Xbox Live Joins the Terms of Service Change Club

As you might be aware, the new Xbox dashboard update went live. If you decided to get onto the Xbox Live website, you probably had to click through a new terms of service agreement. Unbeknownst to everyone (because really, who reads that stuff?), Xbox Live’s ToS has been changed in a fashion similar to Playstation’s recent change.

The change to the ToS, like Playstation’s, stems the ordinary consumer’s ability to participate in a class action lawsuit against Microsoft. Microsoft has sent clarification that a specific page does exist where consumers can submit a dispute form, where Microsoft will work with you in resolving the claim. They even remind us we can bring claims to our local small claims court, which is where smaller disputes happen and often involve smaller ranges in money. In other words, the likely place where you’d argue why you shouldn’t have to pay $50 in backed subscription fees, as an example.

Also remember that you must agree to this change in order to keep using Xbox Live. I don’t remember PS3 owners even having a distinct choice in the matter, so that bullet point seems like a rather obvious thing to point out. Any chance to opt out is for after you agree to not sue Microsoft in a large, powerful mob of people.

You can read the specifics Microsoft has been sending to press outlets as well.

Users must agree to the new clause to the Terms of Use in order to continue using Xbox LIVE. Changes to the Terms of Use are designed to ensure that our customers have an easy way to file a dispute without requiring formal legal action. They may now bring a dispute to our attention by filling out a simple Notice of Dispute form found at www.xbox.com/noticeand mailing in documentation in support of their claim. We will then work to resolve the dispute to their satisfaction within 60 days. Any customer unsatisfied with the outcome of this informal process may easily initiate arbitration with the American Arbitration Association.

Customers may also choose to bring their claims in their local small claims court if they meet the normal jurisdictional requirements. For detailed information, please visit: http://www.xbox.com/en-US/Legal/LiveTOU.

Man, why can’t the legal system be more like Phoenix Wright: Ace Attorney?

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