XBL Marketplace - NEW RESTRICTIONS!

[Dave Baumann]

I think the restrictions themselves are fairly OK, I can see that there can be licensing issues for content across continents at least - in fact, I would imagine that without this there would be a major barrier to being able to provide a service in countries like China should MS want to launch there, with or without an online service.

However, I've got to see how this pans out because there is potentially a ligitimate issue that I may be one of the few that falls foul of.

Both my wife and I registered with Live in the UK, we've since moved to Canada and we've kept our UK accounts. Thats not for the want of changing it, however, as although MS accounts will allow you to change virtually all your details there is one element they can't change - your country.

I've phoned up and bitched at the XBOX customer service before and they say there is nothing they can do about this, "its just how the system is built". Their suggestion was to create a new account - did they seriously think I was dumping my GS on my already registered account?

So, I'll be paying particular attention to how things go tomorrow. If Arcade and Game DLC is not affected then I probably won't care, however if they are then there will be a small selection of users, like myself, that have a legitimate complaint.

 

[Platon]

Personaly, I do have a US account as well, but I haven't been using it that much for anything so i don't think I wil be that affected of the changes.

But i agree with Titanio that this could potentialy be a matter that is taken up by the EU and gets investigated to see whether it is going against the rules of free trade and what not. Sure there might be products that are not available in your country but you can get them in another EU country and take them back. With the internet that is not possible, unless someone else uses their credit card and gets it for you.

But I guess we just have to accept, that internet trading is still in its infancy, and the internet is expanding much faster than the legislation and hence there will be many grey areas for quite some more time. It will be interesting to see how it goes.

One would think that the companies that put up movies on the marketplace, would like to sell as many as possible of them and would not mind peple in EU getting them, even if theyare not supposed to, but that does not always seem to be the case...

 

[pipo]

So, I'll be paying particular attention to how things go tomorrow. If Arcade and Game DLC is not affected then I probably won't care, however if they are then there will be a small selection of users, like myself, that have a legitimate complaint.

It shouldn't be a problem since you can set up a free (Sliver) account for the downloads. Once they're on your box you can use 'm with your normal account no problem.

Does this also happen with games?

Yup. Games like Dead Rising and Gears were very hard to get in Germany for example.

Back in July, German zombie-haters were stymied in their quest to slay the undead when the Unterhaltungssoftware Selbstkontrolle (USK) refused to give Dead Rising a rating due to its excessive violence. While this didn't officially ban the game, it effectively limited the scope of its release and made it available only as a hard-to-get under-the-counter sale.

Now it appears the USK is at it again. Microsoft has confirmed to GameSpot that Gears of War has been refused rating in Germany, presumably also due to violence. Because of this, Microsoft has decided not to release the game in the country, as per the company's policy with unrated games.

Check out the Q&A for more marketplace info: http://aceybongos.spaces.live.com/blog/cns!34EFB79E92974FD2!4205.entry

The issue here is that when we add new gaming and entertainment content to Xbox LIVE we sign a contract with the content provider. In that contract it tells us which country or countries the content is licensed in. It then becomes a legal requirement for us to ensure that the content is only available for to people in the countries in which it is licensed. If we don’t do this it makes it really difficult for us to get new content providers to put content on Xbox Live, which in turn means Xbox Live members don’t get the content they want.

A good example is the TV and movie content available on Video Marketplace in the US. This content is not available in other countries because it is not licensed for them. However, we know that some Xbox Live members who live outside of the US have been signing up for a US Xbox Live account so they can access this content. When they do, it means Xbox is breaking its contractual agreement with the content provider, so we have to stop this.

And:

Q: What does this have to do with games that are not available on Xbox Live Marketplace in Germany, like DOOM?

Michael Newey: Nothing. The German government has restrictions which regulate the distribution of certain content in Germany. We take these regulations very seriously indeed, and therefore certain content will not be available for download in Germany.

You can't blame MS for everything you know.

 

[ErnstH]

If it uses IP to track where the user is located, shouldn't it be possible to use a proxy server in some other country to fool it? Although it might slow down your downloads.

 

[Rolf N]

Doom was banned in Germany not for just the gory bits, but because there's a swastika in the level geometry or somesuch -- it's an eternity ago though, and Doom 3 is not banned but rated for adults. You can get all kinds of unrated games, games rated for 18+ and honest-to-goodness imports in proper shops and online stores that specialize in such things. Just because they aren't on Amazon or Ebay doesn't mean they aren't commercially available. So I can buy F.E.A.R. for the PC right now in a brick-and-mortar shop, or I can have it delivered to my doorstep from an online store. I can choose between a German release, a UK release and a US import, all legal and legit. I just need to be 18 or above, which I am.

However the same method doesn't work for Gears Of War or Dead Rising on the XBox 360, because Microsoft not only didn't publish them in Germany, but is actively, err, "discouraging" commercial imports.

Bottom line: it's correct to blame Microsoft for unavailable games, because it's their fault.

 

[pipo]

Bottom line: it's correct to blame Microsoft for unavailable games, because it's their fault.

Sure. DR in particular is a good example, since they aren't even publishing it.

Keep it up.

 

[DuckThor Evil]

Bottom line: it's correct to blame Microsoft for unavailable games, because it's their fault.

I think it's mostly the fault of your government and the censorship laws in place in your country though. MS is just co-operating with your government.

 

[pipo]

I think it's mostly the fault of your government and the censorship laws in place in your country though. MS is just co-operating with your government.

My point exactly.

 

[Martin Eddy]

Microsoft have to be very careful that they don't piss off Governments and Content Providers and at the same time not piss off all the whiners that think they have a right to every bit of content available. I'd hate to be in there shoes.

 

[Titanio]

Sure. DR in particular is a good example, since they aren't even publishing it.

Keep it up.

It is Microsoft's fault for those countries that don't have a marketplace. It is their responsibility to set those up.

As for the rate at which content is released on individual marketplaces once they are set up, it's hard to say who is at fault.

 

[Nesh]

It shouldn't be a problem since you can set up a free (Sliver) account for the downloads. Once they're on your box you can use 'm with your normal account no problem.



Yup. Games like Dead Rising and Gears were very hard to get in Germany for example.



Check out the Q&A for more marketplace info: http://aceybongos.spaces.live.com/blog/cns!34EFB79E92974FD2!4205.entry


And:



You can't blame MS for everything you know.

What about other European countries though such as Greece??

I mean....when I ll finally get a PS3 or 360 I d want to download some content. I was really pissed when I tried with my cousing to get T5: Dark Ressurection but we werent allowed! And I d want to buy Flow as well!

And what about the tons of arcade games 360 is getting?

 

[[maven]]

However the same method doesn't work for Gears Of War or Dead Rising on the XBox 360, because Microsoft not only didn't publish them in Germany, but is actively, err, "discouraging" commercial imports.

Bottom line: it's correct to blame Microsoft for unavailable games, because it's their fault.

As someone in the same boat (i.e. Germany) I really hope that the Crackdown DLC will be an auto-update only and not Marketplace content; but that's probably not the case...

 

[pipo]

What about other European countries though such as Greece??

I mean....when I ll finally get a PS3 or 360 I d want to download some content. I was really pissed when I tried with my cousing to get T5: Dark Ressurection but we werent allowed! And I d want to buy Flow as well!

And what about the tons of arcade games 360 is getting?

Of course! On that subject only the platform holders are to blame. I'd be ******-off too if I were you.

As someone in the same boat (i.e. Germany) I really hope that the Crackdown DLC will be an auto-update only and not Marketplace content; but that's probably not the case...

I think you're right on that one.

What's the problem with Crackdown in Germany by the way? I didn't hear anything on that.

 

[Rangers]

It shouldn't be a problem since you can set up a free (Sliver) account for the downloads. Once they're on your box you can use 'm with your normal account no problem.



Yup. Games like Dead Rising and Gears were very hard to get in Germany for example.



Check out the Q&A for more marketplace info: http://aceybongos.spaces.live.com/blog/cns!34EFB79E92974FD2!4205.entry



And:



You can't blame MS for everything you know.

Yeah,, the post I was going to make. I cant believe people take this as yet another opportunity to whine about microsoft.

 

[[maven]]

What's the problem with Crackdown in Germany by the way? I didn't hear anything on that.

Microsoft simply chose not to publish Crackdown here. Probably because the the USK (Germany's ESRB equivalent) refused to rate the title, which could have led to it being put on the Index (as was the case for Gears of War).

 

[pipo]

Microsoft simply chose not to publish Crackdown here. Probably because they feared the USK (Germany's ESRB equivalent) might refuse to rate the title, which could have led to it being put on the Index (as was the case for Gears of War).

Crap. I didn't know that.

 

[rekator]

Microsoft simply chose not to publish Crackdown here. Probably because they feared the USK (Germany's ESRB equivalent) might refuse to rate the title, which could have led to it being put on the Index (as was the case for Gears of War).

And for Saint-Rows ?
Personnally I thinks that if Gears an Dead Rising was not authorized not many futures games will be published in Germany… GTA out, Bioshock out, Mass Effect out, MGS4 out, SC 5 out, FF13 out, Lost Odissey out, Lair out… finally 90% of the games

 

[[maven]]

And for Saint-Rows ?
Personnally I thinks that if Gears an Dead Rising was not authorized not many futures games will be published in Germany… GTA out, Bioshock out, Mass Effect out, MGS4 out, SC 5 out, FF13 out, Lost Odissey out, Lair out… finally 90% of the games

Saints Row has been given an 18+ rating in Germany and is censored (2 whole mission type are missing, 2 achievements left out, corpses vanish immediately, no burning people, ...); as a consequence of which the multiplayer is only compatible between these censored versions; you cannot play internationally.

And Microsoft / other 3rd parties choosing not to publish the titles you mention is exactly what people are most afraid of / annoyed by.

 

[scooby_dooby]

Q: What happens if a user tries to re-download licensed content they’ve purchased in the past using an Xbox Live account outside of their country?

Michael Newey: They will not be able to. From the launch of the Spring Update onwards we have to make sure that users cannot download any content that is not licensed in the country in which the console resides, even if they have downloaded it in the past.

Illustrates another big problem with virtual media. Imagine you spent a few hundred $'s on TV shows/Movies, which you are supposed to OWN, and suddenly the company simply takes them away leaving you with no recourse. The 20gb HDD can't hold much content, so essentially anyone outside of the US that purchased content is screwed.

The problem is MS left the loophole open, and is now placing the responsibility on the consumer for the mistake. If you accidentally sell something in a store, that's the fault of the store, you don't drive to the person's house and take their property away.

Until crap like this stops people will always prefer physical formats.

 

[Blazkowicz]

that fiasco should teach a good lesson to people.. if you want a media PC, buy or build a media PC, not one those closed, expensive $400-500 consoles.