Updated Microsoft EULA prohibits class action lawsuits

Shawn Knight

TechSpot Staff
Staff member
Microsoft is following in the footsteps of several other large corporations by adding a clause to their end-user license agreements that will prevent individuals from filing class-action lawsuits against them....

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viperfl

TS Enthusiast
Your only limited to a certain amount in small claims court and arbitration don't usually favor the victim. Microsoft would cut down there losses considerably by doing this. On the other hand, in a class action lawsuit, the victims get very little while the lawyers make out big time. In the end, the victims lose either way.
 

Wendig0

TechSpot Paladin
Did SONY not do something similar recently?
You would know for sure if you had taken the time to read the article.

Sony released a mandatory update for the PlayStation 3 in September that included a similar clause while EA's Origin did the same thing a few weeks later. Microsoft even made changes to their Xbox Live EULA in December to prevent class-action suits. GeekWire highlights that the four largest US wireless carriers have all adopted the practice while pointing out that they weren't able to find the clause in the terms of service agreements for Apple or Google.
 
G

Guest

Perhaps that Supreme Court ruling should be repealed. Not that I am a fan of lawyers making loads of money but it removes a avenue of holding a big corporation responsible for misdeeds...
 

tonylukac

TS Evangelist
I thought there was a recent ruling that said eulas are not the word of god and can be invalid in courts. Realize that eulas are not laws and don't have to be followed.
 

Scshadow

TS Evangelist
<p>I thought there was a recent ruling that said eulas are not the word of god and can be invalid in courts. Realize that eulas are not laws and don't have to be followed.</p>
I dunno what dream world you're living in, but the only way you aren't bound to an agreement is if its unlawful. These anti class action lawsuit clauses are deemed legal by the supreme court so its legally binding.
 

killeriii

TS Enthusiast
1. eulas are not law.
2. clicking a mouse button does not always bind you by law.
3. there's no witness to the act.

sort of seems like the issue with holding people lawfully accountable to their IP addresses.

In the end, money talks.
 
G

Guest

ohh too bad for MS and all other companies that this kind of clause doesnt work against the consumer law at my country...well, keep trying MS ...
 
G

Guest

Agreed with the above comment, it is akin to a shop keeper saying no refunds with sign out the front of their store.

It isn't the law and it is only to discourage ppl from trying, when I see this type of stupidity I tend to think what are they scared of that they resort to such lamented practices.
 
J

Jibberish18

I don't think this should EVER be allowed to happen under the law and their should be a law preventing this from happening, BUT I do think that CAL's today can get ridiculous as their are lawyers who would love to take the chance to sue a huge corporation. I mean Apple got sued for Siri....wtf? I mean really, their have been automobiles that have almost killed people in the past let alone features that thousands of people didn't like and people didn't sue and that's on a $15k+ product but everyone wants to sue Apple for a $700 phone?
 

rrplay

TS Rookie
yeah that is why the wordsmithy lawyers can charge the big bucks writing these Eulas up, with "By clicking on the submit you agree to these terms and conditions" along with the "terms and conditions of this agreement are subject to change at any time" .Some of this is also with health care too ,with a signature that may be required before a surgical procedure stating that you are not going to file suit or hold the doctor or office liable in the case something goes wrong. ...yeah right !!!

The brainwashing continues ...oh well...