After a sudden delay, Xbox users finally have access to the new update. However, it seems that something else was sneaked in that might have caused the delay in the first place. 

Microsoft has apparently added their own version of the controversial anti-lawsuit clause into their Terms of Service for Xbox Live. Like the other cases before it, the clause prevents users from taking part in class action lawsuits, instead requiring that any "disputes" be filed using the appropriate form and sent in for them to either look at and respond, or simply to throw in the trash. 

The actual method of filing those disputes is the same as well, requiring the client to mail a PHYSICAL form to Microsoft to settle any issues that rise up. What is NOT the same, however, is that there apparently isn't an opt out option available to users. As reported by Kotaku (yes, they do sometimes do actual reporting once in a blue moon), users will be required to abide by the new terms, with no method of getting out of it. As if these clauses aren't bullsh*t enough as it is.

This act puts them on the same list as Sony and Electronic Arts, both of which also use the clause to prevent themselves from getting sued. Microsoft apparently has a lengthy court history, and this measure is likely a step to help counteract that instead of, you know, not doing the things that keep getting them into court in the first place. 

It is worth noting that, depending on what state you live in, these clauses are considered illegal. Illinois is one of those states, with Ohio and New Mexico currently looking into the matter. Still, one can only hope that it will be a matter of time before all 50 states find the act illegal, and strike it down thusly. 


3 Comments for this post.
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The image pretty much says it all...

[Mandifesto] @ 2:48:41 PM Dec 7, 2011
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From what I have read on the subject this clause doesn't prevent legal action, but rather forces people to go through arbitration before they file suit.  And as many people are saying, it's sort of like the "no shirt, no shoes, no service" sign in a restaurant and isn't legally binding.  In fact the EU did not receive this ToS update since it's against European Union law.  In other words: Nothing to see here, move along.

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Art was right. I didn't have to read the article. Just looked at the picture and it all clicked. Good job!

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