Soon to be in lockers across the Mushroom Kingdom.
Princess Peach Pinup by whymeohgodwhyme
To whom it may concern at Microsoft,
I wish to object to the new terms of service set forth by the Microsoft corporation regarding the Xbox 360 Dashboard update of December 2011, which waives the right as a consumer to initiate litigation, and commence or join a class action lawsuit against the Microsoft corporation and agree to binding arbitration.
I have been a longtime fan of the Xbox, the original system was the first console that I invested my own money with, and the Xbox 360 the first video game console that I had truly purchased myself with my very first paycheck, in fact I have used my Xbox 360 so much that it now requires a lengthy ritual of reboots and disc ejections before the console can recognized the fact that there is a disc in its tray or for it to be able to identify the disc as a retail game. And this is why, as such a longtime fan, I am disappointed to see the Microsoft corporation attempt to not just skirt consumer’s rights, but to altogether attempt to make the consumer sign away their legal rights by holding one of the primary functions of the Xbox 360, the Xbox Live service, hostage. Such a maneuver is, in my view, despicable, I, as a paying subscriber to the Xbox Live service, must now sign away my consumer rights to use a service that I have paid for in advance, and while it is the Microsoft corporation’s right to do change the Terms of Service, it seems wrong to see it exercise it’s rights only to demand that the consumers surrender theirs.
Lesser companies may have issued similar contracts that deny their consumers rights, and in doing so show that they have only contempt for those who purchase their products, but for a long time I held that the Xbox division of Microsoft was a more noble beast, putting forth its own money to extend the warranty for the affront that was the RROD (Red Ring of Death) which afflicted a vast number of Xbox 360s as, not only a measure to avoid such consumer lawsuits, but also, what may have been perceived by a naive young gamer, as a gesture of good will by a company that wasn’t just out to make money, but a company that wanted to provide an amazing service for such a dedicated fan base.
While class actions may not be the best method for the consumer to receive payment for their damages, it is still the right of the consumer and has been set in place to allow for the protection of the consumer, and as such, should not have to be surrendered on the hypothetical that the service they pay for should fail to provide what they have paid for it, and dictating the means by which consumers can seek restitution is inherently wrong. Better than demanding consumers give up their rights might be to simply to hold the company and its services to such a standard that they need not have customers who feel the need to file suit against them.
I have been a proud Xbot for years now, but this demand from Microsoft makes me hang my head in shame for embracing such a label. And while I object to the new terms they have set forth, I can only hope that, with so many Xbox Live users signing that they agree, Microsoft will do its absolute best to provide its service in such a way that no class actions suits should be brought against them. Sadly, in my experience, such with affirmations of authority, rather than exemplary conduct that should be promised in exchange for consumers waiving their rights, comes a contempt for them, almost as if the new terms were a test that the consumer failed by blindly agreeing to and as such makes them only worthy of derision, exploitation and poor service to match their apparently low demands.
I can only hope to see a bigger and truly better Xbox Live service, but for the first time my fan boy illusion has truly been shattered and I see the Xbox 360 and Xbox Live, not simply as amazing sources of fun and joy, but truly as divisions, products and services of the Microsoft corporation.
I hope you will join me in contacting the Microsoft corporation and voicing you disappointment with their new Terms of Service in a way that was not shown to the other companies who chose to impose such a disrespect on their loyal consumers.
Sincerely,
Joel Paarmann
XBL: NidhoggsFang
Old Republic beta pulls in 2 million players
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