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Microsoft Demands Rights That We Can’t Give

Published on October 28, 2013, by in Gaming, Tech.

Microsoft is updating their Terms of Use for Xbox Live. Normally I would barely notice, let alone write anything about it – but I was struck by the oddness of part of it:

…you grant Microsoft and its affiliates, resellers, distributors, service providers, partners, and suppliers (each, a “Microsoft party”) the following permissions: Microsoft parties may use, track, store, copy, distribute, broadcast, transmit, publicly display and perform, and reproduce: (i) your game scores; (ii) your game play sessions; …

– via Polygon


So…they’re asking for my permission to publicly display and perform my game play sessions. That’s weird because, as you know from avidly reading everything I write, I don’t own the rights to publicly perform my game play sessions. Since I don’t own those rights, I can’t grant them to anyone. Even games that allow the end user (player) to publicly perform his/her game play don’t allow the player to in turn grant the same rights.

TLDR: Microsoft is asking us for legal rights that are not ours to give under current US law.

What are you playing at, Microsoft?

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