[PKFFW]

Originally Posted by DawnFalcon

They are. They're being called pirates. The mainstream press isn't interested. And the private screaming hasn't yet really started because people are still waiting for the results of appeals (Which are going to take a few weeks, apparently). Are you sure you'd start screaming before you'd appealed? (I wouldn't).

I've never seen a mainstream media outlet yet that has passed up the opportunity to sling some mud at MS or Bill Gates.

Originally Posted by DawnFalcon

deltop - And there are "automatically unfair" terms in the T&C's for Live (plain language and transparancy, 1(d), 1(f), 1(g), 1(i), 1(j), 1(k), 1(m), 1(o),arguably 1(p),1(q), also Unfair enforcement powers, Excluding the customer's right to assign, Exclusions and reservations of special rights, not to mention the seperate issue of multiple breaches of the distance selling regulations on issues such as refunds (a token currency itself is not a service) and information on "durable mediums" - the latter being silly for internet sales, but still the law!).

Please cite where the T&C's you list have been ruled "automatically unfair".

Or is that just your opinion since it hasn't been resolved in court?

Originally Posted by DawnFalcon

You're also still not differentiating between a complaint to the ASA and a civil action. A complaint to the ASA could only lead to the adverts being blocked, yes. Civil action can lead to unfair terms being set aside or revised.

Again, please show where a Civil action that rules certain T&C's are invalid will automatically result in MS being ordered to allow all Xbox owners free access to Xbox live without any obligation to abide by the remaining T&C's.

Originally Posted by DawnFalcon

And if Activision want to cut the industry's throat, yes. But they're not, and neither are EA - they both take a fairly pragmatic view towards piracy. They've refused to tread in the realm of lawsuits (unlike music and games) and are invested in largely pirate-proof enterprises like social gaming and MMO's. Oh, they're certainly not perfect - EA occasionally use DRM on PC games (and see the sales sink), and ATVI-B are still making sweeping claims regardling online rights, but they are in general still trying.

But surely if MS is screwing over the ENTIRE games industry it would behoove EA and Activision to make some noise about it? I mean if they stand by and allow MS to screw over the ENTIRE games industry without making any noise about it then their businesses will go belly up as they are part of said industry?

Originally Posted by DawnFalcon

Trampling on customer's rights is not a good basis for a good ongoing relationship between you and they. If you want them to pay and keep on paying, you need trust.

Trust is a two way street. In your fantasy land it would seem only MS have to do the right thing and not the users of Xbox live.

Originally Posted by DawnFalcon

Also, did someone hear a troll muttering? Yea...

Calling me a troll when your entire argument is based on evidence from private forums and secret societies that you are unwilling to share with anyone else!

Cheers,
PKFFW