In response to a possible class action lawsuit resulting from a recent round of Xbox Live bans, Microsoft has now asserted the legality of its position. A spokesperson has told the Financial Post that piracy is a violation of the company's terms of use and that Microsoft is "well within its legal rights" to ban users from its Xbox Live. It was reported earlier this month that the law firm AlbingtonIP is "investigating" the possibility of a class action lawsuit against Microsoft over the bans. The firm argues that timing of the bans -- shortly after the release of Halo 3: ODST and just prior to the launch of Modern Warfare 2 -- was designed to get as much money from Xbox Live subscriptions as possible. In other words, the firm believes that Microsoft personally waited for a time when many people -- modders in this case -- would be purchasing Live subscriptions for popular games -- money that probably wouldn't be refunded after a ban. Joystiq's Law of the Game columnist, Mark Methenitis, classified the suit as a likely "cash grab," explaining that anyone savvy enough to mod an Xbox would know to stay well away from Xbox Live. We might add that major releases, like ODST and Modern Warfare 2, are the biggest targets for piracy, and likely correspond with rises in illegal downloads. And that just might have something to do with the timing of the bans in question.

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Console failure rates have been a common news item throughout the year, with numerous surveys out of the US suggesting that the problem was far greater than Sony, Nintendo and especially Microsoft would like to admit. In August, Game Informer magazine polled 5,000 subscribers and found that a whopping 54.2 percent had reported at least one broken Xbox 360. In September, electronics-warranty company SquareTrade corroborated the findings to a lesser scale, finding that of the 2,500 Xbox 360 consoles it analysed at random, 23.7 percent failed within two years of purchase. Now, a survey from CNET UK shows that the situation is similarly dire in the British Isles. The results from an online user-initiated poll of 1,128 UK-based console owners (of whom 562 owned Xbox 360s, 473 owned PlayStation 3s and 591 had Wiis, with some owning more than one) indicated that 60 percent of Xbox 360 owners had experienced terminal hardware failure of some sort, compared to 16 percent of PS3 owners and just 6 percent of Wii owners. More actual numbers at gamespot.com.

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You can tell the recession is dramatically affecting folks all over the United States when stories about kidnappers forcing their detainee to buy them gaming consoles arise. That's exactly what Kyle Yarkosky is alleging that David Daniels and another unnamed suspect did to him, after forcing him at gunpoint into their vehicle, having him steal his stepfather's credit card, and then drive to the local Walmart where they made him buy them a PlayStation 3. Naples News reports that the suspected assailants entered the Pebblebrooke Lakes gated community in a white truck, with Yarkosky following behind on foot, said to be headed to "meet a friend." Instead, the truck allegedly stopped, with Daniels and "an Asian-looking man" exiting and ordering Yarkosky into their vehicle. The two suspects are said to have forced Yarkosky to steal his stepfather's credit card and drive to a local Walmart, where Daniels intended on having a gun purchased. When the gun counter was closed, he then requested Yarkosky purchase a PlayStation 3. According to reports, Daniels then told Yarkosky he was "free to go," thus ending the ordeal.

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The Big M swung the banhammer fast and hard earlier this week, leaving as many as 1 million modded consoles without Xbox Live access, reports Information Week. It should be noted that this action comes on the heels of the release of Call of Duty: Modern Warfare 2, whose multiplayer functionality is expected to strain the online service substantially. The move may have been accelerated by the troubling number of pirated copies floating around the internet prior to its official launch on the 10th. In an official statement, Microsoft had this to say: “All consumers should know that piracy is illegal and that modifying their Xbox 360 console to play pirated discs violates the Xbox Live terms of use, will void their warranty, and result in a ban from Xbox Live.” At last count, Microsoft’s Xbox Live service boasts an impressive 20 million members, but it’s unclear how many are premium Gold level members as opposed to the free Silver service. Either way, cutting down 1 million players is a substantial chunk of the audience.

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GamingUnion.net has prepared a two part interview for later today, and tomorrow, with Silicon Knights president, Denis Dyack speaking on such issues as video game piracy, the injustice of used video game sales, and what digital distribution will do to the industry as we know it. Likely the most debatable issue discussed, used game sales, was a particularly interesting point of discussion.

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Seven years ago today, Microsoft launched Xbox Live for the original Xbox. Although the online service did not get off to a hot start, its popularity soared with the release of the popular Halo 2. Xbox Live only went up from there with the launch of the Xbox 360. At last count, there were more than 20 million active users on the online service with as many as 2 million logging in simultaneously. Xbox Live constantly evolved throughout the years with new upgrades and Microsoft isn’t planning to stop anytime soon. The latest Xbox Live update will be available on November 17th and will add Facebook, Twitter and Last.fm support.

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Star Trek Online officially beams into retail on February 2, 2010, keeping in line with what an unearthed Atari financial document expected last May. Players will boldly enter 2409 and continue "the story of the latest film installment," according to the press release. Huh, and here we thought it took place after the poorly-received Nemesis and not the "latest" Star Trek movie, which was actually the acclaimed reboot. We contacted Atari to find out which layer of the sci-fi series' multiverse we'll be playing in and a representative apologized for the confusion, saying , "Events in the movie that happened in the prime timeline -- the destruction of Romulus, and the disappearance of Spock and Nero -- have affected STO. You can learn more about the aftermath of these events in the Path to 2409 and in STO itself."

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With the launch of the 360, I made the transition from PC gamer to console gamer, and I haven't looked back. While there are definite advantages to PC gaming in terms of graphics and customizablity, to me, the ease and consistency of console gaming is much more important than the benefits PC gaming offers. I'm glad to be able to just play without having to think about the difference between system requirements and system recommendations, whether my graphics card is compatible, whether the install will screw up my system registry, etc. But, on the negative side of the ledger, I miss mods a lot. So Valve's plan/vision to bring user-created levels and mission to the 360 version of Left 4 Dead is tantalizing to me. It's the best of both zombie-filled-worlds. "Just put all the PC mods up on Live!" I've thought to myself (I have a rich inner life.) Apparently, it isn't that simple. According to Valve's Chet Faliszek, mods currently aren't "standard" enough to run consistently on the 360, or even lower-end PC. "One of the problems now when you look at a lot of the mods that are made is they can't run on low-end PCs, they can't even run on mid-end PCs often - they can only run on high-end PCs. They can't run on Xbox 360," Faliszek said. This doesn't mean it's not going to happen, of course. Bringing mods to the 360 is still in Valve's sights. Faliszek says the company is planning to work with the mod community, maybe at some point after Left 4 Dead 2 comes out on November 17th. "The coolest thing we could ever do would be to take something that was made by the community and share it with everybody - including Xbox 360 owners," Faliszek said. "How that happens and what work needs to be done is a little bit complicated."

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In an effort to gain traction in the growing social gaming and digital spaces, Electronic Arts announced today a $300 million dollar deal to acquire developer Playfish, a company that focuses on creating games for the Facebook, iPhone and Android platforms, among many others. "Social gaming, with its emphasis on friends and community, is seeing tremendous growth and this is the right time to invest to strengthen our participation in this space," said Barry Cottle, Senior Vice President and General Manager of EA Interactive. "EAi has been successfully leading the charge for EA, and with the addition of proven expertise from Playfish, their broad consumer base and strong game brands, we're moving ahead aggressively in our plans to lead in the category of cross-platform social entertainment." Playfish currently has over 150 million games installed and played worldwide, and has over 60 million monthly active players across ten of its biggest titles, including: Pet Society, Restaurant City, and Country Story available on Facebook. "The industry is undergoing dramatic transformation and joining EA is the ideal opportunity for us to push forward our goals to lead in the social entertainment evolution on a faster and much larger scale," said Kristian Segerstrale, CEO and Co-founder of Playfish. "EAi's vision and entrepreneurial culture are consistent with our own, and together, we are in position to be the company that defines new and innovative connected experiences that will change the way people play games."

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A video game company is donating $1 million on Tuesday to set up a foundation to help [American] veterans find employment, organizers announced. Activision Blizzard, which produces the popular Guitar Hero and Tony Hawk franchises, said its Call of Duty Endowment (CODE) will support other groups that assist veterans with their careers. Unemployment may have hit double digits in the nation last week, but for veterans, finding a job has always had its challenges. The unemployment rate among people who served in the military since 2001 was 11.6 percent in October, according to the Bureau of Labor Statistics.

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GameSpot reports that a man has sued Sony, Sony Online Entertainment and Sony Computer Entertainment of America, contending the company violates the Americans with Disabilities Act for not making its virtual worlds more easily navigable by the visually impaired. The nature of Alexander Stern's visual impairment isn't clear from the report, whether that is total blindness or partial blindness, or some other form of sight disability. But his suit, filed in federal court in California, claims that Sony has ignored repeated requests to modify its games - the suit seems to focus on SOE's MMOs - and that the realms Sony maintains here are essentially public accommodations as defined by the ADA. Stern repeatedly asked Sony for the addition of visual cues to point out destinations for gamers with "disability impaired visual processing." The suit mentions World of Warcraft and another game that, through the allowance of third-party modifications or other features, make their games more accessible to the visually impaired.

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A New York company named Virtusphere, Inc. has created a virtual reality experience they call the Virtusphere. The Virtusphere is a 10-foot hollow sphere - big enough to contain a person. Virtusphere, Inc. calls the large sphere a locomotion platform that allows users to be completely immersed into their interactive virtual experience. The person wears a wireless, head-mounted display. The person feels as if they are moving in the virtual reality world as they walk inside the sphere. The company believes its device would work great in theme parks. They are also marketing it to the U.S. Department of Defense.

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Nearly every one of Bayonetta's attacks involves her getting half-naked. That's a pretty good deal right there. Platinum Games didn't want to stop though. So they introduced outfits that Bayonetta can change into. We've seen the witch skirt, the schoolgirl gym uniform, now we see more. Today we have more skimpy wear for Bayonetta. That includes a two-piece swimsuit, a cheerleading outfit and even traditional Japanese woman's clothing. Looks like Kamiya has made it so anyone can live out their fantasy through Bayonetta. Screenshots are available at ScrawlFX.com.

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Are there Zombies in Iowa?! On Sunday, a patron of Panchero's Restaurant in Iowa City apparently thought as much when he saw another patron. He was so sure about it, that he felt the need to take matters into his own hands and physically assault the individual right in the middle of restaurant, while yelling "zombie." (Yes, this is a REAL story.) The impromptu vigilante, described as a "dark-complected white male with short brown hair, about 20 years old, between 6-feet and 6-feet-2 and weighing between 200 and 230 pounds" decided to stand up for the rights of the living, when the accused "zombie" had the audacity to walk into the restaurant, sit down, and order food! The vigilante then proceeded to his punch the victim in the eye. After the accused undead patron attempted to call the Police (or possibly the "Zombie Police?,") the vigilante proceeded to hit him again, this time breaking his nose. The vigilante (can we call him "The Zombie Whacker?" ) immediately slipped out of a back door and (as of now,) is still at large.

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Kotaku reader Greg says that while he slept his year-old Lab/Hound mix, Oscar, attacked his Xbox 360 controller managing to both turn on the console and purchase 5,000 Microsoft Points as he gnawed the hard plastic controller. "I realized it when I checked my phone to see what time it was (I had to be at work soon) and saw the e-mail from Microsoft confirming the purchase for $62.50," he told Kotaku via email. "At that point it was a little after 5 a.m.... not something you want to wake up to." Greg's not mad about it, he's already spent the points on a slew of download games, just bemused. "Chances are this is the first time an animal has managed to purchase Microsoft points on an Xbox 360," Greg writes. "What are the odds that he chews on the right buttons, in the right order and moves the stick in the right directions to navigate and purchase points. 1 in a billion? More? Now, I can't call Microsoft and say 'My dog chewed my controller'. That excuse never worked in school for homework, what makes me think that a multi-billion dollar corporation is going to believe it?"

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It's a free Killing Floor weekend on Steam, as Tripwire celebrates the release of the free Level Up content pack, adding new creatures, classes, weapons, maps, and perk levels to the co-op mutant survivor game. Killing Floor is incredibly fun, and now it's even more so. The free Level Up content pack punctuates Tripwire Interactive's dedication to providing lasting value to their fans, keeping the game fresh with a healthy injection of new content. There are three new maps, including one set during the aftermath of a Halloween rave in an abandoned lunatic asylum, which would probably be more enjoyable if you arrived while the rave was going on. They're introducing The Husk, a new specimen with a fireball launcher grafted to its arm, which sounds uncomfortable, along with a demolitions perk for those who like blowing up the crazed mutants. All perks now have an additional level, hence the Level Up moniker, and several new weapons are introduced, including a medic gun that shoots healing darts from afar. All of this new content is free to everyone who has purchased the game, as well as those who take part in the free Steam weekend, going on until Sunday, October 25. As an added bonus, those who opt to purchase the full game this weekend get it for 25% the normal price. $14.99 for Killing Floor is an absolute steal.

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Ian wants your permission to keep the Xbox 360 Best Buy gave him by accident. He doesn't spell out his request in his message, but you can tell he's struggling with a moral dilemma. The devil on his shoulder tells him that the extended warranty he bought when he purchased his destined-to-break Xbox 360 entitles him to whatever results from the process when he makes Best Buy live up to its end of the bargain. The angel says, "Be better than Best Buy." Click the title to see what Ian says happened.

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During the fall harvest, from time immemorial, the people of Atreia have celebrated the bounty of the land. Years ago, the joy of the annual revels was troubled by an eclipse - a peculiar and magical eclipse that brought darkness to Asmodae and Elysea. Ever since, for days during Harvest Revel, the sky goes dark and the peoples of Atreia join the hunt. Asmodians find soothing peace during the dark days of the Harvest Revel. They celebrate by racing after the Wild Kurthanir hunt leader during the Wild Hunt and cooking special traditional dishes. Elyos endure the dark days because during them the dead of Elysea are restless. Undead creatures rise from the grave every few hours, pulled back into a semblance of life by the power of the eclipse. Elyos must join roving Dark Night bands to hunt and destroy the undead before they invade Elyos villages. Log in each day during Harvest Revel.

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Numerous people are reporting freezing issues with Uncharted 2: Among Thieves. Early reports are indicating that PS3s of all makes and models are being affected by this issue. The timing of the freeze seems to be different in most cases, though. Several people are reporting the game freezes towards the ending of the game, while some are reporting freezing issues right at the start. Whether the system is the cause of the problem, the game, or a possible firmware glitch is the root of the problem hasn’t been deciphered, yet. Unfortunately for those who are being affected by the freezing issue, there isn’t a sure way to fix it at the given time. If you are experiencing this problem, you may want to exchange your current copy for a new copy at your local retailer. Hopefully, that will fix the problem for you. The problem doesn’t seem to be too massive, but it’s certainly affecting enough people to cause some minor concern. If you haven't experienced this problem, yet, though, you're probably in the clear. Some believe it has to do with the firmware of the system, so be sure to update your system to the latest firmware available. Let's hope for an answer or patch in the near future to fix this issue.

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