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Microsoft does same thing media bashed Sony for last year


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Showing 1-17 of 17 posts in this discussion
Initial post: May 28, 2012 9:02:12 AM PDT
Somehow I doubt the media backlash will be as intense this time.

http://www.slashgear.com/microsoft-blocks-class-action-attacks-with-contract-cut-out-28230444/

You know all those user agreement notices you don't read before clicking accept? Microsoft will be making some changes to its own across its various products and services in the future. Lots of class action lawsuits have been brought against companies in the past when services fail or products didn't turn out as advertised, and Microsoft will join a growing list of bodies that makes sure the user agrees not to bring class action lawsuits in the event of a dispute.

Instead, users will be asked to try and resolve the issue informally with Microsoft, and if that fails, then the only other options will be arbitration or pursusal in a small claims court. Microsoft say that change was already made to its Xbox Live service several months ago, and will be applying the new policy to more products in the future. The US Supreme Court ruled in 2011 that companies could include such stipulations in their user agreements.

The company goes on to say that there will be "powerful incentives" offered to customers to resolve issues, and if arbitration is needed, Microsoft's process will be "among the most generous in the country". Attorney fees will not only be covered, but also doubled, provided they're "reasonable", and Microsoft say the whole process should allow quick resolutions and fast compensation.

Posted on May 28, 2012 9:05:49 AM PDT
"Microsoft's process will be among the most generous in the country"

now cmon. you know they are hiding something now, who would believe that?

In reply to an earlier post on May 28, 2012 9:08:01 AM PDT
Lol, I remember when Sony did this the 360 fangirls called PS3 owners drones.

Posted on May 28, 2012 9:10:08 AM PDT
FV says:
"The company goes on to say that there will be "powerful incentives" offered to customers to resolve issues, and if arbitration is needed, Microsoft's process will be "among the most generous in the country". Attorney fees will not only be covered, but also doubled, provided they're "reasonable", and Microsoft say the whole process should allow quick resolutions and fast compensation."

BS on this part. All this is fluff to make the agreement go over nicely in the eyes of the media, but when someone actually has a legitimate problem I doubt they will be given "powerful incentives."

In reply to an earlier post on May 28, 2012 9:14:34 AM PDT
Last edited by the author on May 28, 2012 9:14:57 AM PDT
Even the media was actively encouraging PS3 owners to print out their letter template and mail it to Sony.

Posted on May 28, 2012 9:18:08 AM PDT
Sisyphus says:
So do you want the cuddlefish or the vanilla pudding?

Posted on May 28, 2012 9:18:45 AM PDT
Hmm, I don't remember this. This was a big deal?

In reply to an earlier post on May 28, 2012 9:19:50 AM PDT
That whooshing sound? Over my head.

Posted on May 28, 2012 9:21:49 AM PDT
Yeah I'd like to know too. What was the original Sony debacle about and what is this one about? I have both systems, but the only thing I remember was the PSN hacking thing.

In reply to an earlier post on May 28, 2012 9:22:14 AM PDT
It was among the gaming and tech media.

http://www.google.com/search?hl=en&safe=off&site=&source=hp&q=sony+eula+class+action&oq=sony+eula+c&aq=0&aqi=g1g-K1g-b1&aql=&gs_l=mobile-gws-hp.1.0.0j0i30j0i8.155.3570.0.5787.18.11.2.3.5.1.1339.6080.2-3j0j1j2j3j1.10.0...0.0.9daJ3g-tIpE
Your reply to Jason the rational Sony fan's post:
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In reply to an earlier post on May 28, 2012 9:24:02 AM PDT
Last edited by the author on May 28, 2012 9:24:33 AM PDT
McAwesomeo says:
I pointed it out in the TOS to the new dashboard update. I also pointed out it's a standard clause and it's a non-issue with Sony too. Even good old Amazon blocks class action lawsuits with a clause in their TOS.

Posted on May 28, 2012 9:28:09 AM PDT
Last edited by the author on May 28, 2012 9:45:44 AM PDT
When you filter the spin, it reads:

"Lots of MORAL REPREHENSIBILITY has been MATERIAL to companies in the past when services fail or products didn't turn out as advertised, and Micro$oft will join a growing list of MORALLY REPREHENSIBLE COMPANIES that make sure the user agrees not to ATTEMPT RETRIBUTION in the event of SOMETHING MORALLY REPREHENSIBLE.

Instead, users will be asked to try and IGNORE the issue AMORALLY with THE COMPANY IN QUESTION ACTING MORALLY REPREHENSIBLY, and if that fails, then the only other options will be PARTIAL ARBITRATION or FUND-SUCKING BUREAUCRATIC RUN-AROUND in a small claims court. Micro$oft says that change was already made to its Xbox Live service several months ago, and will be PIGEON-HOLING the new POLICY TO AVOID MORAL REPREHENSIBILITY to more products in the future. The US Supreme Court ruled in 2011 that MORALLY REPREHENSIBLE COMPANIES could include such STIPULATIONS TO BYPASS MORAL REPREHENSIBILITY in their user agreements.

The company goes on to say that there will be "UNILATERALLY ECONOMICAL BRIBES" offered to customers to MISDIRECT MORAL REPREHENSIBILITY, and if arbitration is needed, Micro$oft's process will be "among the most EGREGIOUS in the country". Attorney fees will not only be covered, but also doubled, provided they're "NOT UNILATERALLY FISCALLY DAMAGING TO MICRO$OFT", and Micro$oft says the whole SCAM should allow quick RED HERRINGS and fast PACIFICATION."

In reply to an earlier post on May 28, 2012 9:31:13 AM PDT
My point is that last year the media was actively encouraging people to opt out with sites like Giant Bomb providing letter templates. I think the media is going to be much more quiet this time.

http://www.giantbomb.com/news/sonys-asking-you-to-waive-your-rights-but-you-have-options/3674/

http://arstechnica.com/gaming/2011/09/mandatory-ps3-update-removes-right-to-join-in-a-class-action-lawsuit/

http://www.1up.com/news/class-action-lawsuit-filed-sony-tos

http://gamasutra.com/view/news/37387/Controversial_Supreme_Court_Ruling_Fueled_Sonys_TOS_Changes.php

http://m.ign.com/articles/2011/09/21/how-to-opt-out-of-sonys-class-action-waiver

In reply to an earlier post on May 28, 2012 9:33:50 AM PDT
McAwesomeo says:
Yes they did, then they probably realized how utterly pervasive that clause is. What was hilarious is that even Ars Technica requires you to agree to a TOS that prohibits class action lawsuits in order to comment on their article about opting out of a class action lawsuit clause.

The main reason it was being actively encouraged in my opinion was the timing. This was not long after the PSN hacking and was the next (or close to next) update after they were finally online. Had they not been hacked I don't think there would've been any coverage.

In reply to an earlier post on May 28, 2012 9:35:04 AM PDT
Sisyphus says:
Hilarious South Park episode about Kyle not reading the terms and conditions for iTunes. If you really care, google is your friend.

Posted on May 28, 2012 9:35:38 AM PDT
So the dispute is basically because their EULA says you can't sue them if they lose your personal information or whatever? I don't see the big deal here, really. VISA has zero liability fraud protection and you can call and cancel your credit card if it has been compromised. Why spend money on a lawsuit? Lol. I think people are blowing this thing waaay out of proportion. Just be a healthy online user. Make unique passwords for each log-in, use an email address specifically for gaming that is seperate from your personal email.

I think the whole PSN thing cost me about five minutes of my time and I got some games free in the deal. <shrugs>

In reply to an earlier post on May 28, 2012 9:37:26 AM PDT
Last edited by the author on May 28, 2012 9:37:46 AM PDT
McAwesomeo says:
GameStation users gave up their souls. It's pretty funny what people agree to, actually.

http://www.geek.com/articles/games/gamestation-eula-collects-7500-souls-from-unsuspecting-customers-20100416/
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This discussion

Discussion in:  Video Games forum
Participants:  9
Total posts:  17
Initial post:  May 28, 2012
Latest post:  May 28, 2012

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