Xbox One terms of service prevent class-action suits

Microsoft confirms consumers restricted from partaking in class-action lawsuits against the company over next-generation platform.

By agreeing to the Xbox One terms of service, consumers will waive their right to launch a class-action lawsuit against the company, Microsoft has confirmed.

"Terms include binding arbitration with class-action waiver to resolve disputes," a new Xbox One policy document reads.

Microsoft originally updated its Xbox Live terms of service in October 2011 to forbid class-action suits. Today's news is confirmation that the policy will remain in place going forward.

Microsoft is not the only major game maker to forbid class-action lawsuits. Sony's PlayStation terms of service restrict gamers from suing the company en masse, while Valve also blocks class-action suits.

It is unclear if Sony has updated its terms of service with the PlayStation 4 launching this year. A company representative had not responded to a request for comment.

Written By

Eddie Makuch is a news editor at GameSpot, and is a big UCONN athletics fan.

Want the latest news about Titanfall?

Titanfall

Titanfall

Discussion

2393 comments
MVan86
MVan86

So MS copies Sony in this anti-consumer policy... and everyone forgets Sony did it first and keeps hating MS.


...Starting to think a lot of this is about "who" rather than "what".

June-GS
June-GS

And THAT is why the PC will always be the best platform for us gamers. Or at the very least, the most free. Even Valve's mighty Steam cannot force these ridiculous oppressive terms upon me. I can simply say, hell no! And y'all should too.

infidel22
infidel22

lol more bs from the famed US MS

SeannTHEsheep
SeannTHEsheep

heres a theory. What if when you buy a game for the XBOX ONE , the game ISNT ON THE DISC? what if the game is just stored on the cloud and all you do is activate it with a $60 game disc and it installs from the cloud onto your console. hence the reason why you have to deactivate it from your account when you sell it because the disc is actually empty.

sexyeyes79
sexyeyes79

Dude: You know what's really cool guys?

Other Dudes: What?

Dude: Not being able to play your games whenever you want.

Other Dudes: What the hell is wrong with this guy?

Other Dudes: Are you on drugs?

Dude: No!

Other Dudes:  Well maybe you should be!

jenovaschilld
jenovaschilld

The above terms of service forbidding lawsuits are weak and non-binding. It would be like making an automobile, have you sign a contract preventing lawsuits, and then trying to stop lawsuits when the new car is a rollover king. Law of the land, supersedes any future contract trying to prevent it. 

If say MS Xone implements tech that tries to over ride 'first use law' then a class action lawsuit will surely arise, unfortunately, it will probably end in a settlement rather then change in business practices. 

SpicaAntares
SpicaAntares

It doesn't matter what terms of service any of them make for the simple reason that the law supersedes any of them. Any terms of service in conflict with the law becomes null and void in any court of justice and can be easily overturned.

ExcaliburEdge
ExcaliburEdge

Looks like Xboxers will have to wear their suits without any class.

ddogbritt16
ddogbritt16

If your friend is playing and he thinks they should be sued and he hasent accepted the terms and conditions then can't he sue them


Merseyak
Merseyak

haha oh this is good i bet sometime next year there will be something on the news XBOX STOPS  MURDERER or CATCHES DRUG DEALER within the hour a fire burns atop your local hill and all the people who actually bought this joke in a box lined up to throw there xbox on it lol

blue_shift_91
blue_shift_91

lol. why are fanboys on here bashing microsoft for something almost every media company uses? so much random, unrelated crap.

waggs
waggs

Don't get XBoned.  Think outside the box.

DaGamer24-7
DaGamer24-7

Im pretty sure they are stressing this since they are prolly helping the NSA by placing a camera in everyone's living room (no need for hackers anymore when they can just tune in lol)

CyDidley
CyDidley

This isn't new news.  Why is this being brought to everyone's attention now?

blown503
blown503

You can still sue them if they cause harm, and I do believe mental stress is a type of harm that courts have allowed!

sexyeyes79
sexyeyes79

To all the people who think that owning what you buy is an archaic concept, post your addresses so that we, the people that do believe in CONSUMER RIGHTS, can come take all your shit from you and leave you with nothing.  You obviously don't want to own anything, so cough up the addresses and belongings.

MViiSionz
MViiSionz

those lucky fools at microsoft. if it weren't for those terms of service.

bushferret
bushferret

The asinine banter being thrown around about Xbox one is indicative and reflective of the playstation demographic, childish.

Foppe
Foppe

Microsoft is smart enough to try covering their asses from getting sued?
You don't say!

Romangelo
Romangelo

what is class-action lawsuit?

andrerichards
andrerichards

@MVan86  Sony never had pervasive Red Rings/Dots of Death, consoles that scratch disks and various system updates that brick their consoles. Do the math, and stop being a knee-jerk defensive fanboy. Yeah, it's all about who, all right... but that who in question has a history of notoriously poor customer service and shoddy quality.

wilson336
wilson336

@jenovaschilld Agreed. Even if you sign an agreement, if you can show the other party is grossly negligent, or breaches their side of the agreement, you can successfully sue...Of course, with a company as big as Microsoft, often the bad press is more damaging than successful lawsuits.

Kingfish1982
Kingfish1982

@blue_shift_91 Not to mention Sony does the same thing.  You can tell easily in the comments who didn't read the whole article.

Kingfish1982
Kingfish1982

@waggs Did you read the whole article?  Sony has and will likely be doing the same thing.

yearssomuch
yearssomuch

@CyDidley Because we're in the middle of a console war, and GameSpot knows this is fanboy bait. Plain and simple.

hatieshorrer
hatieshorrer

@blown503  

But this way each person has to hire their own lawyer and most people dont have that money.

valknight
valknight

@sexyeyes79 It's not archaic.. its just not what you think. Next time you turn on your dvd player and watch those starting credits there is a EULA. Every time you install a program on your computer, there is a EULA. Every time you DL a CD THERE IS A EULA.. EULA (End User License Agreement) pretty much states that you are only renting the product on the cd and that any kind of manipulation voids all warranties, is against the law, and voids your purchase of the product!  If you don't think i'm accurate and think your precious sony is so great go look up the scandal where the BRICKED PEOPLES COMPUTERS if they ripped and burned CD's. I believe it was 2-3 years ago now. 

borsook
borsook

@mario-nin-freak I don't know about the USA but here in EU it actually is. This clause has no effect, as it is against the law.

yearssomuch
yearssomuch

@bushferret Haha, someone hit up Google for some big words. But hey, you gotta do what you gotta do to make the Sony crowd look bad, right?

rice2555
rice2555

@bushferret Just because you can use a thesaurus doesn't make you smart, but rather just proves your own childishness.

MViiSionz
MViiSionz

@Romangeloa form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued.

valknight
valknight

@Romangelo it's pretty much when someone is upset at the way that something was done, but microsoft and sony and nintendo have put in their EULA's  (End User License Agreements) that by purchasing and playing their console you waive the right to sue them. (Smart on their part, cause even if they win a lawsuit it costs them money). 

sexyeyes79
sexyeyes79

@valknight @sexyeyes79  

See who said anything about copying or ripping anything?  I bought MY copy, I will USE it WHENEVER I WANT.  Manipulation?  LoL.  Way off base there huh?

borsook
borsook

@BillJr106 @Foppe So? Does it make the statement about Microsoft untrue? And yes, indeed, buying for either of those two companies is a mistake.

kingliono
kingliono

You can sue as an individual, you can not sue as a group. This policy basically prevents lawyers from rounding up thousands of people where the individual damage may be small, say the price of a game or console repair, but en mas the lawyers can seek millions and make a big payday for them selves. If the Xbox one burns down your house due to melt down, you can still sue MS.

borsook
borsook

@valknight @sexyeyes79 Why do you think that everybody who condemns what Microsoft does likes Sony? I dislike the practices of both companies equally, but this article is about Microsoft...

sexyeyes79
sexyeyes79

@Dissentioncc @sexyeyes79 @valknight  

It's a joke anymore, how easily people let themselves be brainwashed and manipulated into what to think and feel.  Going about like programmed mindless robots while professing freewill.  My social graces are going out the window along with peoples brains and if they want to be ignorant fools, they will be treated like it.  These people would rather have swelled egos instead of swallowing their pride and having real knowledge and wisdom.

Dissentioncc
Dissentioncc

@sexyeyes79 @valknight It's the idiot's rebuttal. No one ever claimed to own the rights to the actual content as far as copying, distributing, and selling more than just the one you purchased. People are fucking stupid and it's causing the downfall of the entertainment industry. I don't own my copy he says? Pfft, take it from my hands mother fucker is what I say.

sexyeyes79
sexyeyes79

@valknight@sexyeyes79 

This is what you said:

"Every time you install a program on your computer, there is a EULA. Every time you DL a CD THERE IS A EULA.. EULA (End User License Agreement) pretty much states that you are only renting the product on the cd and that any kind of manipulation voids all warranties, is against the law, and voids your purchase of the product"

I never mentioned copying any discs, but you do.  Then you deny it and say "you guys".  I am for consumer rights, If Sony or any other company for that matter wants to take my rights away to own something I legally bought, they can take a hike too.

valknight
valknight

@sexyeyes79 @valknight no if you read what i said I said that sony is as bad as microsoft, that you guys are blind if you dotn see it. 

valknight
valknight

@kingliono thanks for the clarification.. I couldn't put it into words correctly.