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Xbox One VS. the EU law

Spartaner

Banned
Also Jeff Grestmann says their are options to turn off stuff for the Kinect.

yeah apparently its some private mode nonsense so you still cant disable kinect. i dont trust microsoft so i still want the option to unplug that kinect crap and shove it into the closet once im done playing.
 

eot

Banned
This was my first thought, until I watched the reveal again and noticed it says the Kinect can read your heartbeat...

At a distance...

That is concerning to say the least. What type of radiation passes through flesh and yet can still create an image?

You can read someone's heartbeat using any regular video camera and open source code that MIT developed. It's got nothing to do with IR emitters.
 

Adamm

Member
Its apparent Microsoft are aiming this console at the US with most of the features, and I would love to see this come back and bite MS in the ass.

But really I think they will have thought of this and they will some how get around European law
 
Since Steam isn't have too many problems with no re-sales, Apple allowed to use loopholes to get around EU standards, etc... I'm sure MSFT will be fine or they'll do a special compromise for special cases, if there are any.

Arm chair lawyering before all the details are finalized is pretty poor form.
 
Speaking of law. Aren't there health and safety issues with constantly blasting people with infrared light? (What Kinect uses to read you).

I know long exposure is bad for your eyes.

image002.jpg


Well, wavelengths from 700 nm to a million nm are infrared and this graph plucked from the web seems to say that the sun and incandescent lightbulbs emit plenty in that range (near 700nm).
Edit: or 750nm I don't really know.
 

AOC83

Banned
Yup, you guys are spot on. That is why they wasted time on FIFA and exclusive content...so americans can play it....

If they think anyone in Europe (UK aside) is going to buy this turd because of FIFA they are in for a rude awakening.
 
This was my first thought, until I watched the reveal again and noticed it says the Kinect can read your heartbeat...

At a distance...

That is concerning to say the least. What type of radiation passes through flesh and yet can still create an image?

I can't tell who is being serious any more.
 
youre right but theyll force them to change the kinect requirement a bit so it doesnt violate laws.

my assumption.

For sure, but it can take years. I fully expect MS will have some kind of opt out, but we don't know enough yet of what they have planned in terms of ToS, etc.
 
Yup, you guys are spot on. That is why they wasted time on FIFA and exclusive content...so americans can play it....

And you think announcing that a piece of DLC for one game is enough to position the console in Europe? Well, who knows, maybe we'll start watching NFL instead. And the rest of the media stuff MS showed in the conference that Europe won't get or will get in a limited form.
 

test_account

XP-39C²
the $108million that EA made purely from Fifa ultimate team in 2012 says otherwise.
Did they say that it was exclusive forever? Seem so weird to drop a big part of their userbase (unless Microsoft payed the a lot of money to compensate).
 

benny_a

extra source of jiggaflops
Did they say that it was exclusive forever? Seem so weird to drop a big part of their userbase (unless Microsoft payed the a lot of money to compensate).
Ultimate Team is not exclusive at all. FIFA Ultimate Team will come to both next-gen consoles.
 

Forceatowulf

G***n S**n*bi
We are blasted everyday with radiation.
Ok, look, I don't think for a second that the Kinect IR is going to be a radiation problem, but this defense is fucking stupid.

So because we get blasted with doses of radiation every day we should be content with being blasted with even more radiation from a game console? The fuck is wrong with you?

And people wonder why corporations walk all over us...
 

kinggroin

Banned
I hope it's so impossible to sell Xbox One in Europe that it's mired in shit for years and fails to sell more than a few thousand units. Japan's already done for them. So then everything will rest on the US recognizing how awful the console is.

If there's a God....
 

Alx

Member
Speaking of law. Aren't there health and safety issues with constantly blasting people with infrared light? (What Kinect uses to read you).

I know long exposure is bad for your eyes.

Infrared are the most common radiation out there, and they're harmless light (less powerful than the visible light even). The sunlight is full of it, and you're exposed to far more IR while walking outside for 5 min than you would be while staying in front of an IR camera for a whole day (that's why kinect doesn't work in sunlight). So don't worry.

I did have some concern about the first kinect camera, since it projected a laser pattern which caused a glittering that could strain the eyes, but there should be no such pattern with a time of flight camera, so it should be even less of a problem.

This shit is on thin ice here in the states too.

The US had an issue with a Pennsylvania school using cameras in laptops to monitor the hundreds of kids that were given the laptops - it ended in a lawsuit focused upon invasion of privacy, theft of private information, and unlawful interception.

Not the same problem at all. Your example is a legit problem because it was, well, an invasion of privacy. The problem isn't that there was a camera in the laptops, but that some people were using them to spy on kids.
The legislation is about preventing unsollicited recording of private data, or giving external access to your video stream. But there's no such feature on a gaming console. Nobody will be watching you through your kinect, unless you asked for it.
 

test_account

XP-39C²
Ultimate Team is not exclusive at all. FIFA Ultimate Team will come to both next-gen consoles.

It isn´t exclusive at all. Just additional content.
Oh ok, thanks. I was starting to wonder why EA would do such thing. I also saw an add on *********** today about Ultimate Team for other platforms, but i wasnt sure if that was a "typo" (added before the Xbox One conferance happened).
 

PSGames

Junior Member
We have had similar discussion in the past when EU brought this in and the impact on steam, I think EU will crack down on it and got to wonder how MS will survive.

Does Europe come down on Apple and iOS digital sales? Google and the play stores digital sales? How is the Xbox one any different? You are buying a license to a game/app not a physical good.
 

benny_a

extra source of jiggaflops
Yep, UT content will be exclusive to the One. Not the actual mode, there's far too much money to made for EA to make the entire mode exclusive...
The famous "content" where nobody knows what that means. Does content mean Messi and Ronaldo only exist on the Xbone?

Does Europe come down on Apple and iOS digital sales? Google and the play stores digital sales? How is the Xbox one any different? You are buying a license to a game/app not a physical good.
The Xbone is different as it takes rights away that previously worked fine where retail copies can be sold at will.

The iOS and Android apps market were completely new. The german consumer advocacy group started a lawsuit against Valve for how Steam violates EU law. So we'll see.
 

wildfire

Banned
As we all know the EU law is quite pro-consumer, while the Xbox one is not. Microsoft is constantly getting wiped around by the EU law.


:: Any recording devices/viewing devices (e.g webcams) have to have the option of being turned off in the EU, otherwise it violates the law. So kinect will be always on?

This is something I haven't thought of. MS cares about Europe but at this point MS will have better success in 3rd world markets where telecoms monopolize the airwaves.

They can't even succeed in the more lucrative BRICs or similar countries like Mexico because they'll be too expensive to operate in, won't put up with MS draconian connectivity policy, or simply too resistant to foreigners establishing a business in their country in order to protect their local market.
 

Biggzy

Member
Ok, look, I don't think for a second that the Kinect IR is going to be a radiation problem, but this defense is fucking stupid.

So because we get blasted with doses of radiation every day we should be content with being blasted with even more radiation from a game console? The fuck is wrong with you?

What I meant is that if IR was a problem we would all have serious health issues as infrared radiation is all around us; we sense it as heat, and I somehow doubt we will be using Kinect as a heat source.
 

ec0ec0

Member
I live in europe (spain), i hope that that "thing" (xbox one) cant enter here... i would by a real dog instead.
 

Biker19

Banned
I hope it's so impossible to sell Xbox One in Europe that it's mired in shit for years and fails to sell more than a few thousand units. Japan's already done for them. So then everything will rest on the US recognizing how awful the console is.

I think it's safe to say that everyone's going for Playstation over in Europe now. Microsoft was very lucky that people in Europe bought the 360 to begin with.

If they lose the U.S. to either Nintendo or Sony, then the Xbox brand is in serious trouble.
 

Calvarok

Banned
Recent rumors explicitly say that the plan at the moment is to have no fee or restriction on selling used games. The exact nature of the authentication process is not finalized.

And yeah, the kinect is gonna be able to be turned off, dude.

I guess I can't blame everyone for taking these rumors so seriously when Penny Arcade and such outlets are doing so as well, but cmon. Don't flip your pancakes til we see what's in the batter.
 

Polk

Member
I know Kinnect is always on, but is it recording?
If it's just blasting IR it's not different than motion tracker with microphone, right?
 

Gestault

Member
One might almost think there are privacy settings and the option to disable the Kinect, exactly like the current Kinect, and that the retail-game setup allows you to resell your games.

Boy, this thread would look silly of both of those were true.
 
I hope it's so impossible to sell Xbox One in Europe that it's mired in shit for years and fails to sell more than a few thousand units. Japan's already done for them. So then everything will rest on the US recognizing how awful the console is.

Masturbatory fantasy aside, the most the EU can do is listen to any cases that are brought before them and then suffer through years of arguments, back and forth and so on.

It won't be simple and it certainly won't be quick. It almost certainly won't make the console impossible to sell either.
 

Dipswitch

Member
This shit is on thin ice here in the states too.

The US had an issue with a Pennsylvania school using cameras in laptops to monitor the hundreds of kids that were given the laptops - it ended in a lawsuit focused upon invasion of privacy, theft of private information, and unlawful interception.

Link here: http://www.businessinsider.com/school-that-spied-on-students-with-laptop-cameras-says-it-was-security-feature-2010-2

Well, the difference there was that the students had no idea that the laptops were equipped with monitoring software and that they were being observed without their consent. I'm sure they'll make it abundantly clear with XBox One that Kinect is always listening for specific keywords in a low power mode and always watching/listening when the console is powered on.

I've no doubt the MS legal team has reviewed the law from every angle in every region the console will be sold in. And they know the limits of what they can and cannot do legally. Doesn't make the underlying concept any less creepy/invasive mind you - you'll be surprised how many people just gloss past the EULA and agree to whatever is put in front of them.

It won't be until the mainstream/social media picks up on what's happening that the shit really hits the fan.
 

PaNaMa

Banned
The thing is, MS will just EULA it.

"By playing Xbox One you are permitting Microsoft to break all these consumer rights and privacy protection laws pertaining to control of always on cameras and microphones, that you absolve Microsoft from any potential litigation class action or otherwise, relating to breaches of privacy etc etc etc and you're agreeing that anything purchased specifically for our game system is still in fact Microsoft's and not yours, cause we are just granting you permission to play it, not own it per se"

Obviously I'm not trying here. But they'll EULA it and get away with it. That's what corporations do. The only real power we have is to take our gaming elsewhere.
 

avaya

Member
Microsoft should be wary of price fixing lawsuits, tbh. The current proposal for used games smells like collusion to me.

This is the big one.

Sony will also get hit with it if they go down a similar route. Would bet a lot of money on the EU raining down hell on these firms if they tried to place a floor on used game prices.
 
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