Microsoft rolled out an updated Terms of Service alongside the updated Xbox 360 dashboard this week, and yesterday I reported how Microsoft was falling in line with companies like Sony and Electronic Arts in asking consumers to give up their right to participate in class action lawsuits.
I also reported that Microsoft would follow in Sony and Electronic Arts’ footsteps and allow users to send a letter into Microsoft’s legal department and maintain those rights.
Sure, it’s an annoying task, but at least it’s an option.
Turns out that option doesn’t exist, according to a statement released to Kotaku. Users must agree to the new Terms of Service, and the ability to opt-out only relates future Terms of Service agreements.
That's a huge difference.
“Users must agree to the new clause to the Terms of Use in order to continue using Xbox LIVE,” said the company. “Changes to the Terms of Use are designed to ensure that our customers have an easy way to file a dispute without requiring formal legal action.”
Not interpreting the legal jargon correctly is my fault, and so I apologize for that. But this makes the change more egregious, as Microsoft is leveraging a desired consumer device that consumers have both emotionally and financially invested in to gain legal leverage as a corporation. It’s their right to demand this from consumers, and the right of consumers to say “no, I’ll just stop using your product,” but we all know that the desire to continue playing games will stop most from ever exercising that.
Bummer.
Dude what?
Typical shady MS BS, but hardly surprising.
I don't care, I will never be part od a class action lawsuit against them anyway.
Wow
Wow, consumer rights in the US are SHIT.
@Daveyo520 said:
You say that now.
Do people really think that suing Microsoft is gonna get them any kind of revenue??? THAT's funny
Well fuck. This is particularly annoying given that I am one of a very few people who have never agreed to the PSN ToS (as in I have a PS3 but never applied the update that required me to sign that ToS). It would have worked really well for me if this had gone the other way.
I really REALLY hate the world that we live in, and I wish that other people would take things like this more seriously. I can't defend my rights on my own, and I don't understand why so few people have any interest in defending theirs.
Yes, I take things seriously. If you find that absurd then you are part of the problem. Sorry.
Well, poop.
@Daveyo520 said:
It's not about wheather you will or not. But your rights yo are giving up just to play games online.
What if tomarrow they changed the TOS requireing you to be a Nun to continue using Xbox Live?
Today's terms: No opt out now, but on future changes you can totally opt out.
Tomorrow's terms: We no longer allow opt outs.
I see no point in a promise by terms that are constantly changing.
Never thought I would be thankful for EU law.
and this is why I don't support Microsoft or Sony.
Remember how Microsoft fucking sucks, and have been sucking for decades? Well, here's a reminder!
That may be true now. But you do know you can be a part of class action law suits without actually doing anything, right? I have been in multiple without ever going to court or talking to legal people. I never even filed a complaint. I just happened to be a customer or employee of companies at the wrong time. One example is I'm getting money from my employer because of a class action law suit that I didn't even know was going on until it was settled. I am a part of that class and am getting a fat check soon. I was given the decision one day to take the check or donate it to charity. Again, I never filed a complaint.
Another example is from me buying a motorcycle from a shady dealer. He sold motorcycles by consignment but was really bad at paying the original owner + doing title transfers. That got him into trouble. I got a check from a law suit that I had no involvement with in court or paperwork. It was fair I received a check because it paid for only a portion of the extra fees I had to pay out of pocket to get a temporary title for my motorcycle. All this happened without me filing a legal complaint. Someone else did and included me in the class.
We want the right to class action law suits.
Distant laughter in the air. Foreign. European judges reading these ToS.
Some people get too worked up about this shit, granted it is a legitimate issue/concern.What people don't seem to get is that if your console explodes, burns your house down, and/or rapes your parent(s) you can still take legal action. Really these types of user agreements don't count for shit in court.
If you have a legitimate reason to take legal actions against these companys you are still in your right to do so. Largely these agreements are there to squash hokie class action suites that some shifty lawyer somewhere dreams up and somehow finds a bunch of people to hop on board.
If the legal system wasn't abused so badly with BS law suites we might never have gotten to this point. It sucks on principle, but in practise isn't the evil money making company conspiracy some people make it out to be.
Note: I really do enjoy these types of news posts, being informed is empowering. Some people just need to chill.