@zousa81: Sure, if a clause is illegal. However, this clause isn't illegal in my view. It looks like a standard provision. Hence my point, the real question(s) are whether (a) the user is actually agreeing by the "yes" click, which I think they are, and/or (b) whether the agreement applies to the controller drift issue.
Those mandatory arbitration clauses should be illegal. How can a company remove the possibility of using the justice system?
Parties can agree to an alternative dispute resolution method. Here, the user and Microsoft are agreeing to arbitration. It's really as simple as that.
The real question is whether the user is actually agreeing by clicking "yes" on the user agreement and further (one way or the other), if the user agreement even applies to the controller. The result will be interesting.
There have been 20 years of lawsuits about user agreements. Reality is, if you click "yes" you're entering into an agreement.
I would call this "List of all the times we blew it." Quite a few stinkers:
-Total Annihilation--never went anywhere, not among RTS wonks or mainstream audience.
-Chrono Cross--Even now most people would rather play Chrono Trigger 12 times than play this once.
-Serious Sam--lol wut? I remember being baffled by this choice even 20 years ago.
-Grim Fandango--ahead of it's time, but too cultish for GOTY.
-Super Mario Galaxy over Assassin's Creed? How did that work out? *insert J Jonah Jameson laugh gif here*
-Journey! OMFG. Over Far Cry 3? Whoever made this pick should be laughed out on the industry forever.
-A Link Between worlds--completely forgettable. How did you guys miss The Last of Us that year? Not to mention GTA 5.
-HL: Alyx--Token award for not-Half-life 3. Tsushima and TLOU2 both seem to have more legs.
I will give you points for putting non-obvious ones like Demon Souls on there though.
Assassin's Creed 1 was trash. It was so disappointing after the first couple of assassinations. It was painfully repetitive and full of padding. Subsequent games were that much better. Super Mario Galaxy is an amazing game and nearly flawless in most respects.
I do agree with most of that except Half-Life Alyx. I haven't played it, but from my reading of the reviews, it finally gets VR to work in an actual game while not sacrificing the VR experience.
GTA is painfully overrated. It was a triumph when GTA III was released, but sales =/= best game of the year. For me, Uncharted is the better series vs. LOU. A Link Between Worlds, as much as I enjoyed it, I think it's a stretch it was game of year. However, 2013 was actually a pretty poor year for gaming.
Emmy award winning commentator on TNT. He's not asking to be paid, he's asking that a sum of money be donated to retired players, from most the 60s, 70s and 80s who were not getting paid anywhere near what the league minimum has been 90s onwards.
I'm sure that the movie will end up being fine. However, I wouldn't want to be the one trying to remake, redo, or even be compared to the legend that is John Candy.
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