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XBox (Games)

Modded Xbox Bans Prompt EFF Warning About Terms of Service 254

Last month we discussed news that Microsoft had banned hundreds of thousands of Xbox users for using modified consoles. The Electronic Frontier Foundation has now pointed to this round of bans as a prime example of the power given to providers of online services through 'Terms of Service' and other usage agreements. "No matter how much we rely on them to get on with our everyday lives, access to online services — like email, social networking sites, and (wait for it) online gaming — can never be guaranteed. ... he who writes the TOS makes the rules, and when it comes to enforcing them, the service provider often behaves as though it is also the judge, jury and executioner. ... While the mass ban provides a useful illustration of their danger, these terms can be found in nearly all TOS agreements for all kinds of services. There have been virtually no legal challenges to these kinds of arbitrary termination clauses, but we imagine this will be a growth area for lawyers."
Censorship

Submission + - A&P sues brothers over YouTube video 1

im_mac writes: Supermarket chain A&P has sued two brothers for $1million after they posted a parody entitled "Produce Paradise" on YouTube. The video "prompted at least one complaint by a 'disgusted and distressed' customer who said she will no longer shop at A&P thanks to the 'repulsive acts' in the video. Though how they knew it was A&P is questionable since the brothers took care not to feature any A&P logos or mention it in their lyrics. Trying to get $1million out of a couple of college students whose source of income was working at A&P until they were fired, might be rather difficult. More info is also posted on the pair's website: FakeLaugh, including their belief that the complaint that brought the video to the management's attention was prompted by some sort of personal vendetta.

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