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Forums - Microsoft - What Can We All Learn from the Xbox Live Banning of ‘Pound Her Stank’?

Antabus said:
...

Is that a fact or just your opinion?


Opinion.

Maybe consumer law is just stronger in the UK than US though, because I actually can't imagine an outcome where the judge concedes that some rude names are enough to stop people controlling the games they own.

It is a fact that Terms of Service do not always stand up as legal contracts and that certain terms can be ruled unreasonable.



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Soleron said:
Antabus said:
...

Is that a fact or just your opinion?


Opinion.

Maybe consumer law is just stronger in the UK than US though, because I actually can't imagine an outcome where the judge concedes that some rude names are enough to stop people controlling the games they own.

It is a fact that Terms of Service do not always stand up as legal contracts and that certain terms can be ruled unreasonable.

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.



loves2splooge said:
Antabus said:
Soleron said:

I understand the ban, but can they really take games you've paid for away from you forever for mere TOS violations?

Yes they can, just like many other dd-services. :P

Hehe, don't you just love digitial distribution? You don't basically own anything anymore. That's how the gaming industry likes it.

Just noticed this. I think I've made it pretty clear how much I love DD-services. ;P



Jackass deserved it.

 

Though as a compromise I think MS should let him back on Live, but with a gamertag that THEY choose for him, like "My_Pretty_Pony"  or something..



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.

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.



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Soleron said:
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.

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.

No, you don't buy them.

If you buy something, you own it. Not just the rights to use the thing you bought. Like, you could sell the product you have bought. People's stupidity does not make rental a sold game.

I actually mailed Valve and they said that I can't sell the games. Heck, they told me that I can't even sell my account. How is that owning something when in actuality all you have is the right to use the product? Tell me, please?



What a moron, Shows you how immature people really can be!

I bet he played Call of Duty....



@Soleron 

You are right, don't listen to Tony_stark. He could potentially transfer the games from console to console, but MS's crap DRM prevents the full version from being played. It would revert back to a demo on any console that it wasn't downloaded on(until the person transfers the license, whihc he wouldn't be able to do) 

It's a horrid system that I would love to see MS thrown into court for. If you buy the games they should be yours... no more of this purchasing license things >___> 

Edit: Wrong poster xD 



Sig thanks to Saber! :D 

dsister said:

@Soleron 

You are right, don't listen to Tony_stark. He could potentially transfer the games from console to console, but MS's crap DRM prevents the full version from being played. It would revert back to a demo on any console that it wasn't downloaded on(until the person transfers the license, whihc he wouldn't be able to do) 

It's a horrid system that I would love to see MS thrown into court for. If you buy the games they should be yours... no more of this purchasing license things >___> 

Edit: Wrong poster xD 


Wrong again, Liscense can be transferred, it is a sucky process, but it can be done. And this guy can do it if he can prove he purchased the games.

Anyway, If you buy music or movies, it should be yours...no more of this purchasing license things >___>



"with great power, comes great responsibility."

Tony_Stark said:

Wrong again, Liscense can be transferred, it is a sucky process, but it can be done. And this guy can do it if he can prove he purchased the games.

Anyway, If you buy music or movies, it should be yours...no more of this purchasing license things >___>


Wrong again? When was I wrong the first time? And where was I wrong exactly? I said you can transfer the license, I know from experience 

Unless MS has changed it they made you log onto Live to do it. Something you can't do if you are banned. 



Sig thanks to Saber! :D