QUOTE(johnnyrico @ Dec 9 2007, 10:26 PM)
Not entirely correct: on the box it says you MUST agree to the enclosed EULA in either the manual or enclosed booklet if you want to use the software, if you don't agree you should return it to the retailer you bought it from.
since you MUST agree if you want to use the program, it's pretty obvious that when you played it, you legally agreed to the EULA.
it's like having to sign a nondisclosure contract before being allowed to see classified information: you MUST agree to shut up if you wanna see it, or you can't see it.
Also, they offer you the chance to read the EULA when signing up for MS services and you have to select "I Agree" to use it.
therefor, MS can pull the Xbox Live logs, use that as a proof somebody agreed to their terms of use for the LICENSE they give you.
besides, if there's anything waterproof at MS, it's their contracts and EULA's.
alternatively, they can request the accuser to show a proof of purchase.
since MS offers a limited 90-day warranty on most software in the US and Canada, you've only got 90 days to complain.
remember, this is MS we're talking about, they could even check the date the first halo 3 savegame was made and use that as proof.
too bad nobody RTFM's or the EULA's they get shown.
sorry mate, but MS does have 1 thing that's bulletproof and it's their legal department.
people used the game and the boxes and/or manuals read you have to agree to the EULA's, since they aren't allowed to play if they disagreed, they showed they agreed by playing because you must agree BEFORE playing, once you played there's no turning back.
the agreement has been made before the act, plain simple.
You actually believe Microsoft's legal department are invincible?? They lose legal cases all over the world, they are constantly making huge settlements.
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