The xbox live Terms of use apply here because we sign into the forums using our xbox accounts.
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You’re right…this isn’t xbox live, but I think they can get away with that because you had to link your XBL Gamertag to use this forum. That subsequently technically makes this forum an extension of xbox live.
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Was it even the devs to say it though? If they say that then i believe and accept it but i just saw members posting it.
You mean who was posting the messages regarding the negative behaviour? Some of the community members are moderators on this site, so I wouldn’t be surprised to community members doing that.
No, posting to not talk about leaks because of the xbox live TOU.
The forums are run by Microsoft. They are private forums, covered under the Xbox Live TOS.
There were attempts to explain that politely, but some people wouldn’t get the hint, so they get some time away from the forums.
Ok then. I didnt know that it was you guys that said it. 
Could you please point out which section of the TOU was being violated?
- Code of Conduct.
a. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
i. Don’t do anything illegal.
ii. Don’t engage in any activity that exploits, harms, or threatens to harm children.
iii. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
iv. Don’t publicly display or use the Services to share inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity).
v. Don’t engage in activity that is false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
vi. Don’t circumvent any restrictions on access to or availability of the Services.
vii. Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, communicating hate speech, or advocating violence against others).
viii. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs).
ix. Don’t engage in activity that violates the privacy of others.
x. Don’t help others break these rules.
b. Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your Microsoft account or Skype account. We may also block delivery of a communication (like email or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, Microsoft reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.
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To add further clarity the specific ones you NEED to look at is this:
viii. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs).ix. Don’t engage in activity that violates the privacy of others.
UNAUTHORIZED SHARING… right there folks. 
Just like the Common Cold… just because you have it, doesn’t mean you need to share it. 
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You didn’t specify but I’m going to guess that this is the section that I have quoted. However that does not mention the discussion of said content only the sharing of the actual content?
Any discussion of leaked info is technically still “sharing” it. You talk about it, people are gonna want to see what it is and go look for it. The whole point of them blocking/removing posts and threads is to prevent further spread of supposed material. Allowing discussion of it, defeats that purpose.
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Thing is the TOU speaks specifically about copyrighted material and discussing the content is not technically sharing it as one cannot copyright a discussion or an opinion on said content. If it was the case of discussion then they would have to monitor every single xbox live message to make sure people were not talking about said content.
Why do you always have to make everything a battle?
You got your question answered directly because VIII is clearly covering any leak discussion; it was also answered by one of the highest devs on the forums. Wait for the official information to be released and stop looking to cause trouble.
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Excuse me?
I’m not looking to cause any trouble, I was simply pointing out that VIII does not mention discussions only copyrighted material. Copyrighted material IE images, music, video etc Discussion of said content would not apply since you cannot copyright a discussion…well not in the US anyway lol
Its not the discussion that is copyright. You are sharing information that is unauthorized by the owner of said information. Discussion or not, it still counts as sharing and does come under their rule. Now move on.
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You asked for an answer, a dev gave you an answer, and your immediate response was “I don’t think this applies.”
No, you’re not looking to stir up the hive by poking it with a stick.
You’ve been doing this kind of stuff since the S2 forums, the reputation didn’t disappear, and even Keits pointed that out recently.
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If that was the case then they would have to censor all messages that are sent via xbox live also since it too comes under the same TOU?
When I see a reply like this it tells me one thing, that I’m living rent free in your head. Evicting me from your head would be a good idea
Honestly I’m not looking to start a war but when I have users messaging me on twitter telling me they have been banned for a month because they spoke about something that kinda worries me. I’m NOT going to share any copyright content from MS, I’d never do that since it’s breaking the law as well as the TOU.
However for the last time, discussion cannot be copyrighted
Messages sent via Xbox Live are of a personal nature and technically not open for the general public. The only time MS would hand down the ban hammer is IF those messages broke the COBC policy, such as messages containing threats (as an example).
While a discussion, in itself can not be copyrighted, it can be moderated IF said discussion contains copyrighted material that has not been made available for the general public by its source.
It is impossible to have a discussion about “leaked” material without actually revealing what said material is in some shape or form. This is why these threads are blocked, changed, and or removed.
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Well thank you for the replies I’m not going to continue it as I feel people think I’m just causing trouble lol Certainly an interesting topic to talk about though in relation to copyright law and infringement etc
Really feel for the users who were banned however I guess it’s just something one will have to deal with.
Again enjoyed debating this with you personally 