Xbox 360 has an online market place where you can buy games and download them to your hard drive, they're yours just as if your bought a physical copy. I bought the game about 1.5 years ago and I bought it contingent on it being an Xbox Live capable game, meaning I can play against others online. The game was sold in the Xbox live category and being able to play others was a major selling point for my purchase. The game was Ultimate Mortal Kombat 3 for xbox live.
In Feb 2010, Microsoft somehow lost all the rights to Midway titles they were selling on the xbox live marketplace. Midway is a game developer and offered about 5 different games for purchase on the Xbox Live marketplace, mortal kombat being one of them.
"As of February 2010, the game can not be downloaded as it was removed from Xbox LIVE Arcade due to "publisher evolving rights and permissions".
Microsoft has done nothing to compensate millions of users who have purchased these games. You can still play the game offline, however, the xbox live aspect (online play) has been disabled for all Midway games. I bought this game contingent on being able to play other users, even though I still have offline play, I download games action 2010feel I and millions of others users should be refunded their money as the promise of online play was not met, due to "publisher evolving rights and permissions".
Do you think Microsoft's mistake has merit for a class action lawsuit as I can say with certainty it's affected hundreds of thousands if not millions of users who legally own the game?
You did it the honest way, and lost. Now try the 'dishonest' way, and download a bootleg of the game with a crack code, and play online my friend! Yaaaay!
You need to work on that argument. You never OWN the game. You own a piece of plastic and silicone and the RIGHTS to use said game under licensing terms. With on-line games, you never OWN the content, but just the RIGHTS to use said contents under licensing terms.
No. I don't think you can have a law suit against them, for the simple fact that what ever happened with the software and it's contract has been complicated. It's beyond their power.
The only one that breached any contract was the seller of the game. if your contract provided that it could be used on a certain box, and always would be able to use it on that box, and the seller has not breached, your complaint isdownload games action 2010 with the seller of the game. On the other hand, if you paid a fee and used the game once, there probably was no breach. Next time, negotiate a lifetime use clause. It might cost you a few million dollars more, but that was not your question.
I am sorry to hear that your live game privileges have been denied. But you must not have read the “fine print” for your purchase of the game itself. All Xbox live games are subject to change with out notice, especially due to the shared privilege rights Xbox owned with Midway. You may try a class action, as long as you understand that you have to have the other patrons of this game in a large number to be accepted. However, I would be compelled to say that this class action attempt will fail on the merits of the aforementioned fine print. If you decide to go through with it, I send all hopes of luck in your endeavors.
I bet if you read the End User License Agreement or the Terms of Service for either that Mortal Kombat game or Xbox live, you will find the answer to your question.
I mean, you agree to those things so you won't sue them when stuff like this happens dude.
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