which a player can train and amass troops with the intention of taking over counties in Virginia. Players can also challenge other United States of Earth users in real videogames on Xbox Live or the PlayStation 3 network in order to win points to be used on the site.

Once logged in, users have access to a series of stories and videos that revolve around the fantasy setting, Stories include: Rush Limbaugh and Glenn Beck Found Dead in Camp, Barack Obama Retreats to Virginia With Wife, Former V.P. Joe Biden Captured Outside Arlington and The Cong Loses Control, Pelosi Captured!

Obviously setup by a right-wing oriented person or organization, the United States of Earth website domain is registered under contactprivacy.com, a service designed to protect the name of whoever registered the domain. The terms/contact page of the website lists what they call a “virtual office” in Brooklyn, New York.

Also from the terms page:

We take the Constitution of the United States seriously here and apply many if not most of the freedoms contained within to our own United States of Earth. It is a shame that America itself no longer safeguards its citizens freedom as we enter this next glorious age of collectivism and decay promised daily by those in power, Republicans and Democrats. Will America survive? Only time will tell.

Via: Phillip and Fark

Usually, it's the PC crowd that gets dissed by game publishers. But in the case at hand Valve is doing right by computer gamers while Microsoft seems intent upon squeezing the last nickel out of Xbox 360 owners.

At issue is Crash Course,  a bit of DLC for the popular zombie shooter Left 4 Dead. Valve, which doesn't charge for DLC, plans to give Crash Course away to PC players. Meanwhile MS will be nicking 360 gamers $7 for the download.

Not that he has any explaining to do (although MS does), but Valve's Chet Faliszek told Eurogamer why it's happening this way:

We own our platform, Steam. Microsoft owns their platform. They wanted to make sure there's an economy of value there...

Via: The Consumerist

Calls to boycott Xbox Live Arcade offering Shadow Complex because it is based on the works of anti-gay rights author Orson Scott Card may be falling on deaf ears, reports gamezine.co.uk.

Card is part of the National Organisation for Marriage: founded in 2007 to act as an organised opposion against same-sex marriage. Card has personally campaigned against gay marriage, which he believes would mark an end to democracy. He further argues that homosexuality is a dysfunction...

Whatever the case, it looks like the boycott didn't work. Following rave reviews, Shadow Complex has romped to the top of the most played Xbox LIVE Arcade titles, even entering the top ten of all Xbox 360 games played online.

Shadow Complex, an adventure game in the vein of Castlevania or Super Metroid, became available for sale last week on Xbox Live Arcade. While the game has garnered impressive reviews, some are upset by the fact that its plot has been derived from the fiction of Orson Scott Card, a known campaigner against gay rights.  Gamers upset by this news are suggesting a boycott to ensure their dollars don’t end up funding Card's political agenda.

In an opinion piece for Gamasutra, Christian Nutt sees the idea of boycotting a game based on the political views of one of the creative influences as a sign that video games are growing up:

When Shadow Complex was announced, I personally was torn. I'd already long since made the conscious decision to not support Orson Scott Card directly with my money...

 

What bothers me is people who suggest that it's a non-issue because the topic of discussion is a game... "Remember back when we were kids and we just enjoyed games?" asks Wizman23.

Yes, I do. But we are not kids anymore... I was 32 on the day [Shadow Complex] became available for download on Xbox Live... I can't approach things the way I did as a child. That's not me being self-righteous; I mean that I literally cannot do this...

 

And that's why it's acceptable to talk about this... If we can have meaningful political discussion in other media, we can have it in games.

From all accounts, Shadow Complex looks like a very fun game.  For those who are put off by Card’s involvement, Nutt points to a suggestion offered up at GayGamer: buy the game and make a donation to a gay-positive charity to offset any profit Card may see from the sale.
 
-Reporting from San Diego, GamePolitics Senior Correspondent Andrew Eisen...

Times are tough, so why not blow your last few bucks on virtual threads for your Xbox Live avatar?

Designer Michael Connell spoke to Kotaku about his new line of fashion for XBL. While some of Connell's designs pay homage to the popular Steampunk style, he also gives a nod to the down economy with "Recessionista" clothing:

I was thinking about making a statement, if you will, that even though this time of global recession, everything isn't bad." Connell said. "And in the 30s, in a time that was really bad, much worse than it is today, it wasn't all bad. There was fashion that was quite interesting. And this fashion wasn't the couture that was happening at the time...

 

[I hope] to kind of show that there are good things and we've been there and we'll get out. Clearly these are subliminal messages, but this is what I was inspired by. If you design a collection I think the most important thing is there needs to be heart and soul and direction.

The Entertainment Consumers Association is urging gamers to stand up and be counted for Net Neutrality.

In an e-mail circulated yesterday, the ECA issued a call to action:

Now is the time for you to stand up for your rights and join millions of Americans of every political persuasion in the fight for Net Neutrality. Net Neutrality is the principle that ensures that gamers are free to go where they want, do what they like, and connect with whom they choose onlin. Congressmen Ed Markey (D-MA) and Anna Eshoo (D-CA) have introduced H.R. 3458, the Internet Freedom Preservation Act of 2009.

Take action now and tell Congress to make Net Neutrality the law of the land. Without Net Neutrality, your Internet Service Provider is free to: charge you extra for playing World of Warcraft, to interfere with Xbox Live, or to completely shut off your ability to access for favorite web sites. Net Neutrality effects your entire online experience...

This is our best chance yet in making sure that Net Neutrality is passed by Congress. The head of the FCC supports it, the President of the United States supports it, and we're asking you to make sure to tell Congress you support it. Take a moment to send them the message to make Net Neutrality the law.

A suggested letter to Congressional representatives is available from the ECA website.

GP: Gamers, this issue may not inflame passions in the same way that the censorship debate does, but it's just as important in the long run.

FULL DISCLOSURE DEPT: The ECA is the parent company of GamePolitics.

The recent discussion concerning the ESA's desire to have its rating organization, the ESRB, evaluate game content for the iTunes App Store brings a number of questions to mind:

1.) Why?

Having watched how corporations, lobbyists and their related entities do business for some time now, I'm too jaded to believe that ESA/ESRB wants to jump into rating App Store games for the good of society or because it's the right thing to do. This would, after all, be a significant commitment of ESRB resources. Generally such things happen because there is revenue to be made or there's power to be grabbed.

Despite its present chaotic nature, the App Store is a rising star in the game space. Getting in on the ground floor would be a coup for the ESRB. Apple has a lot of money, too, and the ESRB is paid a fee by the developer/publisher for each game it rates. Despite my cynicism, ESRB spokesman Eliot Mizrachi told me that it's not about the Benjamins:

ESRB is a non-profit organization funded by the revenue generated from the services we provide the industry.  Given our highly discounted rate for lower-budget games, rating mobile games is not a financially attractive proposition; however we believe making ESRB ratings available for those games would serve consumers well.  Parents are already familiar with ESRB ratings and find them to be extremely helpful in making informed choices for their families.  
 
To be clear, our desire is to see Apple integrate ESRB ratings as an option in its parental controls and display a game’s rating (if it has one, the ratings are voluntary after all) in the App Store or on iTunes prior to purchase, not to require that every game available via an iPhone carry an ESRB rating (just as not every piece of video content available will carry an MPAA or TV rating). 

 

Apple’s integration of ESRB ratings into its parental controls for iPhone games would afford parents the ability to block those video games that carry an ESRB rating utilizing the same tool they are being offered to block video content that has been rated by the MPAA or carries an official TV rating.  It’s about giving parents the same ability to do on the iPhone what they are being offered with other entertainment content and can already do on game consoles and other handheld game devices.     

2.) What would it cost?

I asked the ESRB what it costs a developer/publisher to have a typical console game rated?  Would the cost to rate an iPhone game be less? Mizrachi said:

Our standard fees for getting a game rated cover the costs of providing that service.  However, to make accommodations for lower-budget product like casual and mobile games, several years ago we introduced a highly discounted rate - 80% less - for games that cost under $250,000 to develop.  We believe most iPhone games would likely be eligible for the discounted rate.

3.) Isn't this a lot of extra work for ESRB?

Mizrachi was asked whether the ESRB has the capacity to handle an influx of iPhone games for rating. His response:

ESRB has seen increases in rating submissions each year since its founding and has always been able to keep pace.  We have rated more than 70 mobile games to date and will undoubtedly rate more in the future as the market grows.  Consumers of those mobile games that have been assigned ESRB ratings should have access to rating information, and if parental controls are available, the ESRB rating should ideally be operable within that framework. 

4.) If the ESRB plans to do App Store games, what about Xbox 360 Community Games (soon to be known as Indie Games)? 

I also asked Mizrachi about the indie games on XBL. Wouldn’t they seem to be a more natural focus for the ESRB before targeting iTunes? Mizrachi said:

Once XNA games graduate to XBLA they are rated by ESRB... ESRB isn't "targeting" iPhone games.

5.) Who would pay for ESRB to rate App Store games?

Not the creators of $0.99 games, for the most part. They are apparently not making significant revenue. Apple has a deep pocket, of course, although they are not the creator of the games for sale on the App Store. Perhaps the larger industry players such as EA, Namco, etc. would foot the bill for their games. They are already accustomed to dealing with the ESRB.

6.) If only some games are rated, why bother?

But then again, if only the commercial game apps from major publishers are rated, how does that stop your kid from downloading Baby Shaker or Hot Dog Down a Hallway? The foundation for the retail employment of ESRB rating is its ubiquity. Major retailers won't carry non-rated games. Thus, parents have a reasonable expectation that their 12-year-old will be turned down if he tries to buy GTA IV. If not all App Store games are rated, such an expectation is not applicable. So, what's the point?

Hopefully we will learn more about the ESRB's plan as we go forward.

A recently-released Xbox Live Community Game (MS recently announced that these will soon be called Indie Games) features President Obama as a side-scrolling, 2-D brawler.

Angry Barry is available for 400 points on Xbox Live. We didn't spring for the game although we did check out the free demo.

Hillary Clinton makes an appearance in the game and the screen shot at left appears to feature Sarah Palin. From the game's XBL page:

Angry Barry is a sidescrolling, political parody, 1-2 player 2D beat 'em up in the tradition of many classic arcade games. Take control of Barry as he tries to take over the Presidency of the United States!

Larry Hyrb, aka Major Nelson, is currently in Baghdad.

The Director of Programming for Xbox Live tipped readers to the surprise 10-day trip in a blog post on June 7th:

I am a few hours away from stepping on a plane for the first leg of my journey to Baghdad, Iraq for the Iroq-Band competition taking place next week. I am honored to be asked to support the event, and I am looking forward to meeting many of service men and women that are Xbox LIVE members...

 

With all of the travel and security involved in this trip, my online time... will be extremely limited... I want to warn you that I’ll be unusually quiet (which I am sure won’t bother some of you) during my radio silence. 

Major Nelson arrived in Iraq on Wednesday. Despite the heavy security of a war zone, he has been providing numerous updates via Twitter. Some of his recent tweets give the flavor of the experience:

It takes you back when the staff where we are staying have sidearms and automatic weapons.

 

Taking a scenic tour of downtown Baghdad aboard a Blackhawk heli.

 

Apparently I slept through a mortar attack last night. No one was injured.

 

Seems like Xbox 360 is everywhere on this base. The only thing they don't have is LIVE due to the poor connectivity.

 

Most popular games on the base? Rock Band, Halo, COD (any of 'em) and all sports games.

The pic at left is from the Major's ride-along with a Blackhawk sortie over Baghdad.

Suddenly, there's a good bit of discussion in Washington, D.C. about the possibility of a value-added tax, or VAT.

For the uninitiated, a VAT is essentially a national sales tax. As the Washington Post points out:

Common around the world, including in Europe, such a tax... has not been seriously considered in the United States. But advocates say few other options can generate the kind of money the nation will need to avert fiscal calamity...

A VAT is a tax on the transfer of goods and services that ultimately is borne by the consumer. Highly visible, it would increase the cost of just about everything... But VAT advocates say those negatives could be offset by using the proceeds to pay for health care for every American...

Should a VAT be enacted, it will tax every type of transaction involving a good or service. For gamers, that means disc-based and downloaded software, consoles, peripherals and even monthly fees for Xbox Live, Second Life and World of Warcraft.

The WaPo posits scenarios involving VATs ranging from 10-25% but concludes that a VAT is unlikely - for now.

As GamePolitics mentioned earlier this week, the politically-tinged indy game Clover was released as an XBL Community title.

While the game is essentially an allegory about the twisted path that led the United States to invade Iraq in 2003, Fidgit's Tom Chick finds Clover wanting in the fun department:

Entertainment has a long and storied history of commenting on politics. Unfortunately, Clover seems to lost sight of the entertainment part of the equation. Or maybe I'm to blame for not having the patience to play through a crudely drawn and even more crudely built adventure game based on inventory management.

I can eventually get past the look of the game, which might be described as South Park run through a Braid Photoshop filter...  The problem with "message" games is that unless the message is delivered with some sort of nuance or power... the gameplay is going to have to take up the slack...

Clover, an Xbox Live Community Game being developed by Binary Tweed has now launched. As GamePolitics reported recently, the story which unfolds in Clover was heavily influenced by the run-up to the Iraq War.

In fact, Binary Tweed calls the game a "watercolour political platform puzzler," and those are four words you don't hear strung together very often.

From the Clover press release:

Already in the hands of some early-bird gamers, the true nature of Clover's political plot is becoming clear. “It's been great to read emails from gamers who have picked up on the historical and political references - if Clover has one objective, it's to make people think.” commented Binary Tweed's Deejay. Heavily inspired by the events preceding the 2003 Iraq war, the game invites players to draw their own conclusions from unfurling events.

We're intrigued by Clover, a nearly-done Xbox Live Community game which its creator says was heavily influenced by the prelude to the war in Iraq.

While we don't want to give too much away, Deejay, who heads Binary Tweed, added:

The game is loaded with references to speeches by George W. Bush and Tony Blair, as well as references to World War II and September 11th...

Clover is set in a pseudo-Tudor monarchy with a welfare state, experiencing increased security measures after an act of foreign aggression, in which the lead character's mother has died.

To make things just a bit more interesting, the Clover web site has apparently been viewed by both the Central Intelligence Agency and the United States Army Information Systems Command.

That's a bit spooky...

While no official launch date has been set, Clover should be available in early May for 400 XBL points.

Xbox Live has had a rocky relationship with its gay and lesbian users in recent times, but there are signs that things may be improving.

Gay Gamer reports that Stephen Toulouse, who polices the XBL community, recently met with members of the Gay & Lesbian Alliance Against Defamation:

I can't talk about what we discussed specifically except to say that we provided them with a lot of information about what we do today, why we do what we do and how we do it. And then we asked them the question, 'How can we do this better?' And we have some ideas. Here are some ideas. That dialog was super, super helpful. I think it was a great engagement. Justin and Jeffrey who came out from GLAAD really appreciated the effort that we're putting into it - and had great ideas, like they brought up some stuff we hadn't thought of.

We'll plan to say something about [GLAAD and Xbox LIVE policy] in the future.

Via: Kotaku

A Florida woman is understandably upset after someone posted a message on Xbox Live advertising that her two-year-old daughter was for sale - and included her home phone number. The offer included free shipping.

As reported by the Charlotte Sun, Christa Manos of Punta Gorda began receiving angry phone calls from Xbox Live users on Saturday night.:

The [first caller] was furious Manos would consider putting a price tag on her child.

At first, it sounded like a prank. But the phone kept ringing, with more and more angry voices from across the United States. Some just cursed at Manos. Others called her a bad mother. She didn't know what they were talking about.

"By the 18th or 19th call, I knew something wasn't right," Manos said.

The Charlotte County Sheriff's Office is investigating.