RegisterHomeNewsForumsArticlesDownloadsSearchContact usChat
Already a member? Sign in.


Reply
[ Home / Forums / News ]  
Microsoft's New User Agreement Bans Class Action Lawsuits
Old 29 May 2012, 20:10   #1
Site Staff

Posts: 12,421
CPU: Intel Core i7-965
GPU: GeForce GTX 560 Ti
M/B: Intel DX58SO
RAM: 6GB of A-DATA
PSU: X-Spice 630w
Microsoft has jumped aboard the 'you can't sue me' bandwagon. The company's assistant general counsel has issued the following announcement: "We rely on user agreements that ask consumers to read and accept before using our products and services. We revise and update these agreements over time. This post discusses a change we have begun making as we update user agreements across our consumer products and services.

When a customer in the United States has a dispute about a Microsoft product or service, many of our new user agreements will require that, if we can't informally resolve the dispute, the customer bring the claim in small claims court or arbitration, but not as part of a class action lawsuit.

Many companies (Sony, Electronic Arts) have adopted this approach, which the US Supreme Court permitted in a case it decided in 2011. We made this change to our terms of use for Xbox Live several months ago, and we will implement similar changes in user agreements for other products and services in the coming months as we roll out major licensing, hardware or software releases and updates.

We think this is the right approach for both Microsoft and our US customers. Our policy gives Microsoft powerful incentives to resolve any dispute to the customer's satisfaction before it gets to arbitration, and our arbitration provisions will be among the most generous in the country.

For instance, we permit arbitration wherever the customer lives, promptly reimburse filing fees, and, if we offer less to resolve a dispute informally than an arbitrator ultimately awards, we will pay the greater of the award or $1,000 for most products and services - plus double the customer's reasonable attorney's fees. Most important, this approach means customer complaints will be resolved promptly, and in those cases where the arbitrator agrees with the customer's position, the customer will receive generous compensation, and receive it quickly.

It's also worth noting that we have a 45-day refund policy for certain Microsoft software or hardware purchased from a retailer which provides for a full refund and reimbursement of shipping costs of up to $7.

Microsoft is proud of the products and services we offer consumers. When we do have a dispute, we commit to resolving it quickly and fairly. We believe this policy reflects that commitment."

Last edited by Regeneration; 29 May 2012 at 20:54..
Regeneration is offline  
  
Reply With Quote
Old 29 May 2012, 20:13   #2
Site Staff

Posts: 12,421
CPU: Intel Core i7-965
GPU: GeForce GTX 560 Ti
M/B: Intel DX58SO
RAM: 6GB of A-DATA
PSU: X-Spice 630w
Two slimy companies aren't "many companies".
Regeneration is offline   Reply With Quote
Old 30 May 2012, 05:33   #3
Golden Member
 

Posts: 822
CPU: i7 920@ 4.5 Ghz
GPU: xfx 5870 + 8800gt
M/B: Evga X58
RAM: Ocz DDR3 6GB
PSU: Corsair Ax 1200
(When we do have a dispute, we commit to resolving it quickly and fairly)

Right.... Isn't this unconstitutional? I don't think Microsoft has the right to tell me or anyone else that I can't file a class action lawsuit against them.
Sazabizc is offline   Reply With Quote
Old 30 May 2012, 08:46   #4
Golden Member
 

Posts: 656
CPU: Q6600 3.6Ghz
GPU: MSI GeForce GTX 560 Ti
M/B: P5Q Pro
RAM: 3x2Gb DDR2 800Mhz
PSU: OCZ 600W
It might work in America. It doesn't work in my country. In my constitution no one can make you give up your right to sue someone. How can this be possible anywhere? A corporation can't write laws, they can't override laws. What the fuck?
__________________
Where are you taking me?
Improvizor is offline   Reply With Quote
Old 30 May 2012, 09:05   #5
Site Staff

Posts: 12,421
CPU: Intel Core i7-965
GPU: GeForce GTX 560 Ti
M/B: Intel DX58SO
RAM: 6GB of A-DATA
PSU: X-Spice 630w
The US Supreme Court ruled last year that contracts are above laws.
Regeneration is offline   Reply With Quote
Old 30 May 2012, 09:21   #6
Golden Member
 

Posts: 656
CPU: Q6600 3.6Ghz
GPU: MSI GeForce GTX 560 Ti
M/B: P5Q Pro
RAM: 3x2Gb DDR2 800Mhz
PSU: OCZ 600W
Quote:
Originally Posted by Regeneration View Post
The US Supreme Court ruled last year that contracts are above laws.
That's fuckin' retarded. How can a country allow corporations to officially have more power than the fuckin' country? A contract must be in accordance to the actual law. Otherwise it's just a disaster waiting to happen.
__________________
Where are you taking me?
Improvizor is offline   Reply With Quote
Old 30 May 2012, 11:42   #7
Newbie

Posts: 23
CPU: Intel Core 2 Duo E8600
GPU: Nvidia 9800 GT
M/B: ASUS P5QL
RAM: No idea.
PSU: No idea.
Oh, so contracts are above laws?

I wonder when we'll see the oldie cartoon-like "xx Years of Slavery" small-writing contracts coming.
Of course they wouldn't be so fun if we do, since they'd be actual contracts.
Blox is offline   Reply With Quote
Old 30 May 2012, 12:29   #8
Carmen
Guest

Posts: n/a
That's how it goes with non-free (as in freedom) software, Already you have very little rights left and more get taken away each day. I'm really glad I started using only free and open source software a couple of years ago. Runs better, costs less and fully respects your rights and freedoms.
  Reply With Quote
Old 30 May 2012, 17:11   #9
Golden Member
 

Posts: 1,193
CPU: PhenomII 1100t 4.2Ghz
GPU: GeForce GTX780Ti
M/B: ASRock M3A790GXH/128M
RAM: 8GB DDR3 1600
PSU: CORSAIR GS800
Sad.
EtaYorius is offline   Reply With Quote
Old 30 May 2012, 20:31   #10
Wielder of Lionheart
 

Posts: 3,391
CPU: Intel i7 920 @ 3.8
GPU: Geforce GTX 680+ 4GB
M/B: Asus Rampage II Gene
RAM: 12GB Corsair Vengeance
PSU: Corsair HX-620
Send a message via ICQ to squall_leonhart Send a message via MSN to squall_leonhart Send a message via Yahoo to squall_leonhart
um, isn't this just making it legal to kill the president by having a contract?
__________________
squall_leonhart is offline   Reply With Quote
Reply



Thread Tools
Rate This Thread
Rate This Thread:

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts


Tags
microsoft, software, windows






All times displayed in UTC
Powered by vBulletin from vBulletin Solutions, Inc.


User Agent   Copyright 2014 NGOHQ.com - All Rights Reserved   Disclaimer