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the icon ownz all 12/07/11 11:17:00 AM #1: |
http://www.joystiq.com/2011/12/07/new-xbox-live-terms-of-service-prevent-class-action-lawsuits-aga/
 Sony did it earlier this year, why not Microsoft? Note that this doesn't apply to Canadians as it's illegal here. If you want to opt out, this bit is relevant: " As with other similar terms of service changes, users may choose to reject it by sending a letter (a paper one) to Microsoft Corporation, ATTN: LCA ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399." -- ICON: Can I kick it? ... Copied to Clipboard!
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Azp2k32 12/07/11 11:21:00 AM #2: |
"(a paper one)"
F*** that. -- http://www.nbc.com/parks-and-recreation/exclusives/ron-dancing-animated.gif ... Copied to Clipboard!
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| #3 | Post #3 was unavailable or deleted. |
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Articuno2001 12/07/11 11:49:00 AM #4: |
I used http://www.gamersoptout.com/ to opt out of the one from Sony, and if I ever decide to turn on my 360 again I might waive it as well.
That is, if the site isn't down (like it is now). -- 2011 Rivalry Rumble Contest - i am too lazy to edit this every day http://backloggery.com/articuno2001/sig.gif ... Copied to Clipboard!
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YetAnothrShadow 12/07/11 11:53:00 AM #5: |
crap.
And I already accepted it. Can't opt out now can I? -- Brawl is like ZSS' breasts. Well rounded for casual players. http://img.imgcake.com/1319527328883gifad.gif ... Copied to Clipboard!
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MrSmartGuy 12/07/11 12:18:00 PM #6: |
I actually read this in the new ToS. First one I've actually looked through in years! Big deal, I can't think of any situation where I'd sue them anyway. I don't have the energy and willpower to go through with a lawsuit!
-- Xbox GT/PSN name: TatteredUniform - SSBB FC: 1891-0831-5747 (TEETS) http://card.mygamercard.net/nxe/TatteredUniform.png ... Copied to Clipboard!
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GuessMyUserName 12/07/11 12:21:00 PM #7: |
From: the icon ownz all | Posted: 12/7/2011 2:17:13 PM | #001 best country in the world -- http://26.media.tumblr.com/tumblr_lvgdyvJ7fa1qcc7n9o1_250.gif ... Copied to Clipboard!
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TRE Public Account 12/07/11 12:27:00 PM #8: |
I actually read this in the new ToS. First one I've actually looked through in years! Big deal, I can't think of any situation where I'd sue them anyway. I don't have the energy and willpower to go through with a lawsuit!
Lawsuits generally aren't something you plan to do. They are usually done in response to something unexpected. I don't think many people joined the PSN with expectations of joining a class action lawsuit when Sony leaked out personal information on millions of users. Also the threat of a potential class action lawsuit hopefully prevents some decisions that would have lead to one. I've never personally participated in a class action lawsuit, but I don't think there's too much work involved if you are just joining one someone else started. -- Pokemon VGC2011 US Nationals - 54th place Pokemon VGC2012 NW Regional - 16th place ... Copied to Clipboard!
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The Real Truth 12/07/11 12:33:00 PM #9: |
Haha......ha
Guess I won't be buying Microsoft's next system either. -- GameFAQs isn't going to be merged in with GameSpot or any other site. We're not going to strip out the soul of the site. -CJayC ... Copied to Clipboard!
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the icon ownz all 12/07/11 12:33:00 PM #10: |
From: YetAnothrShadow | #005 You were offered 30 days after accepting the Sony ToS to opt out. I assume it's the same situation here. Patrick Klepek created a template to opt out of Sony's ToS. You can modify it with relevant information: https://docs.google.com/document/d/1cXeHrCd-inBA4lCSk2P41tfA-HLeQEdMd-NKljOye9A/edit?hl=en_US -- ICON: When there's nothing left to burn, you have to set Bidoof on fire. ... Copied to Clipboard!
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Bigwig_rah 12/07/11 12:54:00 PM #11: |
You know this isn't a bad thing right? If a bunch of people get together and sue Microsoft for something no matter what the payout is each person involved will only see a minuscule amount. Like, cents, an amount most people wouldn't even bother claiming. Meanwhile, Microsoft's lawyers make millions. Waving your right to class action lawsuit just means any legal matter will be arbitrated out of court. Microsoft doesn't have to pay their lawyers and the general result for the consumer is the same.
-- http://img.imgcake.com/nio/2bigwigpngut.png ... Copied to Clipboard!
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Metal_DK 12/07/11 1:03:00 PM #13: |
i love how people still "look up and respect" these companies, acting like they've pioneered so much in this era.
i still think its funny and ironic that the best online gaming service ever provided by a major corporation was battle.net 1.0 for sc1 and war3, and it was free.  pictured above: When “free-to-play” online video games didn’t mean “you get what you pay for” -- Pride. Passion. Excellence. Metal_DK Currently playing: Sengoku Rance, Starcraft II ... Copied to Clipboard!
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muddersmilk 12/07/11 1:08:00 PM #14: |
I don't have the energy and willpower to go through with a lawsuit!
That's the nice thing about a class action suit, you don't do anything really. When it starts you sign something saying that you want to be a part of the suit and then a few (or more) years later you get some money. Taking the 2 minutes to be part of the class action suit against Microsoft for Office was one of the best 2 minutes I have ever spent. -- (Maniac64 at work) [Browncoat] ~Board 570901~ All the proteins, vitamins, and carbs of your grandma's best turkey dinner, plus 15% alcohol. ... Copied to Clipboard!
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TRE Public Account 12/07/11 1:14:00 PM #15: |
You know this isn't a bad thing right? If a bunch of people get together and sue Microsoft for something no matter what the payout is each person involved will only see a minuscule amount. Like, cents, an amount most people wouldn't even bother claiming. Meanwhile, Microsoft's lawyers make millions. Waving your right to class action lawsuit just means any legal matter will be arbitrated out of court. Microsoft doesn't have to pay their lawyers and the general result for the consumer is the same.
If it doesn't cost Microsoft as much when they get caught doing something questionable that screws over the consumers, they are going to be more willing to do it. -- Pokemon VGC2011 US Nationals - 54th place Pokemon VGC2012 NW Regional - 16th place ... Copied to Clipboard!
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VitalVI 12/07/11 1:15:00 PM #16: |
Dem americans
-- big rigs is game of the ever ... Copied to Clipboard!
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Biolizard28 12/07/11 1:17:00 PM #17: |
EA was the first one to do this, right? Or was it Sony?
Either way, should have known it would spread. -- I like how each new topic you make reveals such varied facets of your idiocy. - foolmo [NO BARKLEY NO PEACE] ... Copied to Clipboard!
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TRE Public Account 12/07/11 1:22:00 PM #18: |
It was AT&T that started it. I'm not sure which gaming related company was the first to jump in on the action. Sony was before EA. I'm not sure if there was someone before Sony. I'm sure Nintendo will probably jump in eventually as well.
-- Pokemon VGC2011 US Nationals - 54th place Pokemon VGC2012 NW Regional - 16th place ... Copied to Clipboard!
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the icon ownz all 12/07/11 1:50:00 PM #19: |
Sony was the first gaming company as far as I'm aware. Most major video companies sponsored the recent S. 978, anti-streaming bill as well, including Apple, Nintendo, EA, Activision, and others I can't remember.
-- ICON: I'm pretty serious about chocobos. ... Copied to Clipboard!
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TRE Public Account 12/08/11 1:55:00 PM #20: |
Article was updated. You don't need to send in a paper letter to opt-out because you can't opt-out. If you want to keep using Xbox Live, you need to agree to giving up the ability to join a class action lawsuit.
-- Pokemon VGC2011 US Nationals - 54th place Pokemon VGC2012 NW Regional - 16th place ... Copied to Clipboard!
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the icon ownz all 12/08/11 10:13:00 PM #21: |
Just saw that. Opting out only refers to future clauses. Not sure why more people aren't upset. When Sony and EA rolled out similar clauses which you could opt out of, people were (justifiably) upset.
-- ICON: When there's nothing left to burn, you have to set Bidoof on fire. ... Copied to Clipboard!
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OmarsComin 12/08/11 10:20:00 PM #22: |
Yeah I saw this when the update happened, IIRC it was at the very top of the ToS. It's frustrating but it's not so important in my life that I'm going to devote a big amount of time to it or stop playing online. That's probably what they're relying on, I guess. That most teenagers/mid-twenties people will be upset but not actually do anything about it.
Somewhere along this gen it feels like gaming companies have gotten sucky. They could've always been sucky and I wasn't aware of it, but I've been especially aware of it lately. Capcom promising arcade perfect ports, taking our money, then not delivering. DLC content available for purchase from day one. Anti-consumer ToS ridiculousness. New forms of invasive DRM. It's just crappy all around and it doesn't give me warm feelings about any of these people. ... Copied to Clipboard!
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LordoftheMorons 12/08/11 10:21:00 PM #23: |
the icon ownz all posted...
Just saw that. Opting out only refers to future clauses. Not sure why more people aren't upset. When Sony and EA rolled out similar clauses which you could opt out of, people were (justifiably) upset. Probably because most people don't understand the purpose of class action lawsuits, and don't think they'd ever need to use one. They just see that the amount of money they'd get is small, and assume it's pointless to have that right. -- http://img255.imageshack.us/img255/2636/ivotedphoenixyi0.png No I'm not a damn furry. Looney Tunes are different. - Guiga ... Copied to Clipboard!
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CherryCokes 12/08/11 10:23:00 PM #24: |
From: the icon ownz all | #021 Because Sony has screwed up before, and EA is the devil Microsoft isn't really in either of those boats. -- "30" ... Copied to Clipboard!
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OmarsComin 12/08/11 10:26:00 PM #25: |
Did people bring a class action lawsuit against Microsoft for the RROD issues early in the console's life?
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TheOceIot 12/08/11 10:28:00 PM #26: |
These things are more of a scare tactic than anything. ToS agreements aren't the law you know. If you're state has ruled that consumers must always have the right to puruse legal action (as many do) then you are unaffected by this. Agreements might say one thing, but it's your state law that matters. If you sign a lease that says "no pets allowed" but state-tennant laws allow pets then you can have a pet. The lease that your landlord drew up doesn't mean a thing.
But I live in Canada anyways so who cares! -- you just can't live in that negative way...make way for the positive day ... Copied to Clipboard!
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Team Rocket Elite 12/08/11 10:28:00 PM #27: |
Did people bring a class action lawsuit against Microsoft for the RROD issues early in the console's life?
Yes. It lead to Microsoft owning up to the issue and offering extended warranties. -- Pokemon VGC2011 US Nationals - 54th place Pokemon VGC2012 NW Regional - 16th place ... Copied to Clipboard!
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Team Rocket Elite 12/08/11 10:31:00 PM #28: |
These things are more of a scare tactic than anything. ToS agreements aren't the law you know. If you're state has ruled that consumers must always have the right to puruse legal action (as many do) then you are unaffected by this. Agreements might say one thing, but it's your state law that matters. If you sign a lease that says "no pets allowed" but state-tennant laws allow pets then you can have a pet. The lease that your landlord drew up doesn't mean a thing.
But I live in Canada anyways so who cares! http://www.bloomberg.com/news/2011-04-27/at-t-unit-wins-arbitration-case-at-u-s-supreme-court.html It sounds like it can trump state laws to me but I'm not that familiar with how it works in the US. -- Pokemon VGC2011 US Nationals - 54th place Pokemon VGC2012 NW Regional - 16th place ... Copied to Clipboard!
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the icon ownz all 12/08/11 10:46:00 PM #29: |
From: CherryCokes | #024 neither of those things are relevant, and one is entirely subjective. the past actions of a company should not dictate how you feel about a specific occurrence. both sony and microsoft have been compromised over the last year. while the attacks on sony were widespread, vital consumer information was not lost. XBL users, however, have been victim to ongoing phishing scams for the last couple months with no end in sight, albeit on a much smaller scale, and credit cards information has been stolen. does that mean microsoft is now fair game to criticize? no - we could, and should, criticize this new policy regardless. besides, the two supposedly evil and/or incompetent companies let you opt out of this restrictive clause and you can continue using their services. with microsoft, once you agree, you can't opt out, and you can only continue to use their service - a service they charge for, while PSN and Origin are free - if you agree to the new TOS. From: TheOceIot | #026 Yeah. I'm no crim student, but I'm sure this doesn't cover Microsoft from class action lawsuits as a result of illegal activity. It does, I think, cover Microsoft from the kind of class action lawsuit that resulted in them extending 360 warranties once we found out the high fail rate of early consoles. -- ICON: When there's nothing left to burn, you have to set Bidoof on fire. ... Copied to Clipboard!
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Team Rocket Elite 12/08/11 10:56:00 PM #30: |
While Sony and EA let you opt out, it's not much more than a token gesture. Only a small fraction of users will actually opt out. Sony and EA aren't going to care very much about a Class Action lawsuit with only a handful of people in it.
-- Pokemon VGC2011 US Nationals - 54th place Pokemon VGC2012 NW Regional - 16th place ... Copied to Clipboard!
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KingButz 12/08/11 10:59:00 PM #31: |
From: TRE Public Account | #008 This post ain't biased at all -- My Japanese alter-ego. Hey all this is Bartz btw. ... Copied to Clipboard!
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Team Rocket Elite 12/08/11 11:07:00 PM #32: |
I believe that's a fair assessment of what happened to Sony. Do you disagree?
-- Pokemon VGC2011 US Nationals - 54th place Pokemon VGC2012 NW Regional - 16th place ... Copied to Clipboard!
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the icon ownz all 12/08/11 11:44:00 PM #33: |
From: Team Rocket Elite | #030 Most users undoubtedly ignored the option to opt out, but Sony was upfront with the new ToS; they had sent out e-mails to users up to a week in advance informing the user of the upcoming changes. I'm not in favour of their action at all, but at least they informed the consumer the new ToS wouldn't be consumer friendly beforehand, and allowed the consumer to opt out afterword. -- Love is better than anger. Hope is better than fear. Optimism is better than despair. So let us be loving, hopeful and optimistic. And we’ll change the world. ... Copied to Clipboard!
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