Though the Xbox Live Dashboard update has finally been made available to the public after a slight delay, there are still some who are reporting problems logging back onto the service after completing the download. While we’re sure that Microsoft is addressing the problem, a new issue has come up that should concern any Xbox Live user living in the United States.
See, as part of the Terms of Use for Xbox Live, Microsoft has created a few new clauses that, in essence, say users cannot sue or join in a class action suit against Microsoft. It’s very similar to the clause that was added to the Sony terms after the PSN hack, but it’s still pretty unsettling.
Those who are interested in reading the full terms of the new contract can either read through them after downloading the update or view them here, and should pay particular attention to sections 18.1.4 and 18.1.6. There’s quite a bit of legal language at play in those sections, which do allow for some leeway, but essentially it’s Microsoft trying to escape legal action should anything go wrong with their service.
As Kotaku points out, Xbox Live users still have the right to dispute issues with Microsoft, but can only really do so in private arbitration, which is much more difficult to go through successfully. Typically, those private arbitration situations result in the court finding for the company or awarding minimal compensation.
So, while the new Dashboard update was meant to make life better for the Xbox Live user it may have also introduced a few new hardships for them when it comes to settling disputes with Microsoft. It’s not like the same thing wasn’t seen before with Sony, and hasn’t been passed down by publishers, it’s just disappointing to see another company jump on the “please don’t sue us” bandwagon.
There is still a way for US users (Xbox Live members outside of the US don’t have to worry about this issue) to opt out if they so desire by sending a letter to Microsoft, so all hope isn’t lost. And hey, the Dashboard’s new Kinect integration is pretty neat, so there’s that.
How do you feel about Microsoft adopting this new “don’t sue us” clause into their terms of service? Is it just part of the process nowadays or a bigger problem?
Source: Microsoft (via Kotaku)
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So you can still have Xbox live, but opt out of the agreement via letter?
Because I’m sorry Microsoft if you get hacked and then my identity gets stolen or bank account emptied……I’m not giving up my right to sue you into next decade.
This is just sad. Sadly I’d agree to terms just to play my games.
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It’s not that big of a deal to me. I know it may be to some, but I don’t have to worry about someone stealing my credit card off of xbl because my card number isn’t on my account. I buy 1 year of xbl every March, and if i need MS Points, i just buy them and download the code on Amazon. It takes a little more time and effort, but it’s better than having money get stolen.
This right here, its the safest way for any console. buy ms/psn cards at any store that carrys them. but be careful, i bought something at walmart with my atm and someone got my info from there and spent over $1000. lucky i got my money back after i reported. so hackers and low life thiefs are everywhere. atm banks to get cash is the safest.
walmart is the worst never use your atm card there, i alwasy try to just use cash. my atm card was copied from there and used also but thay only used 20$ to see if it worked. then we found out. im not out of my house after 9 pm andthay used it at 11 45 pm lol
I’m sending the letter, no reason not to.
I think it’ll stop a lot of stupid people from trying to do what that other guy did but it’ll also stop innocent people that got screwed ovr from getting compensation whichll probly result in them just stopping using microsoft services
Hey being sued isn’t fun they have a point if it was your company you would do the same!
i have no info on xbox i buy the cards and membership at gamestop but you should have every right to sue if your info is stollen. reamber you have to pay to use x box live not the ps3 network. and if i have to pay for a service and thay loose my info and stuff gets stolen then why do you have to pay for a system that dont work.
There’s a simple solution to this…dont put your credit card on your Xbox Live account. Use microsoft points and Xbox Live Gold cards people…Come On! Not that hard to figure out…duh!
its seriously not that bad just because you know that Microsoft will never get hacked and if they do they’ll terminate it into dust, do something like what ps3 did, give some compensation and im pretty sure its not just for hacking but idiots that sue firewood companys becuase they didnt know firewood was flammable.
So we have to pay for a network that wont take responsabilty for there actions if thay get hacked. its like saying if PayPal got hacked and your money and info got stolen thay dont have to do anything and dont even have to pay you back, seams like alot of BS to me!
My boyfriend’s Live account was recently hacked by a small-time hacker. Unfortunately, we forgot to remove the credit card info the last time we used it, and the hacker spent around $250 purchasing something called “game currency” in Madden 10,11,12. (we suspect that he learned about the Fifa hack in Europe and decided to do something similar).
In the end, though, we got our account and money back. On top of that, MS gave him 2 months Live even though he really only lost the account for about 2 weeks.
Suing the company never ever crossed our mind because they did what they could. In my honest opinion, only greedy morons would jump on the suing wagon during a massive hack. You’re so keen on your stupid “rights” that you aren’t helping the matter in any way possible.
It gets on my nerve when I see people abusing “it’s my right it’s my right,” people only start thinking about their extra rights when they have nothing better to do, they tend to forget that there are many people that live a worse life out there; all you are really crying about is “oh my info is lost on an entertainment platform, gimme money GIMME!” when these corporations are facing much bigger issue.
On top of that, the same crying idiots don’t seem to understand what Class Action means.
Thats a pretty cheap move microsoft is making. Though I like the xbox over any console, I do not like Microsoft. Though, as long as microsoft treats us fair then I am fine with it. It kind of annoys me though… It is kind of sneaky if you ask me….