Microsoft Shouldn’t Punish Early Xbox One Customers For Leaks *update* Major Nelson Saves the Day

In addition to the Xbox One on Ebay, another early-adopter got his today and has been dumping info on Twitter ever since.  Size of game downloads ranges 3GB for Killer Instinct on the low end, 49GB for Call of Duty: Ghosts, and average being 20-40GB, the system is super-silent, Kinect is nicely accurate if you speak clearly, getting to the dashboard from hitting power-on takes about 17 seconds, etc.  @Moonlightswami is more than willing to answer questions if you’re nice about it and has also posted a ton of screens.  He’s a very happy customer and nothing but positive about the experience.  Microsoft, on the other hand, doesn’t seem quite s0 thrilled.

See that video below?  No, no you do not.  It was an unboxing video posted to Youtube by a legitimate customer who got his system due to a shipping error on Target’s part.  Microsoft decided to put a copyright claim on it, because abuse of the copyright system is exactly how you treat a legitimate customer.  There’s no embargo on this information due to no contract being signed on receipt of goods.  A customer got a video game console, and while the store shouldn’t have shipped it out, it’s too late to change that now.  So MS comes down with the copyright hammer, on the theory that they can despite the video being an unboxing of a physical product and not an actual infringing on intellectual property.  Check out the definition at, but here’s the relevant bits-

What does copyright protect?
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

Although it’s worth remembering that words don’t mean the same thing to you and me that they do to lawyers.

Oh, and he and his new system got banned from Xbox Live, too.  Unless MS can give proof that this system was illegally obtained, they may want to consider reversing that decision.  It’s not the customer’s job to police a retailer’s distribution methods, or give the smallest care in the world as to when a company wants their product put on sale.  Holding a customer accountable for a simple shipping error is the utter opposite of customer service.


Microsoft had a much better day today once the adults started talking.  Major Nelson and MoonlightSwami had a half-hour phone call and sorted everything out.  His system will be reinstated to Xbox Live once the service is ready for customers to use the Xbox One version, and he got an invite to the official launch party.  MoonlightSwami also agreed to stop the information-flow.  No threats or legal jockeying, just two people having a conversation and reaching an agreement.  It’s nice when a story has a happy ending.