Xbox Owner Sues Microsoft for $500 Billion (Yes, Billion)

[Isan]

I hope Microsoft pay him the $500 Billion, but in Microsoft Points.

It would be so funny if they deposited 4 Quadrillion Microsoft Points, that's 40000000000000 non transferable Microsoft Points, into his account, then terminated his account as he requested.

this.


Stuff the legal posturing, just do this. Biggest middle finger ever.

 

[BonGookKumBop]

The problem is that it is one thing for a business that is offering a service to say, "to continue to accept our service you have to accept the conditions under which we choose to offer it." It is very different for the person receiving the service to say, "to continue to offer your service you have to accept the conditions I set for you to offer it." That's like insisting that the waiter tip you, or you're not going to accept the plate he brings.

 

[MurderousToaster]

Oh, so he's employing the old playground tactic.

"IF YOU DON'T SAY NO IN TWO SECONDS YOU'RE GAY ONETWO."

 

[alandavidson]

I don't think he's a troll, and here's why.

Legally, he has a good case. If he had not set a $500 billion lawsuit it would have been feasible for him to win.

But this case is more about the legal precedent that it sets. Unilateral contract amendment with default acceptance clauses will be a thing of the past he loses.

And I hope that he loses. And I think that he's hoping the same thing.

He's not a troll, he's a brilliant legal mind.

 

[Craazhy]

I'm not sure how I feel about this. I love the idea that a malevolent, all-consuming titan finally got theirs from the type of people they oppress with the exact same tactics. On the other hand, I am a consumer of the innovations that companies like Microsoft bring us.

So if I want to have things like integrity, I should side with the dude.

If I want the next Xbox not to suck ass, I should hope he loses.

Well, the quarter I flipped says I want Mass Effect 6 to not look like Minecraft, so apparently fuck that dude.

 

[artanis_neravar]

I don't think he's a troll, and here's why.

Legally, he has a good case. If he had not set a $500 billion lawsuit it would have been feasible for him to win.

But this case is more about the legal precedent that it sets. Unilateral contract amendment with default acceptance clauses will be a thing of the past he loses.

And I hope that he loses. And I think that he's hoping the same thing.

He's not a troll, he's a brilliant legal mind.

I am fairly certain that there is not default acceptance in contract law. Although if you could find something to the contrary I would gladly read it.

 

[direkiller]

This guy is going to get crushed, if it even makes it that far.

*EDIT*
Also, his attempt at this is completely useless. In the laws of court he cannot just default him to winning like that, and if anything Microsoft are liable to sue back.

He actually made a pretty good move with the whole 'ammended terms', as that is completely legal. It's called the "last shot" move in contract law and has actually passed in courts. However its the "Stebbins would win the case by default if Microsoft failed to respond within 24 hours" that is his undoing.
I think the relevant case is 'Re: Move' wherein it's stated that the person making an offer cannot proclaim a decision based on the recievers non-action. Kind of like 'if you don't respond by X I'll consider this sold'.

So yeah, he's going to fail. Good try though.

He isint trying to win the case(at least i hope he isint)

he is trying to get EULA addendum that are consider accepted by in-action tossed out. So when his case fails agreements between banks and game companys cannot be changed without your permmison(rather then your perseeved permmision based on in-action and continued use of the service)

odds are its gonna amount to nothing then him getting sued for frivolousness lawsutes but it is a funny idea

 

[solidstatemind]

I don't think he's a troll, and here's why.

Legally, he has a good case. If he had not set a $500 billion lawsuit it would have been feasible for him to win.

But this case is more about the legal precedent that it sets. Unilateral contract amendment with default acceptance clauses will be a thing of the past he loses.

And I hope that he loses. And I think that he's hoping the same thing.

He's not a troll, he's a brilliant legal mind.

You're being sarcastic I hope? No, he doesn't have a case, and no he isn't "a brilliant legal mind". If this tactic could be employed, do you not think that one of the thousands and thousands of lawyers out there who actually have their Juris Doctorate would have tried it by now?

A lot of the reasons why he doesn't have a case are covered above, but one that may have not been mentioned yet is that individuals do not have the right serve notice of legal action in the state of Washington. Notice of legal action must be made through the courts in order for it to be legal and binding-- which makes sense, because if it weren't, you know that people would be going door-to-door handing out lawsuits with the same bullshit "dispute within 24 hours or you owe me a million dollars".

No, similar to a subpoena, an acting agent of the court (usually the clerk) has to give a notice of action to a proper representative of the defendant in order for it to meet the bar of legality.

What this guy did is basically a legal version of MadLibs (probably dating myself with that reference): he took several legal concepts that he liked, and tried to throw them together to create a scenario he liked. Unfortunately, the law usually isn't that malleable.

This probably won't even make it to court, since he doesn't want to strain his printer. Sorry, bud, but if you don't fill out the paperwork and provide your supporting documents, the Court doesn't even know your issue exists.

 

[purgetheweak]

I hope he gets counter-sued for everything.

 

[Verlander]

Spoiler: Previous Convo

Kinda sounds like a dick. Sorry, but I have no time for fools like this. Of course he won't win anything, no one will take this twat seriously.

Sure, but he isn't trying to be any greater a dick than MS or any other corporation that pulls this same exact BS on their consumers. That's like saying a rape victim is a dick if she tries raping her attacker right back. Most gamers are willing to bend over and take whatever crap the corporations are willing to give, I'm glad there's one who figured out how to give it right back. I'm sure he wont get what he's asking for but I hope he wins something.

And besides, what's $500Bil to MS?

Over five times what they own? Actually, thats a great example of an interesting Mathematical anomoly in humans that I've been writing about, which goes that the more distant the number from the person (in this case large sums of money) the less we can differentiate. Someone immediately would know the difference between £1 and £5, but less people acknowledge the difference between, say, a millionaire and billionaire, despite the fact that the poorest billionaire is a thousand times richer than the poorest millionaire. In this case, Microsoft own roughly $100 Billion in assets, and so suing them for five times that is pretty damn ridiculous.

Anyway, I digress. I agree that big corporations are arseholes, but I don't believe that an act is acceptable if it's done in revenge. Raping someone because you've been raped isn't right, nor is murder for murder sake. Remember, stuff like Sept 11th was based in revenge as well, but it doesn't make up for the massive losses of life on either side of that situation.

Those are the words of someone who?s never been raped. I?ve never been either. However if someone who was raped felt the only way they could feel better about it was raping that person who did it (not just random people) back, I certainly wouldn?t stop her... Or him for that matter. There?s a difference between that and the person becoming a random serial rapist afterwards; that?s not even a fine line.
I was being sarcastic about 500B being a drop in the bucket for them but I know what you mean and the reason people make less of a distinction is because there is such a drastic difference between how much the richest 2% own, and how much (pretty much) everyone else owns. We?re talking about a huge gap and it keeps getting bigger every year. So that amount of money is way beyond most people?s frame of reference. That?s another reason to like this guy, someone out there trying to force the economics to trickle down because as much as the politicians would have you believe that they spread the wealth on their own (and to be fair a few of them do), most don?t unless they have to.

We're going to have to agree to disagree on the rape part. I think that last thing any rape victim wants is to rape someone themselves, but it's probably not the best comparison. Being robbed might be a better one? Either way, I get your point, but I don't like this dudes methods.

 

[Skyy High]

F***ing stupid. No, not even as a "lulz they're assholes too!!!" joke. MS _can_ change the terms of service, because they're providing the service. The customer has no basis whatsoever for modifying the terms of service. Further, "they didn't respond, ergo I win" is not the same as "I didn't read it, therefore I shouldn't have to be bound by it". Inane ToS contracts should be met with boycotts if the companies in question ever try to do anything ridiculous with them, not meaningless acts like this that just muddy the debate by making people laugh at a troll.

 

[Madskull]

Best case scenario for this guy is to settle for something like a couple hundred dollars.. even though he has a point, it's not the kind of point that is worth 500 billion dollars. If I were Microsoft, I would humor him and give him some money so the guy can keep his dignity or whatever he has

 

[emeraldrafael]

I assume they havent respond yet (or if they did it took them as long as it did) because Bill Gates and the like of the company didnt/havent stopped laughing yet.

Also, i like his 24 hour forfeit clause. Reminds me of big Daddy when Julian is playing "I Win". And its nice to see that he had his high horse ready by saying it would put undue strain on his printer. But then again, maybe he only prints on gold leaf paper with ink made from crushed sapphires.

Honestly, Microsoft should just cancel it and say piss off, but I want to see this conitnue, just cause it would be HILARIOUS.

 

[Lvl 64 Klutz]

Why the hell do this to Microsoft? If you're going to make a point about unilateral changes to ToS, pick any of the dick-wad credit companies out there. They're the ones who are really screwing customers over with surprise contract changes.

 

[Krantos]

I don't really think he's being a dick about it. He's trying to prove a point. What he's doing is ridiculous, because that's how he sees the way companies treat people. If he was serious, I doubt he would have asked for that much.



More power to him.

 

[DexterNorgam]

Ugh. This guy should be drug into the streets and beaten. Everything about what he's done here is fail.

 

[mattaui]

I could write the last words of Abdul Alhazred, the Mad Arab of Lovecraft's Necronomicon, in Sharpie on a dirty sock and file it with my local court as long as I paid the filing fee. I could say that it was evidence in a suit that I had filed against The Elder Gods to force them to raise me to their level. I could even talk to the press about it and make some lame comment about how I was just trying to prove a point because corporations are evil and I'm just so clever.

This guy is a troll of the worst kind, and he's no better than anyone else who files a frivolous lawsuit for specious reasons. He's not sharp enough to understand how he entered into an agreement with Microsoft that spells out very clearly what can and can't be done. If you hate these sorts of agreements so much, don't enter them. He's in no danger of 'winning' this case anymore than I'd be in danger of ascending to the dark and terrible secrets of the Mythos using my own example.

 

[Cid Silverwing]

If this doesn't bankrupt the big corporate monster, nothing will.

Also I don't care if it's a troll, M$ is an acceptable target even for Nazis. Yes, we crossed the Godzilla Threshold when Halo became the scourge of FPSes.

 

[DexterNorgam]

If this doesn't bankrupt the big corporate monster, nothing will.

Also I don't care if it's a troll, M$ is an acceptable target even for Nazis. Yes, we crossed the Godzilla Threshold when Halo became the scourge of FPSes.

Fail.

Your dislike of Halo really has nothing to do with the illegitimacy of this suit.