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Authored by: Gringo_ on Thursday, May 23 2013 @ 08:25 AM EDT |
This is going to go over like a lead balloon. The newest
XBox is already
controversial enough because it runs 2
operating systems on top of a hypervisor
that also supports
the game environment. Concerns are that this will impair
performance, and the OSes will consume RAM. Games will no
longer run on bare
metal.
The new XBox will run some version of Windows RT, but not
the
same as on the phone nor on the tablet. Of course this
will add new
capabilities, such as Skyping while a game is
loaded or I think watching TV
while a game is paused. On the
other hand, it will have that ugly Metro UI. [ Reply to This | Parent | # ]
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Authored by: Anonymous on Thursday, May 23 2013 @ 08:47 AM EDT |
If you buy an X-Box game at a store, you own the packaging, manuals, and media
that you carried to the register and purchased. Under U.S. law, the only rights
you have to use the software is whatever rights the copyright owners grant you
in the licensing agreement that accompanies the software.
When you first try to run the software, the installation will present you with
an End User License Agreement (EULA), to which you must agree before the program
will finish installing and let you play the video game. That EULA is a contract
in which you agree that you have no possession rights with regard to the
software. No possession, no first sale doctrine.
You can sell everything the store allowed you to carry out, but that did not
include transferable rights to use the software (beyond the first person to
install or run that copy of the software).
Yes, it stinks to high heaven, and "shrink-wrapped EULA's" have been
challenged in multiple court cases, but the courts in the U.S. have consistently
found in favor of the software publishers, and have declared EULA terms to be
enforceable.
Some countries maintain a more equitable balance between corporate and consumer
interests. I imagine we'll get some replies on that subject. =)
I am not a lawyer, and this is my layman's understanding of the current
lay-of-the-land, with respect to software EULA's. If you need an answer that
matters, consult a professional.
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Authored by: PJ on Thursday, May 23 2013 @ 01:07 PM EDT |
The terms of the sale make first sale and copyright
moot, in that you agree to the terms, which take
away some of the rights you'd otherwise have.
And the terms make clear that you are a licensee,
not a purchaser, of the software, and there is
not first sale right for a licensee.[ Reply to This | Parent | # ]
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Authored by: DannyB on Thursday, May 23 2013 @ 01:46 PM EDT |
Has this privacy issue escaped anyone's notice?
Microsoft seems
deeply concerned about you getting Scroogled because (OMG!) Gmail reads your
email. That is, a machine statistically analyzes your email in order to
calculate which ads have the highest probability of being relevant to you. OMG
-- the world is ending.
The same company that is so concerned about
your privacy is the company that:
- Is introducing a new game
console
- That console is always on utility power
- Always
connected to the internet
- Is in your living room or
bedroom
- Has a built in Kinnect camera and microphone so it can respond
to gestures and commands like "Xbox on"
Maybe Google should run an
ad?
Ah, but Apple may be the one to patent the use of such a device to
provide "remote monitoring" of what occurs in your home. Then a patent fight
will ensue.
How soon before this can be remotely hacked? Is it an
attractive target? Microsoft proudly touts that it has a Windows kernel
inside.--- The price of freedom is eternal litigation. [ Reply to This | Parent | # ]
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Authored by: Anonymous on Thursday, May 23 2013 @ 03:38 PM EDT |
I see a drop in the interest of Xbox in the future. My son has not touched his
console in about half a year, preferring to spend his free time with Minecraft.
Can't trade in old DVDs at Game Stop? See ya Xbox.
Company execs and lawyers need to try living on $50,000 a year, or less, before
doing things like this.
--
Bondfire "EULAs and patents: its time to loot the middle class"
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