yeah, he tweeted that the video had been taken down, hopefully that's as far as MS go cause it would be an insanely stupid thing to punish this guy just because a retailer fucked up.
especially when everything he's tweeted seems to be fairly positive.
Probably. But then again... policy and precedent.
Just because the retailer sent it, doesn't mean that he should have plugged it in and used it knowing the street date, heh.
yeah i get that, but as i said earlier if MS have the day one patch live then they can't really blame the guy for hooking everything up and actually using the bloody thing! do they honestly expect him to just leave it in its box, sitting in a corner, untouched for 2 weeks? that's insane!
if they don't want him posting videos and pictures of games/features for whatever reason, fine. they have that embargo on reviews and such for a reason, but banning him for giving them free positive publicity* is just crazy. i really hope they don't go that far.
*and they can use all the positive publicity they can get.
Shrug, this is what companies do. Pokemon got leaked and Nintendo flew people out to the store that sold it and all kinds of shit happened. Breaking street dates on major products invokes the wrath of god on all parties.
well from the sound of this guy only ordered his on monday. he mentions tweeting a link, i'm guessing target got extra units made available to them or had held some back. it possible that the error only applied to people who ordered then/via that link. who knows.
yeah, he tweeted that the video had been taken down, hopefully that's as far as MS go cause it would be an insanely stupid thing to punish this guy just because a retailer fucked up.
especially when everything he's tweeted seems to be fairly positive.
Probably. But then again... policy and precedent.
Just because the retailer sent it, doesn't mean that he should have plugged it in and used it knowing the street date, heh.
yeah i get that, but as i said earlier if MS have the day one patch live then they can't really blame the guy for hooking everything up and actually using the bloody thing! do they honestly expect him to just leave it in its box, sitting in a corner, untouched for 2 weeks? that's insane!
if they don't want him posting videos and pictures of games/features for whatever reason, fine. they have that embargo on reviews and such for a reason, but banning him for giving them free positive publicity* is just crazy. i really hope they don't go that far.
*and they can use all the positive publicity they can get.
idk dude, it doesn't seem like a stretch to me for a grown ass man to wait 2 weeks! :P
It will be interesting to see how it turns out though, especially since most people seem to be stuck at "but the retailer gave it to him early, so that makes it okay somehow."
“I used to draw, hard to admit that I used to draw...”
i don't think its a matter of can he wait two weeks, but rather why should he? the thing is there, its functional, he obtained it legally with no impropriety on his part*.
as i said, i can understand MS not wanting videos posted if they have a major PR offensive about to kick off**, but beyond that they'd just be shooting themselves in the foot if they took any further action against the guy.
*as far as we know. we're going entirely by his claims and while he's mentioned emailing a copy of his proof of purchase he hasn't posted that for the rest of us to see.
** lets face it there's a reason why they're holding back all reviews of the Xbone and its games till this week. flooding news sites with articles about your product a couple of days before a rival launches theirs? i makes sense(kinda).
P.S. his twitter account has been suspended for now. i really think MS are fumbling this one.
yeah, he tweeted that the video had been taken down, hopefully that's as far as MS go cause it would be an insanely stupid thing to punish this guy just because a retailer fucked up.
especially when everything he's tweeted seems to be fairly positive.
Probably. But then again... policy and precedent.
Just because the retailer sent it, doesn't mean that he should have plugged it in and used it knowing the street date, heh.
yeah i get that, but as i said earlier if MS have the day one patch live then they can't really blame the guy for hooking everything up and actually using the bloody thing! do they honestly expect him to just leave it in its box, sitting in a corner, untouched for 2 weeks? that's insane!
if they don't want him posting videos and pictures of games/features for whatever reason, fine. they have that embargo on reviews and such for a reason, but banning him for giving them free positive publicity* is just crazy. i really hope they don't go that far.
*and they can use all the positive publicity they can get.
idk dude, it doesn't seem like a stretch to me for a grown ass man to wait 2 weeks! :P
It will be interesting to see how it turns out though, especially since most people seem to be stuck at "but the retailer gave it to him early, so that makes it okay somehow."
How is it -not- okay if he spent his own money to buy the thing? It's on the retailer to know when they can and cannot sell things. That's kind of what they're there for.
yeah, he tweeted that the video had been taken down, hopefully that's as far as MS go cause it would be an insanely stupid thing to punish this guy just because a retailer fucked up.
especially when everything he's tweeted seems to be fairly positive.
Probably. But then again... policy and precedent.
Just because the retailer sent it, doesn't mean that he should have plugged it in and used it knowing the street date, heh.
yeah i get that, but as i said earlier if MS have the day one patch live then they can't really blame the guy for hooking everything up and actually using the bloody thing! do they honestly expect him to just leave it in its box, sitting in a corner, untouched for 2 weeks? that's insane!
if they don't want him posting videos and pictures of games/features for whatever reason, fine. they have that embargo on reviews and such for a reason, but banning him for giving them free positive publicity* is just crazy. i really hope they don't go that far.
*and they can use all the positive publicity they can get.
idk dude, it doesn't seem like a stretch to me for a grown ass man to wait 2 weeks! :P
It will be interesting to see how it turns out though, especially since most people seem to be stuck at "but the retailer gave it to him early, so that makes it okay somehow."
Yes, a guy who bought a product legally is not showing himself to be a grown ass man for not sitting there for two weeks with something he bought legally before he can use it because of an arbitrary sell-by date imposed on stores, not on users. That TOTALLY makes sense. Oh wait, no it doesn't.
The patch was up, the store has stuff up to purchase and download, and play, and there are a good couple hundred other people using it too. He TOTALLY should have known better, because Microsoft sure are making it really difficult to use. This is the dumbest, blame the consumer bullshit post I've seen in ages.
+15
BRIAN BLESSEDMaybe you aren't SPEAKING LOUDLY ENOUGHHHRegistered Userregular
Reminds me of that guy on the GAF a couple pages back who took Major Nelson's QR code for XBL gold trial.
It's not the dude's responsibility that that QR code was being shown around, the onus is on Xbox to not flash their QR codes in public like that! etc. Or, for a more appropriate analogy, I paid for these cookies in advance and the cookie jar was just open, so I might as well take what I paid for before I was actually asked to take it!
I don't have any strong feelings about it either way, because everything that was going to happen didhappen from all parties involved. What the heck do people think was going to happen about the street date being broken (and then openly shown on Youtube and Twitter), Microsoft was going to publicise it and absolve the guy of any responsibility? Might look consumer friendly, sure, but how might that reflect upon Microsoft's relationship with its product distributors?
Personally, I sure as shit wouldn't post stuff on the internet about it if I were in his position. Maybe spread positivity by word of mouth, share the experience within my social circle.
Um, there have been big street dates broken with Microsoft before, and they've done just that actually. They've been games, yeah, but Microsoft, prior to this, has always publicly stated that as long as the customer in question obtained the product legally, they wouldn't do anything to the person in question.
The reaction to the Youtube video makes even less sense. He opened the box, and showed off the hardware, nothing new or any different than Microsoft themselves did weeks ago. No game footage, no dash footage, nothing. Just an opened box for a product he legally owns.
+4
BRIAN BLESSEDMaybe you aren't SPEAKING LOUDLY ENOUGHHHRegistered Userregular
Then maybe there's a precedent in their policy, I guess. There's obviously some sort of reason for it, since they've been trying to keep a lid on Xbox One stuff for forever.
0
The_SpaniardIt's never lupinesIrvine, CaliforniaRegistered Userregular
edited November 2013
In other news Microsoft has stated that they will not stand for these thieves that have some how figured out how to pirate physical disks using a new piracy medium called money from stores that accidentally shipped out copies of their pre-ordered games early.
Curious to see if we have any official word from MS on it. Blocking the guy and everything seems like a knee jerk legal team reaction. Hopefully they try to turn it in to something positive by tomorrow.
I made it through :05 of that video before nopeing out of it.
yeah... I'm wondering if breaking street date by taking the console online would get him banned.
Microsoft already banned the guy's console. Microsoft has some history with banning people who get early retail copies. Unlike the Halo 4 case they haven't permabanned his gamertag, so it's possible the console will be unbanned by the 22nd. It's actually kind of funny since they do viral marketing with "retail" copies but if an actual customer obtains a retail copy they get banned.
I'll be honest I've had gold for so long I forget there is even a charge for the service.
It is hard to imagine owning an xbox one without a gold subscription. I know some people do, but yeah.
Yeah not to be an elitest, but it always confuses me when people don't have gold. Like how do you do that? I mean I primarily play the xbox 360 for its multiplayer community and community services to be honest.
I've had an Xbox Gold subscription for my Xbox 360 since I've owned it pretty much, purely because I've been too lazy to cancel it (cancel auto renewal ALWAYS gives an error so I'd need to call someone). Short of playing some Crackdown when it came out I've got pretty much zero value out of it.
All this talk of Xbox Live has actually made me not be lazy today and get on, ring them and cancel it.
It's only hard to imagine someone owning an Xbox One without Gold because they lock all the useful features behind that paywall
If it were just online multi, which I never use, I would absolutely have an Xbox One without Gold one day
EDIT: Though now that I think about it, Netflix is the only thing I'd use that they lock behind that wall anyways, and I much prefer Netflix on the PS3 (and imagine it will be roughly equivalent on PS4) so, owning an Xbox One without paying for Gold actually seems like a very distinct possibility to me
Unless they match PS+ and start releasing Xbox One games free every month on the service
I made it through :05 of that video before nopeing out of it.
yeah... I'm wondering if breaking street date by taking the console online would get him banned.
Microsoft already banned the guy's console. Microsoft has some history with banning people who get early retail copies. Unlike the Halo 4 case they haven't permabanned his gamertag, so it's possible the console will be unbanned by the 22nd. It's actually kind of funny since they do viral marketing with "retail" copies but if an actual customer obtains a retail copy they get banned.
Yeah, we'll see what happens. Not surprised at how it turned out so far. I mean even if he couldn't wait, screaming from the rooftops wasn't the best course of action. It would be hilarious if the guy was a viral marketing plant that someone forgot to check their email or something about though.
“I used to draw, hard to admit that I used to draw...”
The guy was nothing but positive for hours about his experience, telling us how amazing it was. And for that he gets a 500 dollar brick for purchasing their product. Un-fucking-believable.
+8
Dhalphirdon't you open that trapdooryou're a fool if you dareRegistered Userregular
Yeah, this guy did not deserve a ban. It's not a consumer's duty to know when he is and isn't supposed to use a product. If it is sold to him by a retailer, the retailer should cop the blame.
The review embargoes that these companies use for the press do not apply to consumers.
Game journalism sites, such as IGN, Giantbomb, Eurogamer, whatever, sign legal agreements which state "MS (or Sony, EA, or Activision) will give you a free copy of the game to review if you promise not to release your review of the product before a predetermined time."
If a consumer gets their hands on a copy of the game and the hardware to play it on, and that consumer were to post his or her impressions and/or a review online, he is under no obligation to wait, because he never signed any document stating he would do so.
Consumers also don't have to abide by street dates.
Street dates are an agreement between the publishers/manufacturers and the retailers to not sell their received inventory until a certain date. Due to shipping times, logistics, and large quantities of product, street dates exists to give all retailers a fair chance at sales and to help ensure a specific release date.
And again, if a consumer gets his or her hands on a product that is pre-street date, he has no obligation to adhere to that street date because he never signed any sort of distribution agreement.
+7
zllehsHiding in a box, waiting to strike.Registered Userregular
You guys sure are up in arms about this... I dont blame you but I'm confident that MS will unbrick his console on the 22nd
Rather I'm holding out hope that MS will unbrick his console on the 22nd.... because that would be the obvious smart thing to do
On a larger scale though its surprising how often MS and gamers are on opposite sides of issues and how MS seems to either not care or be clueless
All I know is that, if I was this guy, I would be posting pictureds of the packing list and the shipping information and anything else to prove I got it legitly to keep people from thinking I may have gotten it through other means. Smash any doubt that is out there. With all the info he was posting about his X1 he had loads of time to do that and make sure his name was clean. I'm having a hard time believing that Target sent a single console erroneously, though it may happen. We may just have to wait longer to see what the full story is. Too bad none of the major game news outlets are asking MS about it... I'd really like to see their side of this.
One person in the Industry Thread mentioned that the ban could have been automated... I can definitely see that. However, taking down the YouTube video more than likely wasn't. His twitter seems to be up too. He had a lot of information up there that I scanned through. His twitter name really makes me think twice about this though. What are the odds that someone with #1 Source 4 Xbox One got this exactly how he said he did? I'm much too big of a sceptic to take this totally at face value.
You guys sure are up in arms about this... I dont blame you but I'm confident that MS will unbrick his console on the 22nd
Rather I'm holding out hope that MS will unbrick his console on the 22nd.... because that would be the obvious smart thing to do
On a larger scale though its surprising how often MS and gamers are on opposite sides of issues and how MS seems to either not care or be clueless
It's not so much up in arms (for me anyway) as it is just another facepalm. What surprises me more than anything is how much people will go out of their way to support stupid, anti-consumer decisions out of a corporation just because they like the console. It's okay to both like the product and admit that sometimes the people making it do really really stupid things.
+2
DragkoniasThat Guy Who Does StuffYou Know, There. Registered Userregular
Personally. I really don't care.
I mean if they permaban his account thing I'm be all like "fuck the man!" but meh.
I mean at this point with the console there isn't really much to do but show it off anyway
Assuming he did receive it through legitimate means, there is every right to be up in arms about it.
Microsoft basically just shit all over his consumer rights, cock blocked him off of Youtube and Twitter, and locked him out of the XBL service, even though their servers are obviously already live and open for business since he was able to get in and download their day 1 patch.
Again, assuming the guy legitimately was sent his One due to a Target distribution mistake, the guy has done nothing wrong. As a consumer, he bought and received a product and he should be able to use it.
Target are the ones who should be penalized in this scenario, because they are the ones who broke street date and violated a distribution agreement.
Yeah there's some misinformation being put about here. What we know has happened is that he got the console early, then posted some video about it and tweeted. Microsoft took down the video and stopped the tweeting (to protect their embargoes for certain information that as far as I know end on the 11th or 12th) and have stopped his console working for now (as far as we know just until the 22nd).
None of that sounds too unreasonable, the Youtube copyright strike isn't illegal as far as I know, he was posting things from their intellectual property that isn't publicly available yet. Using that mechanism is the quickest way to take something down and can be removed via appeal.
Microsoft hasn't done anything out of proportion yet so it's not helpful for people to be saying his console is 'bricked' as that implies that it's permanent. If he still doesn't have a console or his Twitter account unblocked on the 22nd, then that will be a problem, but until then I'd imagine Microsoft will contact him and explain their concerns, he hasn't done anything wrong and neither have they.
I mean if they permaban his account thing I'm be all like "fuck the man!" but meh.
I mean at this point with the console there isn't really much to do but show it off anyway
Eh, he owns Ghosts, there were a few hundred people online playing when he was on, and there were quite a few retail versions of games up on the marketplace to purchase too (he was posting game sizes from the marketplace page just to let people know in advance), and Killer Instinct is up as well. There seemed to be plenty to do.
Assuming he did receive it through legitimate means, there is every right to be up in arms about it.
Microsoft basically just shit all over his consumer rights, cock blocked him off of Youtube and Twitter, and locked him out of the XBL service, even though their servers are obviously already live and open for business since he was able to get in and download their day 1 patch.
Again, assuming the guy legitimately was sent his One due to a Target distribution mistake, the guy has done nothing wrong. As a consumer, he bought and received a product and he should be able to use it.
Target are the ones who should be penalized in this scenario, because they are the ones who broke street date and violated a distribution agreement.
Just to add to that statement, he posted the packaging, the receipt and the packing slip online from Target (blacking out all the personal information of course) to show it was all legit. He also sent that info to MS directly just to show he bought it and it didn't fall off the back of a truck, and wasn't borrowed from the storage area of wherever he worked.
Yeah there's some misinformation being put about here. What we know has happened is that he got the console early, then posted some video about it and tweeted. Microsoft took down the video and stopped the tweeting (to protect their embargoes for certain information that as far as I know end on the 11th or 12th) and have stopped his console working for now (as far as we know just until the 22nd).
None of that sounds too unreasonable, the Youtube copyright strike isn't illegal as far as I know, he was posting things from their intellectual property that isn't publicly available yet. Using that mechanism is the quickest way to take something down and can be removed via appeal.
Microsoft hasn't done anything out of proportion yet so it's not helpful for people to be saying his console is 'bricked' as that implies that it's permanent. If he still doesn't have a console or his Twitter account unblocked on the 22nd, then that will be a problem, but until then I'd imagine Microsoft will contact him and explain their concerns, he hasn't done anything wrong and neither have they.
Um, the ONLY thing he posted on Youtube was an unboxing. He said "Yay Target" opened the box, showed off the hardware and that was it. He didn't show off ANYTHING else of the system, the games, the dashboard, or the marketplace on Youtube. One video, he took a strike on it, and never posted anything else. So no, he didn't post anything that wasn't available yet whatsoever.
+1
DragkoniasThat Guy Who Does StuffYou Know, There. Registered Userregular
edited November 2013
As far as the youtube/twitter stuff goes eh. A bunch of companies get stuff like that taken down before release of their product. This stuff has been going on for years so I don't see why its a big deal now.
As for the bricking, was it his entire console or just the online? I mean if its the latter I could see why MS wouldn't be obliged to offer that service until the intended date for that service to be up.
All I know is that, if I was this guy, I would be posting pictureds of the packing list and the shipping information and anything else to prove I got it legitly to keep people from thinking I may have gotten it through other means. Smash any doubt that is out there. With all the info he was posting about his X1 he had loads of time to do that and make sure his name was clean. I'm having a hard time believing that Target sent a single console erroneously, though it may happen. We may just have to wait longer to see what the full story is. Too bad none of the major game news outlets are asking MS about it... I'd really like to see their side of this.
One person in the Industry Thread mentioned that the ban could have been automated... I can definitely see that. However, taking down the YouTube video more than likely wasn't. His twitter seems to be up too. He had a lot of information up there that I scanned through. His twitter name really makes me think twice about this though. What are the odds that someone with #1 Source 4 Xbox One got this exactly how he said he did? I'm much too big of a sceptic to take this totally at face value.
he changed his twitter name after he started tweeting about the Xbone. his name previously matched his handle which is @Morningswami or something to that effect.
Posts
yeah i get that, but as i said earlier if MS have the day one patch live then they can't really blame the guy for hooking everything up and actually using the bloody thing! do they honestly expect him to just leave it in its box, sitting in a corner, untouched for 2 weeks? that's insane!
if they don't want him posting videos and pictures of games/features for whatever reason, fine. they have that embargo on reviews and such for a reason, but banning him for giving them free positive publicity* is just crazy. i really hope they don't go that far.
*and they can use all the positive publicity they can get.
PS - Local_H_Jay
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idk dude, it doesn't seem like a stretch to me for a grown ass man to wait 2 weeks! :P
It will be interesting to see how it turns out though, especially since most people seem to be stuck at "but the retailer gave it to him early, so that makes it okay somehow."
as i said, i can understand MS not wanting videos posted if they have a major PR offensive about to kick off**, but beyond that they'd just be shooting themselves in the foot if they took any further action against the guy.
*as far as we know. we're going entirely by his claims and while he's mentioned emailing a copy of his proof of purchase he hasn't posted that for the rest of us to see.
** lets face it there's a reason why they're holding back all reviews of the Xbone and its games till this week. flooding news sites with articles about your product a couple of days before a rival launches theirs? i makes sense(kinda).
P.S. his twitter account has been suspended for now. i really think MS are fumbling this one.
How is it -not- okay if he spent his own money to buy the thing? It's on the retailer to know when they can and cannot sell things. That's kind of what they're there for.
Yes, a guy who bought a product legally is not showing himself to be a grown ass man for not sitting there for two weeks with something he bought legally before he can use it because of an arbitrary sell-by date imposed on stores, not on users. That TOTALLY makes sense. Oh wait, no it doesn't.
The patch was up, the store has stuff up to purchase and download, and play, and there are a good couple hundred other people using it too. He TOTALLY should have known better, because Microsoft sure are making it really difficult to use.
It's not the dude's responsibility that that QR code was being shown around, the onus is on Xbox to not flash their QR codes in public like that! etc. Or, for a more appropriate analogy, I paid for these cookies in advance and the cookie jar was just open, so I might as well take what I paid for before I was actually asked to take it!
I don't have any strong feelings about it either way, because everything that was going to happen didhappen from all parties involved. What the heck do people think was going to happen about the street date being broken (and then openly shown on Youtube and Twitter), Microsoft was going to publicise it and absolve the guy of any responsibility? Might look consumer friendly, sure, but how might that reflect upon Microsoft's relationship with its product distributors?
Personally, I sure as shit wouldn't post stuff on the internet about it if I were in his position. Maybe spread positivity by word of mouth, share the experience within my social circle.
The reaction to the Youtube video makes even less sense. He opened the box, and showed off the hardware, nothing new or any different than Microsoft themselves did weeks ago. No game footage, no dash footage, nothing. Just an opened box for a product he legally owns.
Yeah broke the law by filing a fraudulent DMCA notice against his account, which got his Youtube channel a copyright strike.
His Twitter was suspended as well.
Microsoft already banned the guy's console. Microsoft has some history with banning people who get early retail copies. Unlike the Halo 4 case they haven't permabanned his gamertag, so it's possible the console will be unbanned by the 22nd. It's actually kind of funny since they do viral marketing with "retail" copies but if an actual customer obtains a retail copy they get banned.
he is scooping all of the timed exclusive deals and embargoes that microsoft has negotiated with the press
I've had an Xbox Gold subscription for my Xbox 360 since I've owned it pretty much, purely because I've been too lazy to cancel it (cancel auto renewal ALWAYS gives an error so I'd need to call someone). Short of playing some Crackdown when it came out I've got pretty much zero value out of it.
All this talk of Xbox Live has actually made me not be lazy today and get on, ring them and cancel it.
PSN: SirGrinchX
Oculus Rift: Sir_Grinch
If it were just online multi, which I never use, I would absolutely have an Xbox One without Gold one day
EDIT: Though now that I think about it, Netflix is the only thing I'd use that they lock behind that wall anyways, and I much prefer Netflix on the PS3 (and imagine it will be roughly equivalent on PS4) so, owning an Xbox One without paying for Gold actually seems like a very distinct possibility to me
Unless they match PS+ and start releasing Xbox One games free every month on the service
Weird it's refused to send any replies to messages from friends i tried replying to numerous times over the last few years to the point I just gave up
Yeah, we'll see what happens. Not surprised at how it turned out so far. I mean even if he couldn't wait, screaming from the rooftops wasn't the best course of action. It would be hilarious if the guy was a viral marketing plant that someone forgot to check their email or something about though.
I'm sure a lot of people would, and some people wouldn't. I obviously fall into the latter camp.
The great PR hits for MS keep coming.
The guy was nothing but positive for hours about his experience, telling us how amazing it was. And for that he gets a 500 dollar brick for purchasing their product. Un-fucking-believable.
What's up with Microsoft?
Currently playing: GW2 and TSW
Game journalism sites, such as IGN, Giantbomb, Eurogamer, whatever, sign legal agreements which state "MS (or Sony, EA, or Activision) will give you a free copy of the game to review if you promise not to release your review of the product before a predetermined time."
If a consumer gets their hands on a copy of the game and the hardware to play it on, and that consumer were to post his or her impressions and/or a review online, he is under no obligation to wait, because he never signed any document stating he would do so.
Street dates are an agreement between the publishers/manufacturers and the retailers to not sell their received inventory until a certain date. Due to shipping times, logistics, and large quantities of product, street dates exists to give all retailers a fair chance at sales and to help ensure a specific release date.
And again, if a consumer gets his or her hands on a product that is pre-street date, he has no obligation to adhere to that street date because he never signed any sort of distribution agreement.
Rather I'm holding out hope that MS will unbrick his console on the 22nd.... because that would be the obvious smart thing to do
On a larger scale though its surprising how often MS and gamers are on opposite sides of issues and how MS seems to either not care or be clueless
One person in the Industry Thread mentioned that the ban could have been automated... I can definitely see that. However, taking down the YouTube video more than likely wasn't. His twitter seems to be up too. He had a lot of information up there that I scanned through. His twitter name really makes me think twice about this though. What are the odds that someone with #1 Source 4 Xbox One got this exactly how he said he did? I'm much too big of a sceptic to take this totally at face value.
It's not so much up in arms (for me anyway) as it is just another facepalm. What surprises me more than anything is how much people will go out of their way to support stupid, anti-consumer decisions out of a corporation just because they like the console. It's okay to both like the product and admit that sometimes the people making it do really really stupid things.
I mean if they permaban his account thing I'm be all like "fuck the man!" but meh.
I mean at this point with the console there isn't really much to do but show it off anyway
Microsoft basically just shit all over his consumer rights, cock blocked him off of Youtube and Twitter, and locked him out of the XBL service, even though their servers are obviously already live and open for business since he was able to get in and download their day 1 patch.
Again, assuming the guy legitimately was sent his One due to a Target distribution mistake, the guy has done nothing wrong. As a consumer, he bought and received a product and he should be able to use it.
Target are the ones who should be penalized in this scenario, because they are the ones who broke street date and violated a distribution agreement.
None of that sounds too unreasonable, the Youtube copyright strike isn't illegal as far as I know, he was posting things from their intellectual property that isn't publicly available yet. Using that mechanism is the quickest way to take something down and can be removed via appeal.
Microsoft hasn't done anything out of proportion yet so it's not helpful for people to be saying his console is 'bricked' as that implies that it's permanent. If he still doesn't have a console or his Twitter account unblocked on the 22nd, then that will be a problem, but until then I'd imagine Microsoft will contact him and explain their concerns, he hasn't done anything wrong and neither have they.
Eh, he owns Ghosts, there were a few hundred people online playing when he was on, and there were quite a few retail versions of games up on the marketplace to purchase too (he was posting game sizes from the marketplace page just to let people know in advance), and Killer Instinct is up as well. There seemed to be plenty to do.
Just to add to that statement, he posted the packaging, the receipt and the packing slip online from Target (blacking out all the personal information of course) to show it was all legit. He also sent that info to MS directly just to show he bought it and it didn't fall off the back of a truck, and wasn't borrowed from the storage area of wherever he worked.
Um, the ONLY thing he posted on Youtube was an unboxing. He said "Yay Target" opened the box, showed off the hardware and that was it. He didn't show off ANYTHING else of the system, the games, the dashboard, or the marketplace on Youtube. One video, he took a strike on it, and never posted anything else. So no, he didn't post anything that wasn't available yet whatsoever.
As for the bricking, was it his entire console or just the online? I mean if its the latter I could see why MS wouldn't be obliged to offer that service until the intended date for that service to be up.
he changed his twitter name after he started tweeting about the Xbone. his name previously matched his handle which is @Morningswami or something to that effect.