Xbox 360 New Dashboard TOS Takes Away Customers’ Right To Sue

Mimicking a similar move that was done by Sony not so long ago, Microsoft has amended the Xbox 360 terms of service to prevent U.S. customers from taking the participating in class action lawsuits against it.

"If you live in the United States," the new TOS reads. "You and Microsoft agree that if you and Microsoft do not resolve any dispute by informal negotiation ... any effort to resolve the dispute will be conducted exclusively by binding arbitration in accordance with the arbitration procedures in Section 18.1.7."

"You understand and acknowledge that by agreeing to binding arbitration, you are giving up the right to litigate (or participate as a party or class member) all disputes in court before a judge or jury."

"Instead, you understand and agree that all disputes will be resolved before a neutral arbitrator, whose award (Decision) will be binding and final, except for a limited right of appeal under the federal arbitration act."

Add new comment

CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.

Comments

To whom made the comment......

usa
Submitted by Anonymous on Sat, 12/10/2011 - 00:56.

You're on thick bastard to believe that the Xbox is any different to the PS3 when it comes to a permanent internet connection.
-------------------------------------------------------
If you have a network cable plugged into the back of either the Xbox or PS3 then your always online.
With WiFi however, you need to set up your internet connection.
-------------------------------------------------------
Though the Xbox doesn't have built in WiFi, once it is set up on the PS3 then it does have a permanent connection.
-------------------------------------------------------
So, with the above in mind, i would ask you what the fuck you're on about.---------------
I mean, you do realise that you can always unplug the network cable from either machine or just turn of the WiFi on the PS3 right?
------------------------------------------------------
Oh, and whoever said that the reason for high priced games is because of lawsuits needs to educate themselves a little more.-----------------
I don't get you people because one minute your saying it's because of piracy, which has been proven not to be the case, and the next thing your saying is it's because of lawsuits.--------------------
You're obviously too young to even know what the reasons are for high priced games and you probably base your comment on the fact that you wanted a particular game but your parents couldn't afford it this month. Hence the reason why you made such a stupid comment based on NO facts whatsoever. ------------------------------------------------------
The reality is, game pricing is structured for maximum profit and to appease the shareholders. You only have to look at EA as an example for this. ------
On the PC EA have their own software called Origin. You can buy games via this software like you can from Steam and the games are available to download at the very moment of release.
The issue is, the games that you can buy are priced at a higher cost than what they would be to buy from Amazon. -------
In fact, these games are priced at equal levels to consoles and yet, the developers don't have to pay a particular manufacturer of hardware a license fee to produce and sell those games on the PC platform. ---------------------------------------
So, is that because of lawsuits to?

Rights

It's baffling to me that in the U.S., if this is true, you can actually sign away personal rights by signing a contract. Where I live, surrendering your basic rights granted to you as a citizen by state laws is always void, under any circumstances. Especially if a private corporation, who before the law carries the same weight as yourself, tries to get you to do it. And that seems to make a lot of sense. You can't commit crimes or negligence, and then making it all go away by contractually forcing anyone who finds out to "please not tell".

Then again, I don't know whether this clause would even hold in the U.S.. Terms of Use by big corporations are often prepared exceedingly badly by lawyers who either seem to have no clue about the law, or are simply forced to add bollocks that sounds scary but is legally not binding at all. German magazine GameStar recently hired a lawyer to analyse EA's terms of service for Origin. About two out of every three clauses were legally not enforceable and totally void. When you sign, you can consider these terms to not even be there. Maybe this would be the same in the case of MS and Sony TOS. It would be interesting to hear an actual lawyer's opinion, since it seems that it's often not lawyers (or not very good lawyers) who write such TOS.

OMFG NOOOOOO!!!!

Damn. I usually join several class action lawsuits against Xbox Live every month like most Americans. Now I'll have to start heading down to the federal courthouse in person and file my suits alone. What a crappy deal!

People are stupid enough to

People are stupid enough to pay subscription fee's to play xbox games online. MS is just exploiting that same stupidity, this time further. IMO the subscription fee that everyone swallowed, for some reason that is beyond me, started the wedge effect. This will probably lead to something worse. If you dont think so, you clearly dont know what company you are dealing with, and your also probably one of those idiots that believes that the prize money you won over the phone just needs your credit card information before they can send you the money ;)

If you are stupid enough to pay to play your xbox games online, you are the reason that MS continues this trend. Stupid consumer, these tricks are for you.

all u

Im guessing you got screwed on it like that because form the sounds of it u got to the whole thing down in detail. if u dont like it they got play ur ps3 with cheaters. no one if forcing u to do all that shit so there for its all u.

XBRICK CUSTOMERS GET THE SHAFT AGAIN!

This means allot more new psn/ps3 customers will be coming sony's way and they have stupid micro$hit to thank for their new boon in business. GREAT JOB WITH THOSE DRACONIAN METHODS OF YOURS GATES! CANT WAIT TO SEE YOUR CORRUPT ASS GET HAULED INTO COURT OVER THIS AND LOSE YOUR GODDAMNED MONOPOLY FINALLY!

usa

They say buy american keep ur ass working well and they they buy PS3 piece of shit 3. made in mexco sold in usa V6 3.4 12mpg. every time i find some time to play ps3 there is always some update. now how would it know if im not connected, o wait its always connected even do i choose not for it to be.

Illogical

My dear friend, your ineloquent rant barely makes any sense... If you read the arctile above uou would have noticed that it does mention that Sony had executed a similar TOS much before microsoft. So, if people who are worried about the new TOS by Micro and then decide to leave Micro due to it, I doubt they would move to Sony either.. And secondly I have doubts that Gates had anything to do at all with the new TOS agreements, I think you dont fully fathom the size and the extent of Microsoft and thus you possibly assume all decisions are made like a Monarchy. Further still, lets be honest in todays society people will sue any company for just about anything thing (given even the slightest chance). It's a companies to protect itself and the consumers choice to NOT take part in the offered service.

Unrealted to this topic, I would much rather purchase Microsoft's products (namely Windows and Office :) ) over Apple's (Mac OS and jsut abt anything Apple). Just a preference.

well

I for one agree with their decision, bogus lawsuits and lawyers are the reason games are such high prices in the first place. seriously, whose ever been harmed by a microsoft product? no one! ppl only file lawsuits to make money thats it, thats all it ever is, is money. So good thing they took a step to try and prevent more.

Way Wrong

How wrong those comments are. Lawsuits have nothing to do with the pricing of games. The new TOS is trying to prevent developers from suing Microsoft for monopolizing game development. Microsoft recently told developers that if a title contains more content on another platform, then it could not be released on the Xbox. TOS not only apply to the user, but also the developer. Class action lawsuits are often based on shady business practices, like Ticketmaster and the service charge, which was just setteled in the past few weeks. This is a move based on greed. Read the TOS, then tell me again that this is no big deal. Think of all the ways Microsoft is giving themselves the advantage in cases of exploiting the customer. This new TOS is akin to a car maker writing a TOS to car buyers stating that if there is a manufacturing flaw in the car that causes death, the car maker cannot be sued.

More to the reason why I stay with the PC, and that brings up another issue. If microsoft is doing this for the Xbox, why not the PC? Its all about subscription fees, game development, and downloadable content. In other words,... profit.

And here it is again

Typical big corporations dictating your rights.

I wonder how many sheeple will agree?

The thing that gets me though is if everyone banded together and said no, we don't agree, then it would mean that Micro$oft would have to terminate your gold membership with immediate effect and would also have to refund you your remaining subscription.

At the same time, all that everyone would have to do would be to wait M$ out and they would soon back down.

No money equals no business, no business means very pissed off shareholders.

You lot should use your heads.

I think you're mistaken.

There's a flaw in your logic, because people place vaules on things very differently.

My values were on Halo and Gears of War and I LOVE the controller more than any controller in the history of consoles. These are the ONLY reasons I got an xbox. Those reason however are FAR more important than any piddly fee I have to pay. Everything else I like to play... I'd rather use my PC. Likewise back in the day I bought PS1 and PS2 because of Final Fantasy and Gran Turismo exclusives.

AS well, the systems people use doent compare to the longterm price of content. $45 a year is laughable if you're paying $60 a game, and you buy new games every couple months. Hell, I personally just spent Over $500 to upgrade my PC just so I can play BF3 on Ultra.

So it's all about getting what YOU want and asking YOURSELF if it's worth the price. Why not try your mindless trolling on some WoW forums and tell 12 million people they're stupid for paying $15 a month to play ONE game online.

they are stupid the're

they are stupid the're playing wow, not a better game. 'trolling' aside. your values are slightly skewed from an intelligent point of view, I said its a free service because up until the 360 came about, NO ONE charged you for playing your games online....the idea of that was laughable. of course that's not including mmos which are different as they're multiplayer (even if its mostly padding and fluff) is still much more vibrant and expansive than any shooter multiplayer. also you killed all logic when you had to use caps to describe how much you love a controller...

you did bring up one decent point though, with this generation we have a handful of exclusives, and even less good ones... the sign that consoles are dead really as that brings it down to who has the best price, best graphics and best controler.... by the time the next generation rolls around, pc will rule that category. consoles get more expensive every generation... and a $600 pc can play skyrim and make it look better than the console version

Dashboard suck

This new dashboard sucks worse then the last one. Some new features is a plus but the way its represented blows. Go two dashes back where it looked to be 3d-ish and let me customize shit I want to see in those boxes, or give me choices to make my dashboard menu look the way I choose and free. Now I have my games at auto start just to that I don't got to look at the crap.

Add new comment