If Microsoft was stupid enough to send him a modded X360, then there is no way to prove it wasn't him who modded it if they didnt catch it initially. While if he buys a new one flat out there is no risk of being blamed for modding, BUT they may not accept a new account with the same credit card...
If you are 100% innocent, I say send them the stupid Xbox. You will be out a console for a month if they were as busy as they were when I sent mine in, but better paying for postage than a much large amount for a new console. If the lawyer gets involved, tell him he can keep most of the money, as long as you get everything else you deserve. It is Microsoft, so he can have fun raking up some lawyer fees for them to pay for all this.
Microsoft deserves a kick in the balls for their failure of a console just because some idiot didn't realize they were using the wrong metal mixture for welding in the chips...
NA3D
Its funny you honestly believe that he would win a case against Microsoft for a supposive mix up in sending him a modded 360 which in itself is about the same odds in winning a case against microsoft for this, also he couldn't prove that microsoft sent him a modded system so he has no case either way. On top of that the lawyer would still cost you way more then a new 360 just to talk to him.
Did you not read the post above where he now says that he got banned for playing Fable 2 early when he already stated he was banned for a modded console? He would not get a console ban for playing a game early unless microsoft detected he was using a modded console to do so, at most he would get a 2 week ban for that kind of like the guy that got GoW2 early and played on live and got banned even though it was a legit copy of the game in which case he was only caught cause he posted vids of it on the xbox forums.
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