Submitted by karamsoul 755d ago | opinion piece

Xbox Live’s New ToS: They’re Watching You

Karam Elahi from SpawnFirst reports: "When you turned on your Xbox yesterday, you might’ve noticed a new Xbox Live Terms of Use and Services that you had to agree to, to get back on Xbox Live to commence watching Netflix, playing multiplayer, or to actually do anything at all, online. When we usually notice such service Terms of Use updates, we instinctively agree to them, just so we can get on with our lives and not have to read lawyer-speak for the next 30 minutes-to-an-hour. This time though, I actually took it upon myself to read through it. And the few questionable points I found in the Terms of Use did not sit too well with me. " (Microsoft, PC, Xbox 360, Xbox LIVE, Xbox One)

PoSTedUP  +   755d ago
anything you do: your skype videos, chat, game videos etc. they have a right to monitor and use them however they like whether it be giving it to their partners who then can use it however they like etc. thats pretty bad imo. we have a right to our privacy and that right there is a whole lot of violation if you ask me.
dirigiblebill  +   755d ago
"We may monitor these communications to the extent permitted by law."

Also, here are a few excerpts from Sony's privacy policy.

"we collect information via dynamic in-game advertising that is served to some online PlayStation®3 games. By use of our websites and games that have dynamic in-game advertising, you signify your assent to SCEA's privacy policy."

"We may share the personally identifying information of our website users with our affiliates in the Sony group family of companies and other third parties who assist us with fulfilling your requests, clear and verify transactions, deliver and administer products, content or services, manage and enhance customer data, store and maintain our database records, provide customer service, detect fraud or illegal activities, conduct customer research and surveys, develop new products and services and sell products and services to you."

"Data logged via PS3 dynamic in-game advertising or some portion of it will be shared with third party companies that operate the advertisement serving technology, and these companies may share aggregated data (meaning data that includes data about a Sony Entertainment Network account holder’s gaming session but is not specific to him or her) with advertisers and game publishers."

#1.1 (Edited 755d ago ) | Agree(16) | Disagree(2) | Report | Reply
creeping judas  +   755d ago
But Bill, that's completely different then what MS TOS are!!
Thehyph  +   755d ago
I don't understand the paranoia.

I'm sick of this NSA-box crap. Even if I was getting an Xbox One... I still wouldn't care.

Facebook, Twitter, Google, Microsoft, your ISP, your phone provider, credit, photo identification/driver's license, birth certificate, etc.
You're always in a database somewhere.

Information is a powerful and profitable thing. You need look no further than Google.

Building a database of users and use is 100% legal in the United States, and it was that way before the patriot act.
Use of said database is where the law gets shady.
kneon  +   755d ago
There is nothing particularly ominous about those terms you've posted. You'll find just about every online service has virtually identical terms. No company runs their entire service top to bottom on their own so they need to share info with all the companies that make up that service, including the advertisers and advertising brokers.

As for Microsoft listening in on your communications that is nothing new. Every communications provider has the right to listen in on your conversations, with certain limitations.

I worked 10 years at a mobile operator and we could listen in on any channel we wanted to in order to ascertain whether there were communications issues. What we couldn't do is listen in on specific users. Still I've heard things that I'm sure people didn't want to be known and had I really wanted to I could have tracked down the callers info, but then I would have been breaking the law.
PoSTedUP  +   755d ago
you see the difference right? MS is getting premission to bassically use Everything you do, say, or upload to xbox, they can see your skype video chats, everything.. thats why they have a long list of specifics of exactly what they want to do. we're not talking just game stats and account information, if you read and understand it.
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jmc8888  +   755d ago
Sorry stevehyphen, you got it all wrong.

It's not PARANOIA...when it's REALLY HAPPENING. Check dictionary.com.

Your sophistry that if 1 thing against me is happening, then what's 100 or 1000 or a million, is laughable.

More is worse. This more is more advanced then anything else. It's also IN YOUR HOUSE, and will be doing all it's little spy stuff to any child in sight.
#1.1.5 (Edited 755d ago ) | Agree(0) | Disagree(1) | Report
jackanderson1985  +   755d ago
they can only do it as far as the law allows.... i'm not sure on US law but EU law is pretty clear... they need express permission to "sell" your data to third parties... also that part of the agreement covers them for complaints made by fellow gamers for either abusive messages or threats etc etc
marchinggamer  +   755d ago
You lost your right to privacy when you signed the terms of service
2cents  +   755d ago
Oh no... Quick! Run for the hills, hide in a cabin, live of berries and grow a beard. They won't find you there!
dale_denton  +   755d ago
here's a solution people.. don't subscribe to xbox live or buy MS consoles.
HolyDuck  +   755d ago
Why do people get so mad at these Terms of Service, you don't HAVE to accept them, but they do, then complain about all the changes, seriously? You're going to accept something that you don't agree with, then your whole point is invalid.
user6635865  +   755d ago
if you do not accept the terms and conditions you basically have a brick

so in theory no you do not have to accept but then good luck getting anything to work.

as a 360 fan ms have made it too difficult to justify the xbox one its just constant bad news... saddening really
Septic  +   755d ago
What makes you think Sony doesn't have similar TOS?
Themba76  +   755d ago
this is why I jumped ship after the x1 unveiling I knew it was time to move on screw the friends list and the achievments I don't need there crap.
GuruMeditation  +   755d ago
Yes, and if I don't like the quality of my oxygen supply I don't HAVE to breathe. Just because we have a choice, doesn't mean that that choice is reasonable or justified.
HolyDuck  +   755d ago
Are you really comparing necessary things we need in order to survive (which is free) to something you have to go out and purchase which is also a luxury you DO NOT NEED. What a joke analogy.

ToS are usually presented on the items website, saying that you have a brick if you don't accept them is complete and utter toss, in all fairness yes, these are changes to the ToS but every ToS you accept states that "You accept that these terms can change etc etc" which you also accept when you accept the ToS, stop moaning about choosing something that is bound to change to something you don't like.
#2.2.1 (Edited 755d ago ) | Agree(7) | Disagree(7) | Report
GuruMeditation  +   755d ago
@HolyDuck I get your point. But the analogy was obviously not meant to be 'to scale'. Just an indicator of how hobsons choice is no choice at all. I do sort of agree with your overarching point, but that doesn't make me any more comfortable with its implications.
jmc8888  +   755d ago
Holy Moly.

Guess you didn't read the article of why the 'I have nothing to hide excuse' is just that, an excuse.

Search it.
#2.2.3 (Edited 755d ago ) | Agree(0) | Disagree(0) | Report
Bhuahahaha  +   755d ago
lol yeah right if you dont accept then you cant access live .mr.duck
Godmars290  +   755d ago
You don't HAVE to accept them, you just can't play COD multiplayer or do anything else online.

MS will still happily take you XBL subscription though...
urwifeminder  +   755d ago
Watch me toss all you want nsa day one.
Mohlest   755d ago | Spam
SlapHappyJesus  +   755d ago
Remember when consoles were just machines you played games on?
It was nice.
MasterCornholio  +   755d ago
Kinect: I'm sorry Dave but you can't unplug me

After 180

Dave: Yes I can

Kinect: Don't do it Dave I can provide you ...........

-Dave unplugs Kinect-

P.S Any Xbox One user can do the same with their camera.

Nexus 7 2013
#6 (Edited 755d ago ) | Agree(10) | Disagree(4) | Report | Reply
Thatlalala  +   755d ago
But xbox watch movie! Because TVs don't come with remotes!
MightyNoX  +   755d ago
Behold ye mighty at my creation and despair.

People who willingly walk into this have only themselves to blame.
no_more_trolling  +   755d ago
you signed TOS wish your phone company too
they are listening to you as well

did you decline that TOS?
are you a MAC or Windows user?

DeadRabbits  +   755d ago
If the NSA over in the US have nothing better to do with their time then I am more than happy to let them watch me playing games while scratching my junk and drinking beer! At a price of course.
jmc8888  +   755d ago
Very naive of you to think that's what they want it for.

mhunterjr  +   755d ago
Gotta love the FUD articles...

This guy basically complained that MS can 1) choose to end partnerships with 3rd party service providers
2) post gamerscores and leaderboard
3) that he doesn't have 'privacy' during 'voice chat, video and communications in live-hosted gameplay sessions. (If you're talking during a match, obviously anyone else in the match or any mods can hear)

This is standard ToS fair, required to provide such a service without getting sued daily. It isn't any more invasive than any other network... people just live to complain.
mhunterjr  +   755d ago
Gotta love the FUD articles...

This guy basically complained that MS can 1) choose to end partnerships with 3rd party service providers
2) post gamerscores and leaderboard
3) comply with international copyright laws
4) that he doesn't have 'privacy' during 'voice chat, video and communications in live-hosted gameplay sessions. (If you're talking during a match, obviously anyone else in the match or any mods can hear)

This is standard ToS fair, required to provide such a service without getting sued daily. It isn't any more invasive than any other network... people just live to complain.
falviousuk  +   755d ago
Ffs here we go again
creeping judas  +   755d ago
Fanboys, please read Dirigiblebill's post on Sony's TOS first. They are practically the same as MS's that you are bashing.
creepjack  +   755d ago
They cant, the Sony Blinders™ wont let them.
Lboogieskells  +   755d ago
link please
Gekko36  +   755d ago
Remember South Park when Kyle just accepted the apple agreement and ended up the middle section of the human centIPAD.

Chill The F!ck out people, your not going to have your lips stitched to the anus of a Japanese tourist if you accept an agreement either from Apple, Microosft, Google, Sony or Nintendo.
#13 (Edited 755d ago ) | Agree(4) | Disagree(2) | Report | Reply
creepjack  +   755d ago
How the hell do you have a disagree? LMFAO
Gekko36  +   751d ago
LOL, the disgrees must have come from guys without a sense of humour. There's a lot of it going around.

It's just like observiing a subspecies making a cuppa, strange and bewildering yet dull at the same time.
True_Samurai  +   755d ago
Aw Man I accepted the tos yesterday I don't want my mouth stitched to someone's butt :-(
Mexxan  +   755d ago
I keep on reading posts saying they' got to keep within the law SERIOUSLY? After what's come to light over the last months and the info that's readily available you think legality matters?
Themba76  +   755d ago
this update won't let me sign in with my profile I can't wait to get me ps4 this is pissing me off
Thatlalala  +   755d ago
Lol. Your the idiot who forgot his/her log in info.
#15.1 (Edited 755d ago ) | Agree(3) | Disagree(3) | Report | Reply
Themba76  +   755d ago
what!!! F**K YOU IDIOT i know my info tried it 10 times and i deleted and reinstalled the update. so what the hell are you talking about MORON!!!!
ExDexteraDomini  +   755d ago
I think, anyone upset needs to calm their breeches, and I think we need to re-think about what is most important to us to keep private. My profile on Live and the things I do and say on there are things I don't mind others seeing. If you do have things that you do and say on PSN or Live that you don't want others to see, then you need to wake up, because 1st: why the heck are you putting things like that on there anyway, 2nd why did you expect privacy to begin with?

I don't give 2 elephant dumps if people know what I do on my gaming system! At least it doesn't like, post a tweet every time you fart.
jmc8888  +   755d ago
Actually it creates a database of things you do, stuff in your environment, etc, etc.

So think of it more like a constant twitter stream of everything you do, which is then sold to people who will use it against you.


It's not about Sony vs Microsoft.

But if you want to know what Suckerberg things about the NSA, here is all you need to know.


"The NSA really "blew it," he said"- Mark Suckerberg

...and I highly suggest you this, and remember...what happens when their data is wrong? A glitch gives them YOUR address or something like that...

#16.1 (Edited 755d ago ) | Agree(0) | Disagree(0) | Report | Reply
ExDexteraDomini  +   755d ago
Perhaps I didn't make my opinion clear. I know surveillance is as high as it is. In my opinion, you should look at what's going on now and see it as minuscule in comparison to what will probably be. As this tech progresses, they won't just have data on all the things we are doing, they'll have ways of processing and compiling it so that they can learn an awful lot about us, and then predict our activities. Expect this and accept it. Your private space is your mind and the thoughts you keep to yourself.

Regardless, I think your reply is kind of irrelevant to my point. Complaining about the One's ToS is silly, because there are already bigger ways that you are being watched. So it shouldn't be a deciding factor in what machine you get.
#16.1.1 (Edited 755d ago ) | Agree(1) | Disagree(0) | Report
Jack of Death  +   755d ago
Wow... None of you people must own smart phones. They basically have the same terms and are more intrusive to ones personal life. Another stupid topic and another pointless thing to complain about... I can't wait for the new consoles to come out.
SaturdayNightBeaver  +   755d ago
And you are paying them to. LOL sad!

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