Antabus said:
That was a rhetorical question.
But anyway. If you have agreed on the terms of the service, you obviously have agreed on the possible sanctions. Why are you talking about owned games when we are discussing DD-services(xbl,gfwl,steam,psn etc)?
You don't own those games, you have rented them for a while. You have absolutely no control on those games. If you don't follow the rules set by the renter, they can and will terminate your rent.
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It wasn't a rhetorical question, because If I was, say, a lawyer I would have linked to the relevant laws and precedent. I'm obviously not, but it would certainly be possible to determine the truth by doing so.
You don't rent XBLA games. You buy them. If I asked a million XBL customers what they did for their games, they'd say they bought them.I don't care what the TOS says, people would simply not buy those games at those prices if it was advertised as a rental service where MS can take away your games at any time for any reason in the TOS (which they change regularly).
Sure, if you break the XBL rules, you can't use the online part of the service. That's fair enough, it's their service. But digital distribution is advertised to people as equivalent to a game disc in terms of rights and freedoms, and that's what people expected when they handed over the money. If Nintendo took all my VC games off me for saying swear words on Wii Speak, that would be an abuse of position too, because I bought the VC games in expectation that I would keep them forever.
Do you rent Steam games? Really? Should I email Valve and ask them? I'm prety sure they'd say I bought the game.