DonFerrari said:
Zekkyou said:
I'm highlighting the type of conditions the consumer frequently accepts (and has little ability to fight against), not creating like for like comparisons. When i buy an online game i as a consumer accept the risk it might one day be taken from me, or be updated into something i no longer like. When i buy a digital title, i accept the risks in buying something i don't actually own. When i buy an early access title, i acknowledge i'm gaining early (and often cheaper) accesses to something that's future is currently undefined.
They have delivered the product. We aren't discussing kickstarter here, when you buy an early access title you are buying an existing and playable game. People do so to gain access to a title early, help fund it, potentially shape its future, and often to get it cheaper long-term. If they're unhappy with the product in its existing state, MS offer you a short-term refund option. They have given you a choice, warned you of the long-term risks, ensured the existing product isn't going to brick your system, and have have given a short-term safety net. I've hardly been shy in my criticisms of MS in the past, but i see no issue here. If a game did go belly up and MS offered a refund, that would be nice. They're not, however, legally obligated to do so.
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If they don't put their best efforts to bring the game you can be damn sure they would have legal issues, that clause doesn't give full protection to MS to jus stop support and development a week after or anything that isn't show good will.
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Of course, but the clause isn't intended to protect MS from that kind of extreme. It's a general warning that they can't guarantee the game will be finished (it's not even theirs), and that the game can change over time. It protects them if, for example, in 2 years time a big update releases that changes the game into something someone dislikes. It's a step of distance placed between MS and the developer's long-term actions.
I personally expect MS would offer refunds even in the above example, but they're not going to put themselves in a situation that obligates them to. That disclaimer gives them some potential flexibility.
