Petition Closed
Petitioning Microsoft Corporation Major Nelson and 1 other

USER RIGHTS, Demand Xbox One Eliminate Anti consumer policies, and guarantee privacy.


3,922
Supporters

Let me start by saying this petition is not a petition focused on just video games. This petition is about end user license agreements and is more focused on your rights as a consumer to own the products you buy, and can do what you choose with the products you buy. This includes Movies, Games, TV Shows Seasons and digital media. Hardware such as Computers, Consoles, Tablets, and smartphones. If you have paid for these items, they are yours and you should not be told how or when you can use your property. The target of this petition is Microsoft and we do not want to see Microsoft fail, but after current business practices with the soon to be coming Xbox One, we must ask that the policies Microsoft plans on implementing be stopped. If they stay the course, we will not be buying the Xbox One, or any other product on the market that enforces anti consumer policy, and strips them of privacy through Terms of Service agreements.

This petition is to hopefully set an example on user rights and privacy for future releases of all content and not just games. Anything online will have user rights and privacy as a standard. 

At the moment companies seem to be heading down a path that all have policies that are against the consumer interests and put the companies in a position where they can constantly spy and monitor you. Or a way to guarantee their profits by charging for things that were once free. This being making the consumer pay for their bottom line. Companies now have even gone as far as to telling the consumer how they can use their product through selling licenses with conditions; To purchase and use the product is to agree to those conditions.


(Yet to be seen and cause for concern) Movies Restrictions: Recently Microsoft has filed a patent that monitors use of content licensing with the Kinect 2,0 sensor. If you're watching a movie and more than the minimum amount of people allowed to watch a movie  is in the room, under the license, will cause the movie to stop and request you purchase another license for public viewing. 

Still Waiting for Change.

Forced Kinect use: The kinect is a motion sensing device that uses a 1080p camera that is used to control the device hands free. This device can also detect your heart beat and heat signatures in a room. Tracks eye movement and is used to identify you through facial recognition. It is also designed to be always listening. Only the camera at present can be disabled. The console will not work without kinect. 

Terms of use for the kinect: Sections 9 and 12 of the current Terms of service Policy:

If you accept the agreement, you “expressly authorize and consent to us accessing or disclosing information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Microsoft, our partners, or our customers, including the enforcement of our agreements or policies governing your use of the Service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Microsoft employees, customers, or the public.”

Microsoft also reserves the right to monitor your voice and chat sessions using their new camera system.

“You should not expect any level of privacy concerning your use of the live communication features (for example, voice chat, video and communications in live-hosted game play sessions) offered through the Service.” They obviously won’t – and can’t – monitor every single system at the same time, but they say that they have the right to do so “to the maximum extent permitted by law.”

Microsoft also “reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Microsoft’s sole discretion.” 

Thinking of disabling or bypassing any of these monitoring systems? Well, that’s illegal. Of course, the TOS has always included sections that one might deem questionable if they favored privacy. Source: Lazygamer.net


We request:

NO forced Kinect use. Make this optional and able to be unplugged for privacy purposes. You have no right to peer into my living room and the collective right of a company does not override individual rights.

Terms of service must be amended to guarantee personal privacy as a mandatory practice.

We the consumer reserve the right to not have, take it or leave it policies. We want options to opt out of any and all information collection on our personal habits.

 We understand that the technology used today leaves behind data. However, it is assumed that this data is sent from my Xbox/Computer/ Phone to its destination. Because it is a closed wire and arrives at routers and server in transit is no different than the postal service routing my mail. You do not have the right to peek at my mail and you should not have the right to monitor my data. You have attached essentially an illegal tap to the system and your new terms of service should guarantee any data collected is not shared and or destroyed. The apparatus to look through my kinect dismantled.

 



(Recently Reversed, petition Request Met) Digital Rights Management (DRM): Is a policy which states that the disc you buy is not yours, it is licensed to you and you do not own it. Currently with the hardware out on the market user choice reigns supreme. (People can watch movies without restrictions, Play games without restrictions, and sell and trade them how they please with current Xbox 360 and Playstation 3.) but now companies like Microsoft are hoping to do away with this simple consumer choice system. 

(recently reversed Decision) Game Restrictions:  that you can only install the disc on your machine. They manage how you can share a game and eventually movies (See patent), that it can only be done with someone on your friends list and they must have been for 30 days.

(Recently reversed, Petition Request  met) Console restrictions: 24 hour check in. The console is required to be online and must check in every 24 hours. Along with this is the need for Xbox live which is a 60 dollar a year, service unless you pay monthly which currently is over 10 dollars a month.

 

 

Letter to
Microsoft Corporation Major Nelson
Microsoft Corporation Steve Ballmer
We the consumer ask,

DRM/Checkins recently reversed, The request was. That you eliminate,
No DRM, and limiting game ownership.
No 24 hour Check in, nor mandatory internet connections. These requests have been met. Thank You for reversing these decisions!

Items we must still address:

End Anti consumer policies, and guarantee user privacy. Set the Standard for protecting user rights and privacy.

No Forced Kinect use, make it optional and bundle the kinect, at 499.

For those who want just the Xbox this bundle (or lack thereof) set at 399. This allowing for user choice, and putting you back into a competitive pricing with your competition.

Terms of service should guarantee my privacy and you should not reserve the right to use any camera or microphone as a means to enforce licensing or peek into my home. Your console is allowed, its data collection capabilities are not.

Any Data that is collected on me as a standard be destroyed. If I so choose to have my data collected, it is something I must do manually. Privacy must be a standard and I must be given the choice to disconnect anything that I don't want to use, like the kinect. I must also be given the choice to opt out completely of any and all data collection practices. We request an opt out feature to protect our data during the agreement of the terms of service. To opt out of data collection should not mean forfeiting the use of any of your services.

We are aware family sharing is no longer an option as well as many other features, but we also know this is something you could easily implement, especially for those who have chosen to go Digital download. It is not an all or nothing world and to say it is, is an insult to our intelligence. Gamers are a legion of intelligent people. (lawyers, programmers, Military etc.). Give us the choice to buy the disc and forfeit the use of the new features for those games bought on a disc. If we choose to download a game directly to the drive, then those options should be made available. Nothing is impossible and a company such as Microsoft should never utter these words. That is when we as consumers lose confidence not in your abilities, but your willingness to be truthful.

Consumer Choice is all we are asking, if we choose to go the DRM route then that is our choice and we can choose to try out these new features you have proposed.

We will not tolerate sneaky terms of use revisions in the future.