Last month we discussed news that Microsoft had banned hundreds of thousands of Xbox users for using modified consoles. The Electronic Frontier Foundation has now pointed to this round of bans as a prime example of the power given to providers of online services through 'Terms of Service' and other usage agreements. "No matter how much we rely on them to get on with our everyday lives, access to online services — like email, social networking sites, and (wait for it) online gaming — can never be guaranteed. ... he who writes the TOS makes the rules, and when it comes to enforcing them, the service provider often behaves as though it is also the judge, jury and executioner. ... While the mass ban provides a useful illustration of their danger, these terms can be found in nearly all TOS agreements for all kinds of services. There have been virtually no legal challenges to these kinds of arbitrary termination clauses, but we imagine this will be a growth area for lawyers."

An anonymous reader writes "Remember the Intercontinental Ballistic Missile launch by the North Koreans last night? You know, the one that went over Japan and supposedly put a 'communications satellite' into orbit. Well, according to the US Northern Command and NORAD it has been a complete and utter failure, with the second stage and payload 'falling in the Pacific.'"

An couple of anonymous readers wrote in to let us know about a followup to last Wednesday's story of the teacher who didn't believe in free software. The Linux advocate who posted the original piece has cooled off and graciously apologized for going off half-cocked (even though the teacher had done the same), and provided a little more background which, while not excusing the teacher's ignorance, does make her actions somewhat more understandable. Ken Starks has talked with the teacher, who has received a crash education in technology over the last few days — Starks is installing Linux on her computer tomorrow. He retracts his insinuations about Microsoft money and the NEA. All in all he demonstrates what a little honest communication can do, a lesson that all of us who advocate for free software can take to heart. "The student did get his Linux disks back after the class. The lad was being disruptive, but that wasn't mentioned. Neither was the obvious fact that when she saw a gaggle of giggling 8th grade boys gathered around a laptop, the last thing she expected to see on that screen was a spinning cube. She didn't know what was on those disks he was handing out. It could have been porn, viral .exe's...any number of things for all she knew. When she heard that an adult had given him some of the disks to hand out, her spidey-senses started tingling. Coupled with the fact that she truly was ignorant of honest-to-goodness free software, and you have some fairly impressive conclusion-jumping. In a couple of ways, I am guilty of it too."