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DonFerrari said:

Well there are some level of drops that people that doesn't concern over it won't even notice. Same with pixel count or other details, but considering a game that have a lot it is strange to not notice it... this is like people pretending bethesda games aren't full of issues.

Zekkyou said:

Eh, i disagree. It's down to the consumer to balance the risks and rewards of investing in an early access title, not MS's (outside of their general duty of care, such as ensuring a game won't brick a system). 

We agree to terms like this all the time. Online games can shut down their servers whenever they want, you can be arbitrarily banned from Steam/PSN/XBL and your digital library locked away, games can be updated into something you no longer like, etc. At least MS have made the disclaimer clear.

Sorry to inform you that those EULA are almost always unlawfull and can be neglected at court. Also no consumers shouldn't need to outbet the developer on the developer game. Putting it this way, anyone could say their game is an early access and after collecting the money never deliver anything.

That's not really relevant. Remember when Sony was stopped from taking GT5's servers offline, or when a company was legally forced to roll back an unpopular game update? Nope, me neither.

And what's to stop them just saying 'this is now released'? The only practical solution to your problem is for no one to be given the choice at all, which would be silly. Many clearly want the option, and those that don't (more often than not myself included) are free to not buy the game. I'm personally not fond of enforcing my preferences on others.