Xbox One - Does it breach EU consumer rights?

aileth

meeshpeesh wrote: »

Not to mention that with this subscription service (unlike the Xbox Gold membership) they give subcribers tons of free games that you have access to for as long as you subscribe. They'll be giving away free* (*except for the sub fee) games for the PS3, PS Vita and PS4. You basically have an entire games collection (a diverse one too) at your fingertips for under £40 a year. They've been doing this for almost a year now and I've been subsrcibed to it for a little under that, it has introduced me to some amazing indie games and a lot of blockbuster ones too. Some of these were games I would never have played if they hadn't have been handed to me for free, and I would've missed out! So they're not only paying to play online (to improve the servers as you've mentioned) but they're paying for access to tons of games and extra content too

I'm very much a PlayStation fangirl, but loyalty goes both ways. If Sony had treated us (their customers) how MS have treated theirs, I'd be leaving PlayStation behind for good.

You can't beat for how Playstation Plus has been with the free games. In fact, it's so good Microsoft have now decided to implement similar onto Live Gold :rotfl:

Exile_geordie

Was just reading more about this and the PS4.

Sony have said that they won't stop you from reselling games but 3rd party publishers, I.e the like of EA, can should they so wish, put the exact same restrictions on reselling as MS are doing.

So do you really think they won't do the same?

frugal_mike

Exile_geordie wrote: »

Was just reading more about this and the PS4.

Sony have said that they won't stop you from reselling games but 3rd party publishers, I.e the like of EA, can should they so wish, put the exact same restrictions on reselling as MS are doing.

So do you really think they won't do the same?

I think what Sony mean is that the PS4 won't have built in restrictions, but if a 3rd party publisher wants they can build their own restrictions. E.A already did this on current gen machines (if you bought an E.A game second hand you couldn't play online without paying E.A a one-off fee), so that is no different to any of the current gen machines. It is a world away from a system where I can't let my friend borrow one of my games though.

If individual publishers want to do that fair enough, they will be boycotted by many. I certainly didn't buy any E.A games with that restriction. I think I read recently that they have decided to abandon that system, so I assume that it must have reduced revenue (which many people here have predicted will happen if the second hand market is restricted).

But yes, I am taking Sony's announcements with a pinch of salt. I will wait and see what happens after launch. I'm certainly under no illusions that Sony are 'on the side of the gamer', they will do whatever they think will make them the most money in the long run.

fin7

frugal_mike wrote: »

I've had this happen with a few of my xbox 360 games (for online play). They released a new game, old game was switched off. For online play its annoying, but for offline play its unacceptable.

Is this what they do? The reason I ask is my daughter bought an Xbox with her Xmas money and a couple of games, one being one of the halo games. She's been saying that she's played the game a couple of times but now it won't let her, she says it will only play the intro.


Fin

frugal_mike

fin7 wrote: »

Is this what they do? The reason I ask is my daughter bought an Xbox with her Xmas money and a couple of games, one being one of the halo games. She's been saying that she's played the game a couple of times but now it won't let her, she says it will only play the intro.


Fin

It's not common as far as I know, but one of my games switched off the online match servers when the new game came out (a football game). It sounds like your daughter is having trouble playing offline though? The xbox 360 doesn't do anything to stop you playing offline, so perhaps there is something wrong? Maybe post a question on the techie forum...

Buzzsaw

bris wrote: »

When you buy a game you buy a personal licence for you and you only, just like MS office and tens of thousands of other software packages.

All MS are doing is making it so you cant share you game, nothing illegal, although because of the way games were played on discs before they haven't been able to do it in the past.

If the EU was to make it illegal they would have to make all software the same, thats never going to happen.

with software you don't have to be online to use it & Microsoft not just stops you from resale, which you could do with any software if you sell your hard drive or computer. So yes it gives them too much control over your property & clearly points out although you bought it, you have no rights as a consumer. I'd like to know if you can take the games back for a refund, cause it sounds like that basic right is gone also.

frugal_mike

Buzzsaw wrote: »

with software you don't have to be online to use it & Microsoft not just stops you from resale, which you could do with any software if you sell your hard drive or computer. So yes it gives them too much control over your property & clearly points out although you bought it, you have no rights as a consumer. I'd like to know if you can take the games back for a refund, cause it sounds like that basic right is gone also.

You don't generally have a basic right for a refund for anything.

If you bought in person from a shop then you have no rights for a refund due to change of mind. Any refund a shop offers is above and beyond your legal rights. You will however have full protection from the Sale of Goods Act, so if the game is faulty you will be able to go back to the retailer for a remedy.

If you bought at a distance then the Distance Selling Regulations will apply too, and you can cancel within 7 working days of delivery of the product for a full refund. Normally under DSR you are allowed to inspect the product (i.e open it and use it before cancelling), but the DSR specifically exempts sealed software that has been opened by the consumer. If you open the game or keep it longer than 7 working days before cancelling then you have no right for a refund under DSR.

If you download a game then the DSR won't apply if you agree that the download can begin immediately, this waiving your seven working day cancellation period.

The above will all still apply to xbox one. The only real change I can think of is that second hand game sales will not be possible to return which changes your current rights under DSR. They will probably be declared exempt from DSR because they involve the transfer of an ephemeral key, and will be similar to a software download.

sweetstudent

Well I will not be buying a XBOX One, I suppose i'm too attached to my PS3.

Although part of me feels that this is some very clever marketing by MS. Firstly by releasing all of these restrictions, getting the public to talk about it, stirring up media coverage and then just before the launch date they can do a big press release saying how they have listened to consumer feedback!

And even if MS don't capitulate to the gamers, wont they have to have to pay a royalty fee for each game and Xbox that is sold which in turn will go to Sony?