Major Nelson Muffled: Microsoft Can’t Legally Discuss Xbox Live Issues

1. Scott Davis on January 14, 2008 10:58 am

   i can see the whole breach of contract thing a bit reasonable…but how can they justify wanting $5 million? :S

2. bob on January 15, 2008 9:42 am

   Well they did make over $500′000′000 last year from Xbox live in Subscriptions only it’s most likely a lot more than that. Will they tell us how much they did make????
   I think not.
   May be they should have spent a few $ on some new servers

3. Krispy Demon on January 16, 2008 1:44 pm

   16. WE MAKE NO WARRANTY
   We provide the Service “as-is,” “with all faults” and “as available.” The Microsoft Parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

   17. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
   You can recover from the Microsoft Parties only direct damages up to an amount equal to your Service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
   This limitation applies to:
   -any matter related to the Service,
   -any matter related to content (including code) on third party Internet sites, third party programs or third party conduct,
   -any matter related to viruses or other disabling features that affect your access to or use of the Service,
   -any matter related to incompatibility between the Service and other services, software and hardware,
   -any matter related to delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Service in an accurate or timely manner, and
   -claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
   It also applies even if:
   -this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
   -Microsoft knew or should have known about the possibility of damages.
   Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.

   Just thought I’d share. I guess if it’s enough people getting together to sue for their subscription money back, that might fly. I mean, I’m no lawyer, but the above seems to pretty much keep Microsoft in the free and clear.

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