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Zekkyou on 14 December 2017
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DonFerrari said:
Zekkyou said:

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.

The way the disclaimer is but doesn't make it at all not get to that extreme, the way it's written and could be interpreted is full protection against any shenanigans, and that is why I said all the burden was on the customer and that is why on court it would probably be reversed if MS didn't take all the steps they can to release the game.

If people were able to earn the full 60USD back from things like MP on KZ using temporary frames to hit "1080p" with 60fps on MP then how would one not expect that they not delivering the game wouldn't generate lawsuits and wins from buyers?

Also if you launch a MP game and shut the server 6 months after you would probably face legal issues, while shutting after 5 years is less likely to generate you problems.

You're digging way too deep into this. It's a disclaimer, not an in-depth legal document. Just because you can interpret it one way, doesn't mean that is the intention. Even if MS were planning to give you universal life-time guaranteed protection from the actions of every single independent developer ever (lol), they'd still include that disclaimer because what kind of dipshit company wouldn't provide themselves with that potential flexibility? Emphasis on 'potential'.

Go look at a game on the PlayStation store. Most games have multiple disclaimers, including one which explicitly states it's a "One-time license fee". Just because that technically implies they can do all kinds of messed up things, doesn't mean they're actually planning to do so. It's there to provide them potential flexibility, and the extra 1% of protection they might one day need.