Just out of curiosity, if the XBL Marketplace TOS says “All sales are final”, presumably so Microsoft doesn’t have to give refunds, is there a reason that this doesn’t apply the other way around? I’m talking about the revoked access to the free crimson pack of course.
And just to avoid anyone telling me to cry harder or whatever, I bought the LE and this “Buy and Play” situation has no effect on me. I’m just legitimately curious because to me it seems like Microsoft is breaking their own rules because it’s convenient for them.
> Problem is -Yoink!- has an army of lawyers at their disposal who would probably find some loophole.
Lawyers don’t really matter once the fanbase makes enough of a public outcry and brings -Yoink!- out into the open with the issues.
They become more concerned with PR than legal loopholes. The trick isn’t holding them to their own rules, it’s holding them to the rules in front of everybody.
> Loophole MY -Yoink!-.
> You’re twisting words.
>
> Lets say you buy a trial. OH NO! THE SALE WAS FINAL SO I CANT GET THE TRIAL AGAIN.
>
> You got something for free. Now its being taken off you. You shouldn’t have it. You wanted bugs fixing, so let them fix it.
Those who purchased didn’t buy a ‘trial’. They bought the map pack, for 0 MSP. Nowhere in the terms of use in this purchase, or anywhere else, was it mentioned that this was a ‘trial’, until after the fact. Now YOU’RE twisting words.
> > Loophole MY -Yoink!-.
> > You’re twisting words.
> >
> > Lets say you buy a trial. OH NO! THE SALE WAS FINAL SO I CANT GET THE TRIAL AGAIN.
> >
> > You got something for free. Now its being taken off you. You shouldn’t have it. You wanted bugs fixing, so let them fix it.
>
> Those who purchased didn’t buy a ‘trial’. They bought the map pack, for 0 MSP. Nowhere in the terms of use in this purchase, or anywhere else, was it mentioned that this was a ‘trial’, until after the fact. Now YOU’RE twisting words.
Technically it isn’t even a purchase…those people payed nothing for it. A download for free from a Marketplace doesn’t count as a purchase.
If that were the case then I’ve been purchasing free Demo’s, Betas and Gamerpics.
Do you honestly think Microsoft, one of the richest companies in the world would do something like this and not have the legal knowhow to back it up?
Edit: As BRADEN OWNZ just posted about the TOS I have copy/pasted the actual area you must read.
> 2.5. What limitations apply to my access and use of Microsoft and third party content? <mark>We may disable access to Microsoft and third party content associated with your account for any reason.</mark> We may also remove or disable copies of applications on your Authorized Device in order to protect the Services, application providers, network operators or any other affected or potentially affected parties. Some content and applications, available on the Services may be unavailable from time to time or may only be offered for a limited time due to contractual or other limitations, such as the Territory of your Account. As such, you may not be able to re-download content or applications or re-stream certain content that you have purchased, for example, if you change your account to another Territory you may need to re-purchase content or applications that were available to you and paid for in your previous Territory. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any content or application previously purchased. If we receive information from the content owners indicating the date their content will be unavailable, we will try to share this information with you.
> Technically it isn’t even a purchase…those people payed nothing for it. A download for free from a Marketplace doesn’t count as a purchase.
>
> If that were the case then I’ve been purchasing free Demo’s, Betas and Gamerpics.
>
> Do you honestly think Microsoft, one of the richest companies in the world would do something like this and not have the legal knowhow to back it up?
>
>
> Edit: As BRADEN OWNZ just posted about the TOS I have copy/pasted the actual area you must read.
>
>
>
> > 2.5. What limitations apply to my access and use of Microsoft and third party content? <mark>We may disable access to Microsoft and third party content associated with your account for any reason.</mark> We may also remove or disable copies of applications on your Authorized Device in order to protect the Services, application providers, network operators or any other affected or potentially affected parties. Some content and applications, available on the Services may be unavailable from time to time or may only be offered for a limited time due to contractual or other limitations, such as the Territory of your Account. As such, you may not be able to re-download content or applications or re-stream certain content that you have purchased, for example, if you change your account to another Territory you may need to re-purchase content or applications that were available to you and paid for in your previous Territory. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any content or application previously purchased. If we receive information from the content owners indicating the date their content will be unavailable, we will try to share this information with you.
>
> Source
There’s our answer, then. As I said in another thread, this doesn’t really affect me. My only issue with this is the hilariously bad cover-up. Just come out and admit it was a mistake as opposed to insulting your customers’ intelligence. You’d have a whole lot less complaints (or at least, a better understanding from the community) when their access to the maps is revoked.
“All sales are final” in no way implies you are entitled to indefinitely keep their software after purchase. It merely implies that, under no circumstance, is Microsoft required to refund you for the purchase of a license.
You must understand, when you purchase software - any software - you are purchasing a license to use the software. In the case of the Xbox 360 platform, Microsoft makes it very clear in the terms of service that they may revoke your license for any reason they see fit.
It isn’t a loophole at all.
Also, stop saying “Microsoft” and “-Yoink!-.” It is very childish, and Microsoft tends to charge reasonable amounts for their software compared to competitors.
