People are already getting their Xbox Ones delivered from Target in the mail...

Hard to believe how MS doesn't see this as bad press. Its not like the guy was even slandering it , he was overwhelmingly positive about his entire experience even still positive after the ban. Its like free fucking PR in the best form possible.

Its not like the guy was making money off showing the console off. He was just an excited fan who got lucky.

What a strange world we live in these days. I remember those who got consoles early were never treated like this before.

Welcome to computing via the Cloud.
 
Why did they ban him? Now they just have bad publicity. 'Oh no one person got the console and talked about it.. Lets ban him for really no reason...' It would have been better if they just let him play it unless they really have something to hide.
 
and MS wonders why no one trusted them with their original vision of the Xbox One with always online and pure digital.....lol
 
King Icewind said:
Why did they ban him? Now they just have bad publicity. 'Oh no one person got the console and talked about it.. Lets ban him for really no reason...' It would have been better if they just let him play it unless they really have something to hide.
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Basically because he was posting lots of information even Press outlets are not currently allowed to post because of an NDA that forbids them from doing so until a fixed date (likely a few days before the launch). He was spilling it all over it Twitter , NEOGAF and Youtube. He also commented that he could see at least a 100 or so other people playing (assuming they also got their consoles before launch) and only a few other people have came forward so far (playing it smart).

Its funny though because his experiences overall were very positive ones and really damn good PR for the Xbox One. He said he loved the Kinect and how it was fully integrated into the experience on the console. He commented that he thought the UI was very snappy , never lagged nor crashed (conflicting with rumors being thrown around). It was a total win for MS in terms of positive output.

From a standpoint of a business its understandable in terms of building hype but this is an end user , preventing his experience doesn't do anything but add negative reinforcement to an already troubled source of not so great news even since its announcement.
 
Godmachine said:
Basically because he was posting lots of information even Press outlets are not currently allowed to post because of an NDA that forbids them from doing so until a fixed date (likely a few days before the launch). He was spilling it all over it Twitter , NEOGAF and Youtube. He also commented that he could see at least a 100 or so other people playing (assuming they also got their consoles before launch) and only a few other people have came forward so far (playing it smart).
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I don't see how that could be a justifiable reason to ban him. Like you say, the media is under NDA. He is not. He violated no laws and no contract by posting videos of a product that he bought and should be legally his to do as he pleases.
 
demingo said:
Where did he sign a legal contract with Microsoft promising not to play it until the 22nd? He legally owned the system. Once Target delivered the product and took his cash, it was his property.
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Viper87227 said:
This! I don't get how anyone could argue against this point. He's not the press. He didn't sign an NDA. He paid for a product, and the product was given to him. It's his property and he should be able to use it, no questions asked.
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The console isn't released yet and neither are the games. Even recently with GTA V copies that leaked early, you received a console ban. It's not a new thing for companies to do, why are you acting surprised?
 
Viper87227 said:
I don't see how that could be a justifiable reason to ban him. Like you say, the media is under NDA. He is not. He violated no laws and no contract by posting videos of a product that he bought and should be legally his to do as he pleases.
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I'm pretty sure it'll be in those all I encompassing EULA that he probably auto-accepted by turning the console on.

Thus is the world until someone successfully challenges that BS.

I'm curious if the ban gets lifted when the official release happens. If it doesn't, that is some total bullshat.
 
HisSvt76 said:
Just so you know since you are always negative target doesn't pay minimum wage they maintain a level above the states minimum wage. My teenage daughter works part time there and makes 11.50/hr .

This was obviously a warehouse mess up it happens.
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Are you serious? Well then go look up a salary database for Target. Looks like you start at the bottom at Target if you were to ask me.

From 2011

1. Greeter/Floor Sales Representative
Target: $6.77 - $12.06 per hour

2. Cashier
► Target: $7.38 - $10.27 per hour

7. Customer Service Sales Associate
Target: $7.34 - $16.76 per hour

8. Laborer, Freight, Stock, Material Mover
Target: $6.93 - $14.08 per hour

http://jobs.aol.com/articles/2011/05/02/target-vs-walmart-which-one-is-a-better-place-to-work/
 
However, it sounds like this episode will end well. Weingarten had an amicable chat with Larry Hryb—"Major Nelson," the No. 1 community guy for Xbox Live—and was assured that the console ban is not permanent. Sometime before the Xbox One's Nov. 22 launch, Weingarten's console will go back online in good standing. Microsoft will also pull its copyright claim on Weingarten's YouTube video of the console's unboxing, which—along with a slew of Tweets—appeared to get him in so much trouble overnight.

And then Weingarten will attend the Xbox One's gala launch event, as a guest of the company.
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http://kotaku.com/the-guy-who-got-t..._source=Kotaku_Facebook&utm_medium=Socialflow

I'm sure he's happy MS is pulling its copyright claim before launch on his Youtube videos. Three of those = your account is closed on Youtube forever.

I can only imagine how jealous even the Press is that he got to experience day one stuff before everyone else.
 
got an X one game but no console. poor guy cant use his console. maybe he can hopefully find an X one game and play SP till the actual launch date.
 
teletran8 said:
Are you serious? Well then go look up a salary database for Target. Looks like you start at the bottom at Target if you were to ask me.

From 2011

1. Greeter/Floor Sales Representative
Target: $6.77 - $12.06 per hour

2. Cashier
► Target: $7.38 - $10.27 per hour

7. Customer Service Sales Associate
Target: $7.34 - $16.76 per hour

8. Laborer, Freight, Stock, Material Mover
Target: $6.93 - $14.08 per hour

http://jobs.aol.com/articles/2011/05/02/target-vs-walmart-which-one-is-a-better-place-to-work/
Click to expand...

This is very off topic but that article is very inaccurate even people in the comments said that.

Now of course pay is regionalized and will vary but the one by me is very large high volume super target and the wages in my area are not bad.

Of course pay is based on position and experience as well.

Before I had several strokes and became disabled I worked there full time early shift as a backroom supervisor to supplement my PC business and I made 16/hr for the ease of that work that isn't bad.

Looks like Microsoft is taking good care of this guy now so we all got a great show last night he got some fame and we got to see the Xbox one works very well!

I saw one today at best buy it isn't as big as it looks in photos.
 
bigdogchris said:
The console isn't released yet and neither are the games. Even recently with GTA V copies that leaked early, you received a console ban. It's not a new thing for companies to do, why are you acting surprised?
Click to expand...

Because the moment you take them to court they would get destroyed since there is no legal agreement for it.

And before you say that suing is hard, its not. You can take them to small claims over this, the filing fees vary but usually are under $50. For damages (loss of system, and time, etc) you could probably get a couple grand easy. I'd be surprised if they even showed up.
 
demingo said:
Because the moment you take them to court they would get destroyed since there is no legal agreement for it.

And before you say that suing is hard, its not. You can take them to small claims over this, the filing fees vary but usually are under $50. For damages (loss of system, and time, etc) you could probably get a couple grand easy. I'd be surprised if they even showed up.
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I take it you haven't read any recent results in the news from the wonderful legal system in the US in the last... few decades.

Microsoft has billions of dollars and binders full of lawyers , you would get fucking destroyed period. They can hold you in court for months costing you tens of thousands of dollars and make you settle for nothing and maybe then they won't counter sue you for wasting their time. You would really need a class action lawsuit to garner any real attention but since you can't do that (and even if you win , you'll get maybe a check for $25 after the lawyers take their cut) you honestly have little legal grounds to stand on. You agree to Microsoft's EULA when you probably first start up your Xbox One meaning you signed away your digital rights to sue them.

Money wins in the legal system virtually every time.
 
Godmachine said:
I take it you haven't read any recent results in the news from the wonderful legal system in the US in the last... few decades.

Microsoft has billions of dollars and binders full of lawyers , you would get fucking destroyed period. They can hold you in court for months costing you tens of thousands of dollars and make you settle for nothing and maybe then they won't counter sue you for wasting their time. You would really need a class action lawsuit to garner any real attention but since you can't do that (and even if you win , you'll get maybe a check for $25 after the lawyers take their cut) you honestly have little legal grounds to stand on. You agree to Microsoft's EULA when you probably first start up your Xbox One meaning you signed away your digital rights to sue them.

Money wins in the legal system virtually every time.
Click to expand...

You haven't read much about the success of small claims suits vs large corps have you? Sue them for millions of dollars? Sure you'll lose. Sue them for a grand or two? It's cheaper to pay you than to fly their lawyer out to argue the case.

Do a bit of research on small claims. You won't get much cash, but you can get the cost of the Xbox + your time.
 
demingo said:
You haven't read much about the success of small claims suits vs large corps have you? Sue them for millions of dollars? Sure you'll lose. Sue them for a grand or two? It's cheaper to pay you than to fly their lawyer out to argue the case.

Do a bit of research on small claims. You won't get much cash, but you can get the cost of the Xbox + your time.
Click to expand...

No I haven't because I read constant articles on how regular people are sued into oblivion. People who are law abiding and have not done any wrong doing.

Ever heard of a piracy honey pot or piracy suing trolls? Imagine being tagged for a crime you A) Did not commit B) Wasn't even your IP that is being referenced in court C) End up having to dump your life savings into court to afford the lawyers required to fight your case with judgements sometimes not being handed out for years on end. Then you have to counter sue to attempt to get the money you spend on lawyers in return .. by paying your lawyers even more and hoping to gain some fraction of what you spent in court. Its gotten so bad that Judges are finally approaching such cases with grand amount of skeptical query. So when I think of someone suing Microsoft for banning their console until the 21st of November after which full access will be restored all I can think is what a giant waste of time and money that would likely end up being.

And I wasn't talking about suing for millions of dollars I'm talking the money it takes to get everyone in the same room in the same city in the same state. Its simply not worth the time involved .. almost ever. And if you don't get a judge that sees reason you could end up with having to pay for everyone's lawyers for wasting the time to get there.
 
Godmachine said:
No I haven't because I read constant articles on how regular people are sued into oblivion. People who are law abiding and have not done any wrong doing.

Ever heard of a piracy honey pot or piracy suing trolls? Imagine being tagged for a crime you A) Did not commit B) Wasn't even your IP that is being referenced in court C) End up having to dump your life savings into court to afford the lawyers required to fight your case with judgements sometimes not being handed out for years on end. Then you have to counter sue to attempt to get the money you spend on lawyers in return .. by paying your lawyers even more and hoping to gain some fraction of what you spent in court. Its gotten so bad that Judges are finally approaching such cases with grand amount of skeptical query. So when I think of someone suing Microsoft for banning their console until the 21st of November after which full access will be restored all I can think is what a giant waste of time and money that would likely end up being.

And I wasn't talking about suing for millions of dollars I'm talking the money it takes to get everyone in the same room in the same city in the same state. Its simply not worth the time involved .. almost ever. And if you don't get a judge that sees reason you could end up with having to pay for everyone's lawyers for wasting the time to get there.
Click to expand...

yea.. you really don't understand small claims court.
 
demingo said:
yea.. you really don't understand small claims court.
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:rolleyes:

I'm talking about court in general. For a Xbox One Live ban that lasts until the 21st? Seriously? You are willing to call your lawyer , setup a date and head to court for a ban that will last 11 more days?

I think what I don't understand is why this sue happy society thinks that's perfectly acceptable. He hasn't had any property removed or destroyed nor does he owe anything or owed anything. What exactly does he deserve? You do realize if he had nothing but negative things to say about his console experience it could have cost Microsoft millions of dollars? Especially considering that Microsoft was counting on the time between now and the 22nd for them to possibly further improve the experience. He posted an unboxing video on his monetized Youtube channel , screenshots all over his Twitter account (which advertises for his Youtube channel) and on Neogaf. He's going to have the first unboxing video up on the 21st as well which will net him some pretty nice income from advertisers thanks to the thousands if not tens of thousands of hits his video will get. And they offered to fly him out to the launch party on their dime?

Yea , the problem is my understanding. Right.
 
Last edited:
Godmachine said:
:rolleyes:

I'm talking about court in general. For a console ban that lasts until the 21st? Seriously? You are willing to call your lawyer , setup a date and head to court for a ban that will last 11 more days?

I think what I don't understand is why this sue happy society thinks that's perfectly acceptable. He hasn't had any property removed or destroyed nor does he owe anything or owed anything.

Yea , the problem is my understanding. Right.
Click to expand...

psst. in most jurisdictions small claims courts don't permit lawyers. keep trying :D
 
demingo said:
psst. in most jurisdictions small claims courts don't permit lawyers. keep trying :D
Click to expand...

Again massive waste of time plus Microsoft is doing him some pretty nice favors in return by removing their copyright strikes on his account giving him the first unboxing video of the Xbox One at the consumer level.

I could understand if he was perma banned and threatened with legal action but he clearly isn't anywhere near that. What exactly is he entitled to? Please , you see so well versed with small claims court , inform me.
 
Godmachine said:
Again massive waste of time plus Microsoft is doing him some pretty nice favors in return by removing their copyright strikes on his account giving him the first unboxing video of the Xbox One at the consumer level.

I could understand if he was perma banned and threatened with legal action but he clearly isn't anywhere near that. What exactly is he entitled to? Please , you see so well versed with small claims court , inform me.
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I'd call 45 minutes or so for a grand or two a pretty good use of time.

Also, "favors" of removing a false copyright claim (he made and owned the video) and letting him post a video he records? man. do you work for them?
 
demingo said:
I'd call 45 minutes or so for a grand or two a pretty good use of time.

Also, "favors" of removing a false copyright claim (he made and owned the video) and letting him post a video he records? man. do you work for them?
Click to expand...

He has the FIRST consumer unboxing video. Do you realize that even shitty unboxing videos can net hundreds of thousands if not millions of views for such a big consumer level item? The money you can make off such a video alone as a small time Youtuber for yourself is pretty damn nice. Not to mention the subs he'll get , the likes and favorite video adds. That all equals money for him. If his channel wasn't monetized you would have an argument to make but since it is then not so much.

Yea , sue happy society indeed. I guess I just don't understand why after Microsoft recanted , called him , offered to fly him out to the launch party and remove all their strikes/ban from his account why they deserved to be sued. In fact this whole incident will probably net him a really nice amount of money thanks to all the social media adds he'll get. But I guess for some people that's not enough , you wanna be the "David" and get your hits against "Goliath" :rolleyes:
 
Godmachine said:
He has the FIRST consumer unboxing video. Do you realize that even shitty unboxing videos can net hundreds of thousands if not millions of views for such a big consumer level item? The money you can make off such a video alone as a small time Youtuber for yourself is pretty damn nice. Not to mention the subs he'll get , the likes and favorite video adds. That all equals money for him. If his channel wasn't monetized you would have an argument to make but since it is then not so much.

Yea , sue happy society indeed.
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He has the right to the unboxing video either way as copyright law doesn't protect MS in this case as they had sold him property. Therefore the box and contents are his, and he is free to record it and post it. You could actually probably add lost youtube revenue to your damages claim.

Why are you so eager for people to roll over and bark for MS?
 
demingo said:
He has the right to the unboxing video either way as copyright law doesn't protect MS in this case as they had sold him property. Therefore the box and contents are his, and he is free to record it and post it. You could actually probably add lost youtube revenue to your damages claim.

Why are you so eager for people to roll over and bark for MS?
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No he doesn't according to Youtube and regardless if you believe so or not , its their product (Microsoft's) and he's making money off demoing it. Therefore Microsoft has a right to strike his video because they have ownership claim over its usage. You can blame Youtube for basically handing off the copyright issues directly to copyright holders and fucking over anyone who attempts to make a monetized channel on Youtube.

Since I obviously need to read up on small claims court how about you go read up on Totalbiscuits run in with the Youtube strike policy recently?

Why are people so eager to sue anything with a pulse? And sometimes not..
 
Godmachine said:
No he doesn't according to Youtube and regardless if you believe so or not , its their product (Microsoft's) and he's making money off demoing it. Therefore Microsoft has a right to strike his video because they have ownership claim over its usage. You can blame Youtube for basically handing off the copyright issues directly to copyright holders and fucking over anyone who attempts to make a monetized channel on Youtube.

Since I obviously need to read up on small claims court how about you go read up on Totalbiscuits run in with Youtube strike policy recently.

Why are people so eager to sue anything with a pulse? And sometimes not..
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Youtube policy and law have nothing to do with each other.

You're convincing a judge, not youtube's staff.
 
demingo said:
Youtube policy and law have nothing to do with each other.

You're convincing a judge, not youtube's staff.
Click to expand...

And you obviously know nothing about Youtube's copyright strike system.

http://newmediarockstars.com/2013/0...utube-must-fix-their-broken-copyright-policy/

Not the first time for Totalbiscuit.

https://twitter.com/Totalbiscuit/status/313792806458105856

http://www.youtube.com/watch?v=QfgoDDh4kE0&feature=share&list=UUy1Ms_5qBTawC-k7PVjHXKQ

Again , no matter what legality you feel he has in court it won't fly.

On Youtube , if you make a living off the videos you post you are subject to this system if you like it or not. Until someone with a lot of money and time takes on Youtube or starts a class action suit nothing will be done about it.
 
Godmachine said:
And you obviously know nothing about Youtube's copyright strike system.

http://newmediarockstars.com/2013/0...utube-must-fix-their-broken-copyright-policy/

Not the first time for Totalbiscuit.

https://twitter.com/Totalbiscuit/status/313792806458105856

http://www.youtube.com/watch?v=QfgoDDh4kE0&feature=share&list=UUy1Ms_5qBTawC-k7PVjHXKQ

Again , no matter what legality you feel he has in court it won't fly.

On Youtube , if you make a living off the videos you post you are subject to this system if you like it or not. Until someone with a lot of money and time takes on Youtube or starts a class action suit nothing will be done about it.
Click to expand...

This is all related to youtube policy. Not one of this links is to a judge's ruling.
 
demingo said:
This is all related to youtube policy. Not one of this links is to a judge's ruling.
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We were talking about his unboxing video correct? Then it relates to Youtube.

I think we just have absolutely opposing view points when it comes to dragging something through the court that I feel differently about then you do.

But regardless , this guy will have his console unbanned and he'll make some nice money (probably enough to cover the cost a few times over) when his videos are available again.
 
zamardii said:
I even commented saying that. Shittiest unboxing video ever. He could have potentially been the first end-user to unbox a Xbox One and gotten thousands and thousands of views but he had to fuck it up by holding the camera in one hand and unboxing with the other so you can't see shit.
Click to expand...

Because thousands and thousands of views is important.
 
bigdogchris said:
The console isn't released yet and neither are the games. Even recently with GTA V copies that leaked early, you received a console ban. It's not a new thing for companies to do, why are you acting surprised?
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I'm not surprised. That still doesn't make it right.
 
XB1 is a brick until you download the day one update. What's the big deal outside of the unboxing?
 
Kinsaras said:
XB1 is a brick until you download the day one update. What's the big deal outside of the unboxing?
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He was able to update and start using the console. They have probably since pulled the update so future slips can't get online.
 
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