Microsoft: Banned Players Lose Access to Purchased Xbox One Games [UPDATED]

Published 1 year ago by , Updated June 16th, 2013 at 4:27 pm,

Xbox One Player Bans

It’s still relatively early in the promotional push for Microsoft’s next-gen console, the Xbox One, yet things have already taken a turn for the worse. It didn’t start out that way — the console reveal was a decent presentation — but the dialogue after that continues to baffle gamers at nearly ever turn.

While gamers have already heard about Microsoft’s policy on used games and region-locked consoles, there is still much more to be revealed in the coming months. That hasn’t stopped Microsoft from answering a few gamer questions, though, and in turn further digging themselves into a massive hole. The most recent development involving the Xbox One is another in the long line of issues resulting from a 24-hour check-in requirement, and it could become a pretty big deal.

According to the Microsoft Xbox One support Twitter account, which has bee furiously answering questions since Microsoft’s E3 2013 Press Briefing, gamers that find themselves locked out of their account (for any reason) will lose/forfeit access to their game licenses. In other words, if Microsoft bans a gamer from Xbox Live, they are also banning them from playing games period.

This announcement is something we probably should have seen coming, but it’s nonetheless troubling. We knew that continuous gameplay required a daily check-in, and that all games required a full install, but we failed to put two-and-two together regarding bans. Or, at least, the connection didn’t become evident until this message appeared.

Game bans aren’t necessarily a regular occurrence, but usually they are involved with piracy or some form of video game-related tomfoolery. A gamer hops online with a pirated copy of a game, Microsoft’s servers recognize the game as illegitimate, and the player loses access to Xbox Live. It’s a pretty standard approach to this issue.

However, with the added online requirements, bans become an even bigger issue, one that may find Microsoft wading through some murky legal water. If Microsoft, for example, issues a ban mistakenly — thereby locking an innocent player out of their game — then they are ostensibly “bricking” a player’s console. Not only that, but they are denying them access to the consumer good that they purchased.

Xbox One Internet Connection Requirement

The hope is that Microsoft will be more diligent about investigating players, but there’s no guarantee they will. In fact, there are plenty of Xbox 360 gamers out there who have been erroneously banned.

With Microsoft’s mandatory installs and various licensing policies it’s hard to imagine how a gamer would pirate a game, but where there’s a will there’s a way. But does Microsoft have the purview to “brick” that pirate’s console? Is locking someone out of a console legal? According to Microsoft’s Xbox One terms of use it is, but we’ll see how far that gets them when false bans start getting handed out.

Update: Major Nelson tells Reddit Games that, contrary to Xbox Support’s message, players will not lose access to purchased games when banned.

“Absolutely not, you will always have access to the games you purchased.”

Do you think Microsoft can legally ban players from accessing their purchased games?

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Source: Microsoft

TAGS: Microsoft, Xbox Live, Xbox One

96 Comments

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  1. Since a lot of consoles are buggy on release, I’ll wait till the 1st or 2nd price drop; if I decide to stay with Xbox. If XB1 is going to have that crappy Windows 8 look, definitely forget about it.

  2. How the hell is this helping microsoft!? They are looking more and more fascistic by the day. Meanwhile, Sony is kicking butt and allowing people to share games with each other, and allowing people to use the playstation network for free! AND the Ps4 is more powerful and CHEAPER at that!

    • Actually, PS4 is now subscription based. If you want to play online with others, you must pay for a PS+ subscription. If you want to use Netflix/youtube etc, that’s free.

      • Unless Microsoft does away with Live (Or whatever they plan on calling it for the One), the PS4 is still be cheaper.

      • That’s for multiplayer not for just using the play station network. The Xbox version you need to pay for regardless if it’s multi-player or not. Ps4 Still has a free bracket– Microsoft always made you pay for ANY kind of online service. That’s what I meant.

        • They don’t make you pay for any online service. They have Xbox Live Silver which allows you to get on Live and do everything except play multiplayer and enter a voice chat.

          • You can’t use Netflix and some other services with Silver.

      • ACTUALLY Fool, ALL single player online games are free, JUST MULTIPLAYER games will cost a whole $50 a yaer, Microsoft charges $60 TO DAY ANYTHING….

        • Mostly right. Xbox Gold’s year long subscription and PS+’s year long subscription is about the same price, at least comparing from the sony and xbox pages and comparing from Amazon. That’s the only thing that I had to respond to.

      • Actually Joe, yes. PS4 is subscription-based for online play. But what else do you get with PS+? Discounts on some things in the PlayStation Store as well as freebies. It actually saves more than you spent for a year subscription by the end of the first week since there’s usually 12 home console games and 6 portable games free a month and discounts from 10-75% off. And Sony has already said PS+ subscribers are pretty much getting one of the launch titles free over the PlayStation store if they get the PS4 in the first year.

    • “Sony is kicking butt and allowing people to share games with each other”

      The thing they were extremely shady about at E3, till Geoff Keighly confronted Tretton about it, is the fact that the sharing of games freely only 100% applies to *Sony First party games*.

      Third party publishers (which make up the vast majority of games for any system) are free to put the halt on that and set up DRM just as it has been said for XB1.
      in Tretton’s own words: “We don’t control what other publisher’s do.”

      Not many people seem to know this from posts I’ve seen online, though.

  3. SUCK TO BE A XBOXER!

  4. PSN is free for one cause it has no security and therefore gets hacked on a regular basis, realistically the xbox has damn near the same gaming power but also has a hell of alot more fetures to go with it for a bit more, and for a “Xboxer” its totally worth every penny, besides PS’s are for more of a “kid” gamer xbox is for the true gamer regardless of what ps4 has in words of gaming power…

    • “has no security” um actually it does. It took years to hack the PSN yet Live gets hacked daily (though never to take the site down). Sony even restructured the PSN security to prevent it from happening again.

      and PS being for Kid gamers not real gamers? dude, now you’re just being ignorant. It’s going to be hard to ever take you seriously.

    • That’s a silly comment and you say it with such certainty. For years Xbox was hacked before ps3. There were bootlegs of Xbox and Wii but nothing at all for ps3. Any gamer will tell you that much. Maybe that’s why Sony was targeted like they were. It became a game- “who’s going to be the first person to break it”.

      As far as Sony being for kids?? You’re joking… God of War- Krados is like their mascot. ‘Nuff said.

    • That’s a silly comment and you say it with such certainty. For years Xbox was hacked before ps3. There were bootlegs of Xbox and Wii but nothing at all for ps3. Any gamer will tell you that much. Maybe that’s why Sony was targeted like they were. It became a game- “who’s going to be the first person to break it”.
      As far as Sony being for kids?? You’re joking… God of War- Krados is like their mascot. ‘Nuff said.

    • >besides PS’s are for more of a “kid” gamer xbox is for the true gamer regardless of what ps4 has in words of gaming power…
      See, when you post crap like that, it only makes the Microsoft fans look like a bunch of idiots and apologists.

    • Dumbest thing i have ever read… So many of you xbox kids just make up s*** just to look better… PSN was hacked ONE time fool, Xbox gets hacked ALL THE TIME FOOL!

      • all the networks (live, pan, wii u, etc.) get hacked regularly it just so happens that the hackers decided to go and shut down the psn and that has happened a few times. security wise they are all about the same.

  5. Is microsoft trying to make sure they dont live to see the next generation?
    especially with the head of developments remarks about internet access. I’m buying xb1 but if they pull this s*** on me ill switch and never look back. used licenses, full internet requirements, must have kinect, no game sharing. this seems like their trying to f*** their consumers over for every penny

  6. The only way I could see licenses working out is if the license is tagged with the console’s serial# not just the gamertag. Its alot like crappy windows 8 where the motherboard is registered to microsoft.

    In other words WHY WOULD YOU GET A XBOne still?!

  7. @Cariannis

    The reason Sony requires you to have the disc is not because they are all about giving you freedom, it’s because they don’t want you to pass the game around or get the game yourself for free. As I said, that is a restriction on your property. They are not designing the system with this requirement because they are limited by technology. There is no need to have to be forced to us a disc to play the game for any other reason than to limit behavior. Mind you, this is not a bash on Sony, they should do this for obvious reasons. Going by the fanboys on this and other sites, you would think Sony has no restrictions at all.

    Because your library is digital on X1, MS had to have policies that would accomplish the same thing to keep the game from passing around multiple times.

    I see people bash MS because some people have bandwidth restrictions, and then ask why do we need a disk if it’s all digital? Did it ever occur to you that maybe they are allowing discs for this purpose? Or maybe they’re doing it so parents can buy games for their kids as gifts?

    I’m hoping to see cheaper games on the X1, it could be a possibility, then again it might not be. But I do know there will be a greater chance of this happening on the X1 than $ony’s machine

    As a father, I’m excited I don’t have to worry about my kids ruining my games or theirs for that matter.

    I’m jacked that I’ll be able to play games on my nephew’s library. I’m going to save a ton of money taking advantage of this feature.

    Many of the games demoed at E3 look amazing and I haven’t been this excited for launch titles since the N64 and Cube.

    I’m one of those people who haven’t purchased a blue-ray or recorder yet. This is why the $500 price doesn’t bother me because I’m getting a lot for my money.

    I could care less about selling my games because I can’t remember the last time I did that. I’m not one who buys a lot of games anyway. MS has said you can still buy and sell your games. People talk like this isn’t an option. I understand that it’s more limited in how you can than it was before, but that is do to the nature of the machine, as well as MS trying to make the devs happy. I actually think these policies might bring more exclusives to the X1.

    I’m sure $ony is going to have a great machine, I don’t fault people for going with it if it has what they want. But lets stop with the unneeded hysteria about policies that are not really that bad.

    Sony will end up doing the same thing once they move into the future. I hope all of you how are critical of MS are as equally critical of $ony when the time comes.

    • “The reason Sony requires you to have the disc is not because they are all about giving you freedom, it’s because they don’t want you to pass the game around or get the game yourself for free. As I said, that is a restriction on your property. They are not designing the system with this requirement because they are limited by technology. There is no need to have to be forced to us a disc to play the game for any other reason than to limit behavior.” This is how it is now. Fans want this and Sony is giving it to them. Why do you keep brining up what we want Sony to do and ignore M$ when they do something far worse? Requiring Kinect just to play games. Can only gift a game once. Putting a stop to rentals and used games by only being able to sell a game once. Eliminating selling it on eBay or craigslist since nether is an approved retailer. Making all Indies get a publisher. Forcing us to download the games to the hard drive. Forcing us to check in ever 24 hours to check the disc tray. Connect every hour to check downloaded games.

      “Because your library is digital on X1, MS had to have policies that would accomplish the same thing to keep the game from passing around multiple times.” The library on the X1 isn’t digital its disc based with an optional download service and a 24 hour internet check in DRM. M$ also forces users to download the game to their hard drives and doesn’t give them the option to delete that game from there hard drive. So how many X1 games can a 500 gig HD hold? 20? 25? 50? Seeing that X1 is using blu-ray discs this time publishers have no reason to compress their games to keep them small. And we still don’t know how much space the OS is going to take up (pictures can be found online of how much space the Windows 8 OS can take up).

      “I see people bash MS because some people have bandwidth restrictions, and then ask why do we need a disk if it’s all digital? Did it ever occur to you that maybe they are allowing discs for this purpose? Or maybe they’re doing it so parents can buy games for their kids as gifts?” Did it ever occur to you that maybe people aren’t jumping to gun here but really hate the restrictions that M$ is putting on the X1? This is the most anti-consumer console I’ve ever seen.

      “I’m hoping to see cheaper games on the X1, it could be a possibility, then again it might not be. But I do know there will be a greater chance of this happening on the X1 than $ony’s machine” How do you see this happening on X1 but not PS4? Who could ever believe that M$ would make things cheaper for there customers? They charge hundreds for there OS’ even years after release.

      “I’m jacked that I’ll be able to play games on my nephew’s library. I’m going to save a ton of money taking advantage of this feature.” From what we understand only one person can play that game at a time…just like a disc. Except you can’t buy it cheap used.

      “I could care less about selling my games because I can’t remember the last time I did that. I’m not one who buys a lot of games anyway. MS has said you can still buy and sell your games. People talk like this isn’t an option. I understand that it’s more limited in how you can than it was before, but that is do to the nature of the machine, as well as MS trying to make the devs happy. I actually think these policies might bring more exclusives to the X1.” You could care less about selling games…well good for you. I bought Dragon Age 2 for the Xbox 360, you know why? Because I can’t stand the dialogue wheel with a mouse and keyboard. Now I’m a big supporter of the used market and any company that messes with that market isn’t a company I want to do business with.

      “I’m sure $ony is going to have a great machine, I don’t fault people for going with it if it has what they want. But lets stop with the unneeded hysteria about policies that are not really that bad.” Not really that bad? So Sony’s policies are better but your getting a X1 anyway?

      “Sony will end up doing the same thing once they move into the future. I hope all of you how are critical of MS are as equally critical of $ony when the time comes.” You keep saying that your sure Sony well be doing the same thing once they move into the future but I’m not seeing any evidence of that in the PS4, which is in the future. You see the future that is better graphics, smarter AI and all-round more enjoyable multiplayer. It’s not watching TV from a gaming console. Everything the X1 can do, but the TV feature, the PS4 can do without the X1’s restriction. I’ll ask again what makes the X1 better than a PC?

      • um so what you sayin is that xbox has the right to screw us over cool ive been a xbox user since day 1 and yea ms is now dead 2 me

  8. Microsoft is selling Their product to us. They have every right to do with what they develop and as a consumer when we buy into products like these we enter a Terms of Use.

    Violate that Terms of Use and you deserve to be banned. Why is this so wrong?

    • You sound like a troll. Just saying. How much did Microsoft pay you to drop that comment? Are you Bill Gates??? ‘Gasp!’ Love how you slid in the $ in Sony. Like Microsoft isn’t all about money as well? lol j/k

      Yes it’s preference, but ps4 has blu-ray as well. They both have good games. But in such a tight race, Sony is winning every little battle possible to convince fans. While Microsoft is shooting themselves in the foot.

  9. Sony has won the hardcore gamer at E3.But MS has won the console war in the western world via casual gamers.

    MS will continue to expand its entertainment offerings and the casual gamer`s will drive this market.The future is solid and full of potential.

    The reality is $$$ and that lies with the casual gamer who has $$$ to spend.And the hard core gamers will complain until the end of time.

  10. I personally don’t agree with the xbox 1′s model, they are definitely not helping themselves out with all of this stuff.

    I would consider buying an XB1 if it wasn’t for the digital library, not because it sounds evil but because I go to college and with the internet restrictions between dormitories we have to go meet on one dorm to have a Halo party or whatever thus the use of different xbox’s and different tvs and different game discs depending on who’s available to play. I also enjoy being able to borrow a disc and give it a try before sinking 60$ into a new game that I may or may not like and with the library system I can’t do that. Once you buy it its yours and yours only, the game only works on one xbox ever at a time. This is particularly annoying to someone who is used to grabbing the disc and running over to a friends house to play their favorite game with them. I don;t want to have to pickup and haul my xbox around everywhere.

    Leading on to the internet connection, yes it makes sense and it doesn’t seem like it would be too bothersome as its just goes on to check your not doing anything illegal… but living in alaska we don’t have access to fast internet and many people do not have internet or atleast anything reliable enough to trust being able to play games whenever. I’ve had my internet go out for weeks at a time. Without internet i turn to games but if the xbox shuts off without internet then i’m kind of boned.

    All this said i was an xbox fan and I will still be a 360 fan, but if this continues they will not be seeing my money. I love the way gaming is right now and it makes it a very social thing and they are taking that away.

    • The Xbox1`s social features will be drastically enhanced with the new console.This can be seen if one actually reads and understands the policy.All MS published games can be sold and bought used just like on the 360.MS does not control 3rd party property rights.

      Technically speaking MS could develop Halo 5 and not sell a copy to anyone. That is their legal right and no one can do anything about it.I do not believe they will do this but they could if they wanted to.The chip inside the console will be able to tell if you own the game.This is why you have to have the disk in the 360.Once legal ownership is verified you can play the game.The licence comes with the game and no restrictions on playing off line.The rest is speculative non sense that strokes the mind of the chronic winers.

  11. http://www.reddit.com/r/xboxone/comments/1g8t5e/lets_clear_up_the_issues_used_games_kinect/

    Rather…. INteresting Facts About the Xbox One

    • I’ll use the same reply I had in the news post after this one since it seems people are trying to spread this reddit post as if it absolves Microsoft from the issues at hand.

      DRM is DRM. It doesn’t matter what the excuse is, people don’t want to hear it. That DRM is a “consequence” of being required to install the game is a load of bull. Being required to install the game was for DRM purposes to begin with. There was no reason to not allow the game to simply be run from the disc if someone chose to do it that way. Microsoft wanted it that way to make it easy for them to manage the product you bought. That excuse is kinda like holding someone at gunpoint and ordering them to do something that will make you shoot them and then telling the cops you had no choice.

      I’m also still being told who I can and cannot loan my games to and how many times. People won’t be able to rent these games initially and maybe never. There is still a required connection that will alienate large numbers of players for varying reasons. The Kinect is still required to be plugged into a device that is required to be online once every so often by a company that was discovered as one of the organizations involved in forking over sensitive, personal information of citizens to the US government. On top of it all, Microsoft was initially planning to charge fees for secondhand games. No matter how you try to slice supposed “misinformation” it’s still DRM and the reaction to it is clear. Besides, I’ll listen to official sources and well known media sites before I regard anything said by a random poster on Reddit.

  12. can somebody explain to me that if say I were to be banned from xbl and it NEEDS to be connected to xbl to even run games, then aren’t they essentially ruining all the games you bought regardless if you lost the licenses?

  13. “Do you think Microsoft can legally ban players from accessing their purchased games?”

    Well since there’s a telephone/internet company here that, when called regarding dropped services, replied to concerns with, “Well, if you actually read the contract you signed, it says that you are legally obligated to pay us a monthly rate, but we are, in no way, obligated to provide you with any services.” I’d say Microsoft’s got some sort of loophole in their user agreement that you can shell out $500 for the Xbox One, but they don’t have to do anything in regards to that but take your money.

    I’m curious; what happens if you don’t turn your console on by hour 24? What about people who go on week long vacations, or honeymoons, and can’t bring their Xbox One with them?
    Will we need Xbox One Sitters to login for us daily?

  14. Ownership means responsibility not freedom to do as one pleases.If I choose to not pay taxes on my house a lien can be put on it.If I drive my car irresponsibly the vehicle can be impounded and my liberty taken away.

    True freedom does not exist for it is an illusion of the mind.DRM is already on the 360 and that is why you have to spin the disk to play a downloaded game.Unless it was a direst download which comes with the license.Grow up and stop thinking foolishly.The console will be awesome and social freedom will be enhanced.

    Honestly the sky is not falling and most people are guessing about non issue stuff.Both consoles are worthy of great gameing.Game on.

    • @JJ422

      I’m with you on this one. Good analogy.

  15. It is quite apparent that most of the Xbox haters have jumped on board the Playstation Smear Campaign without truly knowing what they are preaching. The Xbox One designs of DRM regarding 3rd party games will be the same as PS4. Xbox One actually allows you to “share your game library with up to 10 friends” no matter where they are (stipulations as to region are undefined.) You are allowed to play a game in your library with one friend at the same time (meaning your copy is being shared with you and a friend.) Games are allowed to be traded to friends provided they are one your list for 30 days, or you could just keep it on your list and one of you 10 friend can play it from your cloud account. The 24 hour thing sucks, but they are working on possibly allowing the check-in to be available on smartphones, so that might be a decent solution as well. These sound like excellent options in a growling digital environment, more bold and player-friendly then the exalted Steam system.

    More details and sources: http://www.reddit.com/r/xboxone/comments/1g8t5e/lets_clear_up_the_issues_used_games_kinect/

    • growing*

  16. When micro$oft banned one of my accounts not only did i lose all dlc/digital games on that account i also lost all Games for windows live as well :) i don’t see them treating things any different on this console and wonder why anyone is even shocks that this is a norm

  17. two days ago i had my xbox 360 account perma banned for so called modding the tenure on my account, didnt matter that i tried to tell them that i didnt do anything and that my tenure has changed 3 times in the past few weeks, it went from 4 years then to 7 years and even after the ban it has now jumped to 3 years so somebody somewere is having a laugh with my account but they dont care about that, what also bothers me is the fact that every game i have bought from their xbox live service and downloaded to my console is now only showing as a trial when i start to try and play them, they have taken 28 games from me that i worked hard for and purchased with hard earned money, they have not bricked my console though (wow suppose i should be glad of that)just banned my account until 31/12/9999 no looking into the matter, no asking me what had happened just here have a ban oh and we will have all your purchased licenses back as well. bottom line it is downright theft

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