Why The Texans Are Probably Going To Lose
Many might have heard about the lawsuit surrounding the interruption or slowing of Xbox Live service due to the massive number of subscribers over the holiday season. Three Texans filed a class-action suit against Microsoft for damages of $5 million. Sadly enough these three probably weren’t thinking ahead and didn’t bother to read over the ‘user agreement‘ they likely just ignored when initially signing up (not that I can say I blame them, I never read those things either). Here are a couple parts that are likely to shoot their case in the foot:
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.
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 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
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.
There are some ‘ifs’ and ‘buts’ in the contract that may allow the suit to go forward depending on laws in Texas, but it seems like Microsoft got everyone to accept that yes, the system might not be working now and then. Sadly they have to build something into a contract like that. Many point out escalating violence, rampant sexuality and ‘deviant lifestyles’ as the biggest problem with our country, but I have a different opinion. We’ve fallen prey to entitled whiny spoiled brats who think everything should be available to them 24/7. If I go home and my internet service is down for a few hours, I just shrug and grab a book off the shelf or pop in a movie. Sure, if it’s down for a couple days, I’ll get on the phone to my ISP, but lawsuits are the furthest thing from my mind.