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Originally Posted by Sonist
Ah, but many a EULA provision has been invalidated based on "a good argument." In a court of law. That's the whole point.
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But this one hasn't so arguing as if it has seems slightly illogical to me.
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Originally Posted by Sonist
It's a balance. And I'd be surprised, if MS doesn't get sued over this, and settle.
It really was a stupid move, kind of like Amazon's deletion of content was, a few months ago.
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Stupid move or not I don't see MS getting sued over this and if they are I certainly don't think they will be settling.
Why? Two reasons....
1: Because the Xbox and the Xbox live service are two different products
2: Because the T&C's clearly state if you mod your Xbox you will be banned. There is nothing illegal about those T&C's. MS are not saying you may not mod your Xbox. MS are not taking away any of your rights.
At worst MS may be guilty of false advertising if someone can argue there is a clear and unambiguous assertion by MS in their advertising that purchase of an Xbox confers some sort of right to access Xbox live without any obligation to abide by the T&C's. Somehow I don't see that argument getting up in court unless the ads MS use truly are so remarkably different in the UK than elsewhere.
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Originally Posted by Sonist
And just curious, what exactly are you arguing for? Some weird form of a "free market," where seller/provider terms make law, without any consumer protection, and I suppose, without anti-trust scheme?
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Not at all. I'm simply arguing that purchase of an Xbox does not confer the right to access the Xbox live service. It especially does not confer the right to do so without any obligation to abide by the T&C's. An Xbox is a physical product. With it comes the
ability but not the
right to access the Xbox live service. The Xbox live service is an added benefit that comes with its own fee and T&C's.
Cheers,
PKFFW