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.