Why Microsoft? Why? December 7, 2011Posted by vubetube in Opinion, Thoughts and Ideas, Video Game.
“15. WE MAKE NO WARRANTY.
We provide the Service “as-is,” “with all faults,” and “as available.” We do not guarantee the suitability, reliability, availability, accuracy or
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– So if you pay for Xbox Live Gold, you can’t hold Microsoft accountable for any downtime because no technology is perfect even if you are paying them for this service. But aside from early on hiccups that were probably from the switch from the old model of Xbox Live (from the original Xbox with paying users who had online and non-paying users who didn’t have online to one where paying members were called gold and could play online while nonpaying members were silver and could use some online features but couldn’t play online.) I feel that if you pay for a service to be up and running, no matter how imperfect it is, they have some sort of responsibility to the consumer to inform them of any down time for whatever reason.
“16. LIABILITY LIMITATION.
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-This basically outlines what they can be liable for in case of bad things happening and what you’ll get as stated by the opening line “You can recover from us for all successful claims only direct damages up to a total amount equal to your Service fee for one month. You cannot recover any
other damages, including consequential, special, indirect, incidental, or punitive damages and lost profits.” According to Microsoft most Gold memberships cost about 5 dollars a month.
17. Changes to the Service; If We Cancel the Service.
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-Section 17 probably came out of the Playstation 3 fiasco of removing features, but this worries me as the Xbox 360 started off stripped of features (possibly because those other features could be done on another machine with another Microsoft product although coming soon seems to mitigating some of the missing things.) While not much of an issue currently, it could become a problem if “coming soon” applications suddenly start disappearing because of their incompatibility (which is unlikely.)
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use the Service for personal or household use, or if the value of the Dispute is $75,000 or less, the Supplementary Procedures for Consumer-Related Disputes
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Section 18, basically defines how you’d go about suing Microsoft and where most of the concern/hate is coming from. Why try to block a Class Action cases, why force non-content users to go one on one with the company rather than pooling together their resources and stories in hopes of correcting past problems so people further down the line don’t have to do the same song and dance, one by one.
Honestly there are probably worse EULA/TOUs floating out there, but I haven’t seen an “opt-out” or optioning out of this EULA/TOU aside from either fully accepting it or completely rejecting it, no “clauses” that allow the users to accept most of it while not abide by another part. Who knows if this would be held up in a court-case but overall it feels like a big step in a very wrong direction. It makes me wonder if the following generation of consoles will all have something this scary where companies use EULA/TOUs to scare and intimate their users into being complaint rather than trying to protect them and themselves.