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  Arkansas man attempts to sue Microsoft for quite a lot of money :D 
 
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Rhort Aug 22, 2011, 07:15am EDT Reply - Quote - Report Abuse
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An Arkansas man is trying to get Microsoft to pay him $500 billion after he tried to amend his Xbox Live contract with the company and was ignored when he asked for legal arbitration.

With a motion filed Monday in federal court in Seattle, gamer David Stebbins is trying to confirm the exorbitant arbitration award from Microsoft. Representing himself, he spends much of his filing explaining in legalese why the district court cannot nullify the $500 billion payment.

Here’s how it happened. As a user of Xbox Live, Microsoft’s online network for the Xbox 360 gaming console, Stebbins entered into a contract with Microsoft. Since such a contract is binding on both Microsoft and an Xbox Live user, Stebbins decided to try something radical.

On May 6, he “submitted a notice” to Microsoft that he was “unilaterally amending the terms of service,” and if Microsoft did not terminate his Xbox Live membership, such changes would take effect in 10 days. Microsoft did not terminate his membership, Stebbins says, so he argues Microsoft accepted the new contract through inaction.

As he points out, companies often employ the same strategy with consumers. For example, if a company notifies a customer of a change in service contract terms, it can be assumed that the customer agreed to the new terms by continuing to use the service, Stebbins argues.

So, after Microsoft “agreed” to the new contract, Stebbins says, on May 18 he invited the company to arbitrate a legal dispute in which he claimed $500 billion in damages. He says that he included in his notice a “forfeit victory clause,” which stated that if Microsoft didn’t respond within 24 hours, Stebbins would automatically win.

“As you probably guessed,” Stebbins wrote in his motion, “the Defendants did not accept the invitation to arbitrate within 24 hours of receiving it. Therefore, I automatically won on May 19, 2011, per the forfeit victory clause.”

He argues Microsoft now owes him $500 billion.

Microsoft declined to comment


Full Article: http://blog.seattlepi.com/microsoft/2011/08/19/xbox-live-user-...0-billion/


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Reason   Aug 22, 2011, 12:58pm EDT Reply - Quote - Report Abuse
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>> Re: Arkansas man attempts to sue Microsoft for quite a lot of money :D
Interesting idea. Sounds like it may have a somewhat sound legal base, i'd be interested to see what the courts think.

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john albrich Aug 22, 2011, 06:34pm EDT Reply - Quote - Report Abuse
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Edited: Aug 22, 2011, 06:53pm EDT

 
>> Re: Arkansas man attempts to sue Microsoft for quite a lot of money :D
.
Many contracts have a "who can modify the contract" clause. If the licensee is not on the list, or is specifically excluded then it's a no-go.

For example, many licenses/contracts have a clause that says in effect that the contract is absolute. NO ONE other than an "authorized" agent of the company can make at any time, any other representation in speech or in writing to change the terms. (i.e. even if a Microsoft employee tells you DIFFERENT information on how you can use the operating system (e.g. tells you it's "OK" to move your OEM Operating System to another computer), what he/she told you is MEANINGLESS whether it was over the phone, online (email/chat/forum/etc), or hardcopy. So IF you violate the terms of the license/contract based on what you were "told", Microsoft can still come after you. And remember, most companies usually reserve the right to modify the contract at any time and without individual notification. So even IF an employee told you something and even IF it was deemed binding, it may be superceded by a later "formal" Microsoft revision of the license and blow your case away anyway.)

Contract law differs from state to state however, so it could be interesting.

Many companies incorporate in Delaware for its tax structuring and its strong laws that tend to favor corporations.

http://www.microsoft.com/investor/InvestorServices/FAQ/default.aspx
"Microsoft was incorporated in the state of Washington on June 25, 1981; reincorporated in the state of Delaware on September 19, 1986; and reincorporated in the state of Washington on November 1, 1993."



edit:
added the "For example..." paragraph

Jon Bailey Aug 22, 2011, 07:54pm EDT Reply - Quote - Report Abuse
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>> Re: Arkansas man attempts to sue Microsoft for quite a lot of money :D
LOL, this guy is nuts, obviously he didnt read the 'provider of service' clause in the contract which stipulates that only the service provider can issue or alter the contract which he has agreed to.... microsoft could happily counter sue.

"The world is a temple to the self, and these days, there's alot of believers"
john albrich Aug 22, 2011, 11:15pm EDT Reply - Quote - Report Abuse
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>> Re: Arkansas man attempts to sue Microsoft for quite a lot of money :D

I tend to agree, but courts also have been acting squirrely. In some states, certain "standard" contract clauses are illegal/unenforceable. Warranties come to mind in particular. Some states allow limitations as per contract, other states say "No, such limitations void the contract in whole or in part". Most contracts are written that if one part is ruled unenforceable in court, it does NOT render other parts of the contract unenforceable.

In the current political climate, I could see some west coast court trying to "legislate from the bench" and change contract law by saying something like, "Disallowing mutual renegotiation of a contract is unfair and unenforceable. Provided sufficient notice is provided, every party must have equal power to renegotiate any contract in good faith, blah, blah, blah."

Jon Bailey said:
LOL, this guy is nuts, obviously he didnt read the 'provider of service' clause in the contract which stipulates that only the service provider can issue or alter the contract which he has agreed to.... microsoft could happily counter sue.


Reason   Aug 23, 2011, 12:21am EDT Reply - Quote - Report Abuse
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>> Re: Arkansas man attempts to sue Microsoft for quite a lot of money :D
john albrich said:
.
Many contracts have a "who can modify the contract" clause. If the licensee is not on the list, or is specifically excluded then it's a no-go.


from the full article:
And there’s the rub. (Well, it’s one of the rubs.) In its Xbox Live terms and conditions, Microsoft clearly states that it will not accept notices by email. Though Stebbins says his contract offer was a different thing altogether.

However, nowhere do the terms state that an Xbox Live customer cannot attempt to change the contract. The contract explains that Microsoft is not liable for damages worth more than one month’s Xbox Live fee (or about $5 – an Xbox Live Gold subscription costs $60 a year), nor for any claims related to the contract.



[...] And remember, most companies usually reserve the right to modify the contract at any time and without individual notification. So even IF an employee told you something and even IF it was deemed binding[...]

...which is exactly what this gentleman is doing. I don't think, nor do I want, that he will win $500B, but I do like the idea of, "no, f**k YOU, I'm going by the letter of the contract."

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Meats_Of_Evil Aug 23, 2011, 02:12am EDT Reply - Quote - Report Abuse
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>> Re: Arkansas man attempts to sue Microsoft for quite a lot of money :D
It's refreshing to see some people trying to be "smart" to prove a point but he will only loose money in the end.

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Everything I write is Sarcasm.
Rhort Aug 23, 2011, 04:49am EDT Reply - Quote - Report Abuse
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>> .
The point I took from this was that he wasn't really expecting to take US$500Bn but that he was attempting to highlight the disparity between the rights of the individual and the rights of the organisation, where often the individual has terms and conditions foisted upon them with no apparent recourse. Unfortunately, I think this will just lead to a tightening up of the contracts and EULA that everyone is forced to agree to before using products or services. Nice idea though.

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Sean Costello Aug 23, 2011, 09:35am EDT Reply - Quote - Report Abuse
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>> Re: Arkansas man attempts to sue Microsoft for quite a lot of money :D
This is actually pretty damn funny hahaha.

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Meats_Of_Evil Aug 23, 2011, 01:33pm EDT Reply - Quote - Report Abuse
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>> Re: Arkansas man attempts to sue Microsoft for quite a lot of money :D
Hmm... a thought just stumbled into my head. What if this case gets to a judge in court and the judge is an extreme Apple fanboy and he wants to end microsoft once and for all, or what if Apple manages o buy all judges? :O


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john albrich Aug 23, 2011, 11:10pm EDT Reply - Quote - Report Abuse
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>> Re: Arkansas man attempts to sue Microsoft for quite a lot of money :D
Meats_Of_Evil said:
Hmm... a thought just stumbled into my head. What if this case gets to a judge in court and the judge is an extreme Apple fanboy and he wants to end microsoft once and for all, or what if Apple manages o buy all judges? :O


Suggesting there are corrupt judges? Next you'll be telling us we can't trust our politicians!

Shame on you for posting such an accusation...

I "see something", and by golly I'm gonna say something...to She who must not be named.




;)


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