[newsimage]http://static.rankone.nl/images_posts/2011/12/VdRzxP.jpg[/newsimage]This week Microsoft debuted the newest iteration of the Xbox 360 Dashboard and along with that came a new Terms of Service (Tos) agreement. In that ToS Microsoft has put in a clause requiring you to agree to neutral arbitration of all disputes. That means you can't just drag Microsoft into court. Read the full article here: [http://www.myce.com/news/microsofts-newest-xbox-tos-says-you-cant-sue-them-55543/](http://www.myce.com/news/microsofts-newest-xbox-tos-says-you-cant-sue-them-55543/) Please note that the reactions from the complete site will be synched below.
So, real-world scenario, there’s no difference between the Sony and Microsoft terms of service. Unless you’re the one person in the world who reads the terms of service to find that particular clause in the first place, or that you can opt out of the Sony one. I remember not long ago, reading about one company (don’t remember which, or if it turned out to be true) had actually put in a clause whereby the user agreed to give up the rights to their first born child. No one reads those things and every company on Earth knows it.
IANAL but IIRC these EULA’s and TOS’s can’t override laws that are already on the books when it comes to customer rights. Meaning that as much as M$ or $ony want to weasel out of being liable for anything, they can still be pinned down by existing laws.
I could be wrong of course but I’ve heard of this before.