Newest Xbox 360 Update Prevents Class Actions Suits Against Microsoft

Kavonde

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Absolutionis said:
I guess you people really enjoy your ignorant knee-jerk reactions.

Note that you can still sue. You just can't make it class-action.
If you have the money to hire a lawyer or the legal expertise to represent yourself against Microsoft's army of lawyers, yes. If your goal is the acquisition of money from Microsoft/Sony/whoever rather than punishing them for poor or illegal practices, yes.

Class action suits are one of the few ways average citizens can fight against abuses by corporations. This kind of thing is Bad, capital B.
 

MysticToast

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Ghengis John said:
MysticToast said:
As a Sony customer, this fills me with giddiness
Translation:

"A herp derp. A herp derp derpa derpa herp derp durr."

Sony and Electronic Arts enacted similar policies in its terms of service just this past September, primarily in an attempt to mitigate the impact of large lawsuits, such as the one that followed the massive breach of security Sony's PlayStation Network that cost Sony billions of dollars.
Way of the world, the smuggest people are the most ignorant.
Oh look, someone else didn't get my post. Holy crap sometimes I wonder about this site....
 

Worgen

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Absolutionis said:
People need to realize this isn't a bad thing. If something terrible happens, you can still sue. The issue is that you simply can't jump on a class-action lawsuit bandwagon where in the end you'll get $0.10 and the lawyer gets millions.
So its not a bad thing that companies can remove your rights just by having a click though legal form? You do realize the only reason microsoft even recognized the red ring thing was class action suits, if it wasn't for that they would have done everything they could to just keep everything on the down low and probably ignored the problem.
 

Ghengis John

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MysticToast said:
Oh look, someone else didn't get my post. Holy crap sometimes I wonder about this site....
Oh look, nobody "got" your post. Sometimes I wonder why people can't fess up to their mistakes instead of trying and failing to cover them up.

MysticToast said:
Umm.... Sony has already done this. That was the point of my post
See the thing is most people find it hard to believe that you're tickled pink about having your rights limited. If it's true you are an odd duck indeed.
 

Something Amyss

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Absolutionis said:
People need to realize this isn't a bad thing. If something terrible happens, you can still sue. The issue is that you simply can't jump on a class-action lawsuit bandwagon where in the end you'll get $0.10 and the lawyer gets millions.
Reduction to private arbitration is not a good thing. It does not benefit you in the long run.

Of course, with that kind of distorted view of a "class action lawsuit," it's little wonder one would think closed to arbitration was a good thing.

Worgen said:
I cant wait till this shit is really challanged in court, I doubt it will really stand up but it if does, then.... bad things.
It was challenged with AT&T or Apple. some company that starts with an A. It was after that challenge that other companies jumped on...So....

Absolutionis said:
I guess you people really enjoy your ignorant knee-jerk reactions.

Note that you can still sue. You just can't make it class-action.
Or public. You keep leaving that part out.
 

Dastardly

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WMDogma said:
Newest Xbox 360 Update Prevents Class Actions Suits Against Microsoft
They'll keep doing this until we finally understand the situation is, "Agree with this or don't play," and we finally say, "Oh! Okay, we won't play."

But people won't, because everyone is bulletproof. We take the convenience over the assurance that we're being treated fairly as consumers. I'm hoping that a case comes up in which courts say, "No. You still can't use an agreement to get people to sign away their rights." But if it doesn't, people will still line up for the abuse.
 

MysticToast

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Ghengis John said:
MysticToast said:
Oh look, someone else didn't get my post. Holy crap sometimes I wonder about this site....
Oh look, nobody "got" your post. Sometimes I wonder why people can't fess up to their mistakes instead of trying and failing to cover them up.

MysticToast said:
Umm.... Sony has already done this. That was the point of my post
See the thing is most people find it hard to believe that you're tickled pink about having your rights limited. If it's true you are an odd duck indeed.
I'm thoroughly insulted you think I made a mistake and am "trying and failing to cover it up". I knew full well Sony had done this first. All I was doing was making a snide comment. Yeah, I can admit that.
 

spartan231490

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It's not that bad. Just means you can't sue them over their service, I personally don't find that to be too much of a problem since I consider the mere idea of suing a company because they didn't provide adequate video game services to be ludicrous. It seems pretty clear that you could still sue them if you somehow managed to be hurt by their products, which is all that anyone really needs.
 

Worgen

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Zachary Amaranth said:
Absolutionis said:
People need to realize this isn't a bad thing. If something terrible happens, you can still sue. The issue is that you simply can't jump on a class-action lawsuit bandwagon where in the end you'll get $0.10 and the lawyer gets millions.
Reduction to private arbitration is not a good thing. It does not benefit you in the long run.

Of course, with that kind of distorted view of a "class action lawsuit," it's little wonder one would think closed to arbitration was a good thing.

Worgen said:
I cant wait till this shit is really challanged in court, I doubt it will really stand up but it if does, then.... bad things.
It was challenged with AT&T or Apple. some company that starts with an A. It was after that challenge that other companies jumped on...So....

Absolutionis said:
I guess you people really enjoy your ignorant knee-jerk reactions.

Note that you can still sue. You just can't make it class-action.
Or public. You keep leaving that part out.
I thought it was a supreme court ruling that allowed companies to pull something weird like this but it wasn't directly challenged.
 
Apr 28, 2008
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Absolutionis said:
I guess you people really enjoy your ignorant knee-jerk reactions.

Note that you can still sue. You just can't make it class-action.
Yeah... no they can't. Well they technically can, but damn near nobody has the amount of money required to sue Microsoft all on their own.
 

Ghengis John

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MysticToast said:
I'm thoroughly insulted you think I made a mistake and am "trying and failing to cover it up". I knew full well Sony had done this first. All I was doing was making a snide comment. Yeah, I can admit that.
Sorry. See the thing is on the internet it's hard to tell the real morons from the people pretending to be morons. Real morons being in no short supply. That said, in light of your "sense of humor line" I get you were only trying to look like someone who was victoriously clueless. But the thing is we don't know you so we assume the worst. You have my apologies toast wizard. Sincerely. And on an added note, it was in retrospect funny. We just have to know it's not truly what you think for it to be so. And your joke was so... realistic?
 

MysticToast

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Ghengis John said:
MysticToast said:
I'm thoroughly insulted you think I made a mistake and am "trying and failing to cover it up". I knew full well Sony had done this first. All I was doing was making a snide comment. Yeah, I can admit that.
Sorry. See the thing is on the internet it's hard to tell the real morons from the people pretending to be morons. Real morons being in no short supply. That said, in light of your "sense of humor line" I get you were only trying to look like someone who was victoriously clueless. But the thing is we don't know you so we assume the worst. You have my apologies toast wizard. Sincerely. And on an added note, it was in retrospect funny. We just have to know it's not truly what you think for it to be so. And your joke was so... realistic?
I appreciate this. I knew the Escapists were a decent people.

And yeah, I could have expanded on my joke a little bit more, I just figured most people here would catch it. I'm not a comedy writer or anything.
 

Kopikatsu

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Capitano Segnaposto said:
Avaholic03 said:
MysticToast said:
As a Sony customer, this fills me with giddiness
Why? It establishes a precident. Won't be long for every other company to follow suit, including Sony.
Nah, Sony did it first.

These things really piss me off, that is why I use my friend's name/address so I can still sue if need be :p

That isn't illegal if he allows me to right?
It's illegal to falsify information, so...yes. It is illegal.

Dastardly said:
WMDogma said:
Newest Xbox 360 Update Prevents Class Actions Suits Against Microsoft
They'll keep doing this until we finally understand the situation is, "Agree with this or don't play," and we finally say, "Oh! Okay, we won't play."

But people won't, because everyone is bulletproof. We take the convenience over the assurance that we're being treated fairly as consumers. I'm hoping that a case comes up in which courts say, "No. You still can't use an agreement to get people to sign away their rights." But if it doesn't, people will still line up for the abuse.
Laws preventing people from making stupid choices? Pff. Like that'll happen. We need the gene pool thinned out some, anyway.


uppitycracker said:
Avaholic03 said:
MysticToast said:
As a Sony customer, this fills me with giddiness
Why? It establishes a precident. Won't be long for every other company to follow suit, including Sony.

Sony already did, months ago.

ZeZZZZevy said:
I actually read through the whole thing, and it said later in section 18 that if this practice is found to be illegal most of the section is rescinded. Wasn't this already ruled legal or is this just some random legal thing they have to throw in?
I think it's just a random legal thing thrown in. I can't really see this as being legal practice. EULA's often times throw in things that will never hold up in court. Pretty sure this is one of those things.

And on to the bigger picture. The thing I see here is, a really horrible turn in the wrong direction. Those lawsuits have practically forced companies to maintain fair business practices and make drastic improvements on their services that otherwise they would not have had the motivation to do. This is precisely what is wrong with our country and why shit is rolling downhill so damn fast: nobody wants to be accountable for their actions anymore.
The reason so many companies are updating their EULA to include 'You can't bring a class action lawsuit against us' is because it was ruled legal by the Supreme Court. Such is life.

Non-Americans have been claiming that their laws prevent Sony/Microsoft/whoever from doing this, but they seem to be doing it anyway.

Such is life.
 
Apr 28, 2008
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Dastardly said:
WMDogma said:
Newest Xbox 360 Update Prevents Class Actions Suits Against Microsoft
They'll keep doing this until we finally understand the situation is, "Agree with this or don't play," and we finally say, "Oh! Okay, we won't play."

But people won't, because everyone is bulletproof. We take the convenience over the assurance that we're being treated fairly as consumers. I'm hoping that a case comes up in which courts say, "No. You still can't use an agreement to get people to sign away their rights." But if it doesn't, people will still line up for the abuse.
Even worse, many gamers will actually defend these practices.
 

Ghengis John

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MysticToast said:
I appreciate this. I knew the Escapists were a decent people.

And yeah, I could have expanded on my joke a little bit more, I just figured most people here would catch it. I'm not a comedy writer or anything.
Well I'm happy you seem to have accepted it. Not everyone is decent enough to do that. For my part it's never my intention to ruin anyone's day. Especially when they don't go looking for it. I hate having my own parade rained on for no good reason. So I feel bad if I do it to anyone else.
 

Roserari

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Microsoft already adjusted their customer support reply: "Piss off. What are you going to do, sue us? HAHAHAHAHAHAHAHA"
 

NLS

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[/quote]
Absolutionis said:
I guess you people really enjoy your ignorant knee-jerk reactions.

Note that you can still sue. You just can't make it class-action.
I guess nobody actually read your first post or the OP for that matter :\ Which is a shame, because cases like this get blown out of proportions all the time because people need to rage.
 

ph0b0s123

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What I want to know, is if this is a choice between giving up a right or your Xbox becoming useless, where is the redress. If I don't want to give this right away, where is a refund for the now useless hardware and software I purchased. Microsoft and others are changing the nature of the contract between us, so they should be liable for the change making our consoles useless.

I think there should be a class action about these companies removing our right to have a class actions, under duress. The duress being sign this or your Xbox becomes a paper weight. I think this is another case of law and justice not being mutually exclusive