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360 Dashboard update prevents Microsoft lawsuits

Posted Dec 15, 2011 at 8:30AM EST by Harrison E

Listed in: News Tags: microsoft lawsuits, sony lawsuits, xbox live, xbox tos
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360live

You may want to re-read the current dashboard terms and services agreement if you want to sue Microsoft some time in the future. After the new update caused a bit of havoc with new users and old one's alike, the update went live and introduced a lot of new features including ads and ruining the chances of an indie dev on the Live Arcade. Added with the new dashboard was a lovely new piece of lawyer-ese too.

 

A segment tastefully bolded in the terms of service states that the owner of the 360 is forbidden to participate in class action lawsuits against Microsoft.  Yes, according to section 18 of the user license agreement with Microsoft you cannot be apart of any dispute where a user (or series of users) can get into a court battle with the Windows company unless it is privately handled out of court through arbitration. So you'll have to go the crueler judges of fate, the Microsoft tech support.

 

Sony and Electronic Arts have enacted very similar policies in the past, as recent as September to mitigate the impact of such lawsuits. It's a bit rough coming from 360 as the E74 error was everywhere, well enough to effect 33% of consoles worldwide. Speaking of which, this new law is only in effect in the US, so every where else, sue to your heart's content...but remember where the company is based.

 

Via [TheEscapist]



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+1 # RE: 360 Dashboard update prevents Microsoft lawsuitsa 2011-12-15 12:34
Obviously this is completely ridiculous because anyone and everyone can sue for pretty much anything and everything, and common sense says MS should be breaking the law just even claiming this in their ToS, but since when has common sense and US law been used in the same sentence.

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# RE: 360 Dashboard update prevents Microsoft lawsuitsbender2 2011-12-15 20:47
Its just a matter of time before governments make new laws to regulate technology. Because if you look at steam your not even taxed in the USA in less you live in the state of Washington which mean something is wrong with the way things are setup right now.

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# RE: 360 Dashboard update prevents Microsoft lawsuitsUltimaXX 2011-12-16 13:24
It'll never hold up in court, this just gives people starting lawsuits a slightly harder time making a case.

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# cbtechonecbtechone 2011-12-17 14:54
Here is the issue on line contracts maybe upheld in court to a degree. It is very much disputable for the very reason there is a necessarily need for a witness signature along with a notary. cut back the fact, that the only reason any on line contract was enforced was due to exhausted attempts of lobbyists to make it happen. No one can prove the user signed into the profile and clicked except or didn't buy a used product where it was already agreed too. no contractual agreement can be upheld without both party's present and a witness. as much as you would need to have a defendant face his accuser in court. Might end up not being taken seriously until someone in office gets hacked and signs an on line contract agreeing to be the middle of a human centipede.

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# Check your factsppSucks 2011-12-20 05:26
The defective 360 consoles hit 54% at it's highest reported figure. That just kept climbing.

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