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Windows 7: Microsoft Sneaks a No Sue Clause into Xbox 360 Update

08 Dec 2011   #1
Microsoft MVP

64-bit Windows 8.1 Enterprise
 
 
Microsoft Sneaks a No Sue Clause into Xbox 360 Update

Quote:
Hey, great news everyone, Microsoft's Xbox 360 dashboard update is ready to download. But wait, it gets better! Not only does the dashboard update overhaul the entire Xbox 360 experience and usher in an era of voice controlled navigation, but Microsoft went the extra mile by adding a clause to the Terms of Service (ToS) stripping you of the hassle of being able to file a class action lawsuit, should you ever feel compelled! No siree, if you have an issue, you can sidestep legal action by "filling out a simple Notice of Dispute form" and mailing it in, and Microsoft will then work to resolve the dispute to your "satisfaction within 60 days." Isn't that swell?
Read more at:
Maximum PC | Microsoft Sneaks a No Sue Clause into Xbox 360 Update

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08 Dec 2011   #2

Windows 7 Ultimate 32-Bit
 
 

So they're pulling an EA Games on everyone who owns a 360. So glad I don't own any consoles.
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08 Dec 2011   #3

Windows 7 Ultimate x64, & Mac OS X 10.9.2
 
 

i got banned from xbox live because i owe bill gates 2.49 for a game...

i purchased fruit ninja on my old windows 7 phone, and paid with my debit card assigned to my account. however the card had expired and i had been sent another one. yet microsoft still accepted payment and let me download the game.

day later i get some angry emails saying i owe money, then they cut off my xbox account (as it was assigned to my phone) and eventually banned me... top job guys.. lost a customer! ive got a once used xbox 360 slim 250gb sat gathering dust lol
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08 Dec 2011   #4

Windows 8.1 Pro
 
 

Quote:
No siree, if you have an issue, you can sidestep legal action by "filling out a simple Notice of Dispute form" and mailing it in, and Microsoft will then work to resolve the dispute to your "satisfaction within 60 days." Isn't that swell?
That's laughable. In the meanwhile their team of high paid lawyers will just frutrate you into nothingness seeing you can't sue them now.

I can see this kind of tactic coming through all sorts of "updates" in the near future. Yet another loss for the consumer
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15 Dec 2011   #5

Windows 8.1 Pro
 
 
If you have a GFWL account beware!

OK, so I go to log into my Games for Windows Live (now Games for Windows Marketplace) and it's telling me there's a problem with my account that I need to resolve before signing in. So I click the resolve link and it takes me to another sign in screen where I provide my credentials and lo and behold I have to agree to this....

Microsoft Sneaks a No Sue Clause into Xbox 360 Update-x-box-binding-arbitration-clause.jpg

it's the new Terms of Agreement stating that I to agree to the Binding arbitration and class action waver

Quote:
18.1. BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER FOR U.S. RESIDENTS. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS CONCERNING ANY DISPUTES BETWEEN YOU AND MICROSOFT IF YOU LIVE IN THE UNITED STATES FOR PURPOSES OF SECTION 18.1 AND ITS SUBSECTIONS, "MICROSOFT" MEANS MICROSOFT CORPORATION AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.

18.1.1. DISPUTE. As used in this contract, "Dispute" means any dispute, claim, demand, action, proceeding, or other controversy between you and Microsoft concerning the Service and your or Microsoft's obligations and performance under this contract or with respect to the Service, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. "Dispute" will be given the broadest possible meaning allowable under law.

18.1.2. INFORMAL NEGOTIATION OF DISPUTES. You and Microsoft agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and Microsoft otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or Microsoft mails a notice of the Dispute ("Notice of Dispute") as specified in Section 18.1.3. You and Microsoft agree that neither will commence arbitration before the end of the time for informal negotiation.
No agree, no GFLW access! WTF!!! And I don't even own an x-box!


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15 Dec 2011   #6

Windows 7 Professional SP1 64-bit
 
 

I would like to point out that it is not just Microsoft doing this. While trying to solve an issue with netflix not working on my xbox, i discovered that I had to reread the Netflix terms of use and agree to it. Netflix now has the same clause about using arbitration instead of suing them. From what I hear, most internet based services are going that route.
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 Microsoft Sneaks a No Sue Clause into Xbox 360 Update





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