Living LIVE News Report 12.12.11
Posted by Trace Aber on 12.12.2011
News and thoughts on new DLC for Duke Nukem Forever, the new Xbox 360 dashboard being released and bringing with it new legal ramifications, The Witcher's ownership dispute being settled, the trailer for Metal Gear Solid Rising and more!
REPLY POSTED
I refuse to buy any digital content anyway, but Blood Stone is bloody expensive!
Posted By: Wow (Guest) on December 05, 2011 at 01:04 AM
I'm more upset that somebody out there spent $39.99 downloading Kung Fu Panda 2.
South Park is no longer a viable marketable franchise. They've fallen so far from mainstream attention that it barely qualifies as a cash-in. It's only good when the developer comes with a proposal to the franchise holder. That way it is a quality gameplay experience first before it is a self-gratifying cash-in. Rockstar arbitrarily sought out 'the Warriors' franchise and made a damn good game out of it. Stone and Parker begging Obsidian to make their franchise relevant again doesn't seem to make for a good experience.
Posted By: Mr. Ace Crusher (Guest) on December 05, 2011 at 01:33 AM
I'm not sure if I've read anything that suggests Stone and Parker "begged" Obsidian to make their franchise relevant again, just that they approached them. Considering the series has just recently been renewed through 2016, I'm going to assume the numbers are doing pretty well and the franchise is healthy. Sure, it might not be the juggernaut it used to be back in the late 90's and early 00's, but there's no reason to think South Park is dying. And they're providing the script so it stays true to the South Park universe, while Obsidian is doing all the gameplay aspects. I'm not saying the game is going to be amazing or even good, but I think you're writing the game off way too early. Unless, of course, you played the FPS South Park game – then I understand your pain.
I picked up a new 360 and Kinect on MSFT's black friday sale. I got the whole package for 300. Strange thing was if you bought them separately (the 360 and Kinect) you got more games than the actual 306/Kinect bundle. Bizzaro. Still the fact that I can still sell my old white 360 used for $100 means I got the new 250GB unit for $100, not a bad trade. Now will Siri get jealous when I start talking to my Kinect enabled Xbox?
Posted By: Wii60 (Guest) on December 08, 2011 at 10:14 PM
Not a bad deal at all. I really need to upgrade my harddrive, as 60gigs is just not enough space. Also, how are you enjoying the Kinect? And I'm sure Siri wouldn't mind…at least until they make a portable Kinect.
Welcome everyone to another issue of the Living LIVE News Report, and as always, I'm your host for the evening, Trace Aber. This past week marked the debut of the new Xbox 360 Dashboard, and let me tell you – it's created a lot of news for a downloadable update. I like the overall idea, but I still need time to adjust, especially when it comes to Hulu. Netflix is a little better, and I like how the next episode in a series will start up for you. I've never used either service on an computer, PS3, or Wii, though, so I'm not sure how this update compares to those. Also, has anyone else spent far too much time watching their friend's list jump back and forth while scrolling through them? Oh, nobody? Damn.
On another note, today is my birthday! Being 23 feels no different than 22, but no spoilers on what happens on day two!
Microsoft Unleashes New Dashboard, Terms of Service, and Renewed Apathy of Indie Gamers
While most people seem to be getting used to the blocks-within-block design of the new update, the dashboard is far from perfect and introduces a whole slew of interesting consequences. Microsoft had some initial problems with the update's launch, setting it back a few hours than originally intended. And then Xbox Live went down for a bit as millions of people tried to download the update at once, but after a few hours things returned to normal.
After downloading the new dashboard you're required to agree to Microsoft's updated terms of service, which includes a section comparable to the recent actions of Sony and Electronic Arts making it impossible for you to sue the company if something goes wrong with their product or service. Section 18.1.4 Binding Arbitration reads;
IF YOU LIVE IN THE UNITED STATES, YOU AND MICROSOFT AGREE THAT IF YOU AND MICROSOFT DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION UNDER SECTION 18.1.2 ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION PROCEDURES IN SECTION 18.1.7 BELOW. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD.
THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT IN SECTION 18.1 TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR MICROSOFT'S (OR ANY OF YOUR OR MICROSOFT'S LICENSORS') INTELLECTUAL PROPERTY RIGHTS.
Then section 18.1.6 reads;
18.1.6. CLASS ACTION WAIVER. YOU AND MICROSOFT AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR MICROSOFT WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR MICROSOFT ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND MICROSOFT FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, MICROSOFT, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROECCEDING.
TL;DR – You can't sue or take part in a class action suit against Microsoft for anything that happens to LIVE or the 360, but you can settle the dispute via private arbitration. Unfortunately, these tend to favor business or offer low rewards, and repeals are often useless. For those outside of America, you don't have anything to worry about.
Microsoft made sure that you can't opt out of the agreement, and if you want to use Xbox LIVE you have to agree. The ToS does mention opting out, but only in reference to future changes made after this agreement. Microsoft weight in on the discussion:
Users must agree to the new clause to the Terms of Use in order to continue using Xbox LIVE. Changes to the Terms of Use are designed to ensure that our customers have an easy way to file a dispute without requiring formal legal action. They may now bring a dispute to our attention by filling out a simple Notice of Dispute form found at www.xbox.com/notice and mailing in documentation in support of their claim. We will then work to resolve the dispute to their satisfaction within 60 days. Any customer unsatisfied with the outcome of this informal process may easily initiate arbitration with the American Arbitration Association.
Customers may also choose to bring their claims in their local small claims court if they meet the normal jurisdictional requirements. For detailed information, please visit: http://www.xbox.com/en-US/Legal/LiveTOU.
And since this article started with a heavy focus on indie gaming, I would be remiss if I didn't mention the horrible placement of the Indie Games on the new dashboard. It actually took me two days to find it, as well as the option to select downloadable titles by their "category" (arcade/games on demand/indie/originals). Or 17 button presses, to be exact.
As you can imagine, indie developers aren't happy with this, feeling like once again Microsoft has left them fall to the wayside. It's not like they had prime placement in the old design anyways, but this leaves them practically invisible. And don't even think about trying to search for a game in a practical manner – you can only sort them by title, release date, rating, and most downloads. That doesn't sound so bad, except every indie game ever released is included, and you have to scroll through one really, really long list. There's over 2,000 indie games up for download, so hopefully your preferred title doesn't start with Z.
This comes off the news that Microsoft is teaming up with the Independent Games Festival..Microsoft is said to be taking the feedback and trying to reorganize things, but the fact this is even happening in the first place is ridiculous. Just give them one of those several ad boxes.
Oh yeah, the ads are pretty annoying. It's not that I accidentally select them or anything like that – it just seems like a waste of space. What makes it even worse is it's typically the same ad, and lately it's been the Chuck Norris WoW ad that I see on Hulu constantly. Plus, why are they promoting a PC game? There's also the huge middle box on the home screen that is largely worthless. Oh well.
One final sad note on the Dashboard design: Party Mode from Netflix seems to have disappeared. For those that missed out, it allowed you to talk with your Xbox Live friends while watching the same movie, which was a pretty awesome feature that I only ever used once or twice. Unfortunately, it looks like that experience is gone for good, as Microsoft has no intention of implementing it in future software:
The new app platform on Xbox does not support the video party mode feature at this time, so it will not be available in any existing app partners that have updated their app and any of the new Xbox app partners. The feature is still available in some of our international video apps (i.e. BSkyB in the UK) and is a likely feature candidate for inclusion in the next version of the app dev kit. For customers that would like to chat with their Xbox LIVE friends while gaming or watching videos, the chat feature is still available via the Xbox Guide.
Despite all that horrible news above, with a few tweaks this design might end up being my favorite one. That being said, I can't imagine why the ads and indie games placement is so awful. They've had plenty of time to work on this update, and these things are simply disappointing.
Hope You Liking Waving – Kinect Support Required in all Apps
In a move that shouldn't surprise anyone considering Microsoft's undying support (and success) with the Kinect, all future apps (like Hulu, Facebook, etc etc) will be required to include Kinect support at launch.
Microsoft has over 57 million consoles out in the wild, and as you can tell with their latest additions such as FiOS set-top box functionality and UFC on demand, more and more partners are wanting in on that Xbox money. While Microsoft has no problem making money, they're going to lay down the law about what those apps need to feature. Kinect motion support is a must. You can include avatars if you want, but you better let people wave to pick a selection.
Microsoft isn't leaving app developers without help, however. They're providing tools that help index search terms for voice recognition and motion controls, with the idea of having a standard set across all apps. In all honesty, it's a pretty good idea and makes sense. As the device becomes cheaper (or becomes more prevalent) more people are going to want to check it out, and it would be great if support for it was console-wide, in everything. We might be a little far away from it, but it would at least give Kinect some functional use besides playing games I'm not interested in.
Yeah, I'm still not personally sold on Kinect.
News and Notes
-Microsoft has officially released their Xbox LIVE App on Apple's iTunes. It allows you to check out trailers, vote on polls, check your messages and see what your friends are up to, and even check beacons and achievements. It's pretty slick if you ask me.
-After a legal bout between Namco Bandai and CD Projekt Red about who's distributing the Xbox 360 version of The Witcher 2: Assassins of Kings, a French court has decided that Namco Bandai are the rightful publishers, not THQ, whom CD Projekt Red wanted to distribute. This should mean that 360 owners might finally get a chance to play the game!
-More Duke Nukem Forever DLC will be released tomorrow, featuring single player and multiplayer expansions. You'll get the "Doctor Who Cloned Me" single player add on that brings back Dr. Proton, new enemies, bosses and weapons, as well as four multiplayer maps. This will set you back the standard 800MP ($10).
The Digital Downloads Arcade Games
Apples to Apples (800MP)
Joe Danger: Special Edition (coming this week!)
Sonic CD (coming this week!) Games on Demand
Kane & Lynch: DeadMen ($19.99)
Silent Hill: Homecoming ($19.99)
Dragon Age II ($29.99) Demos
Just Dance 3
The King of Fighters XIII
GoldenEye 007: Reloaded
Signing Out
That does it for me this week. Be sure to check back next week as we discuss all of the latest Xbox 360 news, including releases, rumors and reviews! Also, don't forget to bookmark 411Mania! And a note to all of the Indie Game developers out there – if you have an upcoming title that's going to be released soon drop me a line at traceaber@gmail.com and let me know. I'll write a full review of your game to be posted on 411Mania.com, which is a great way to get your game promoted!
EVERY time they tweak the 360 dashboard it gets worse. WTF?
Posted By: armchair theologian (Guest) on December 12, 2011 at 02:31 AM
EVERY time they tweak anything it gets worse. WTF?
J/K I actually like the new Dashboard. Since I have a metric fuckton of XBLA and Indie games, the old dashboard took forever to load up my games list. Now it's ready in seconds. I call that progress.
Quit your bitching and learn the dashboard before complaining about it.
Posted By: ZHDarkstar (Guest) on December 12, 2011 at 09:07 AM
Why would you say they have no plans to bring back party mode, then quote them saying they plan to bring it back?
And Indie games are easy to find. Bumper two (maybe three?) times to get to Games. Go right to get off featured and onto games and there you go - it's on the main rotating tab. I can't figure out how anyone can take 17 presses to get there, unless they're deliberately not using the bumpers.
Posted By: lol (Guest) on December 12, 2011 at 11:45 AM
Kinect still feels to me like...I dunno....my Rock Band drum set. For a little while it's cool and everyone wants to try it out...but when then novelty is worn off, it just sits in the corner. Haven't seen anything on the Kinect yet that makes me want it for anything more than that initial "Hey, look what I can do! Neat!" appeal.
As for the new dashboard, I hated it until I started playing with it and figured out it's a lot quicker to access the features I use a lot. Im sold, personally.
Posted By: El Wrob (Guest) on December 12, 2011 at 11:46 AM
I'm just nitpicking here, but "Solid" is no longer a part of the new Metal Gear's name - it's just "Metal Gear Rising: Revengeance".
That being said, it looks awesome!
Posted By: Guest#6851 (Guest) on December 12, 2011 at 11:51 AM
I have learned the dashboard. It sucks. For me. See that thing that just happened there? It's called an opinion. I'm happy it works for you.
Me? I just hit the big, shiny X button in the middle of controller and use the nice, simple, clean menus still available there (thankfully).
Posted By: armchair theologian (Guest) on December 12, 2011 at 01:19 PM
I've seen the trailers of Metal Gear Rising and Mass Effect 3, and I'm very excited. Can't wait to play both.
Posted By: Guest#5495 (Guest) on December 12, 2011 at 01:22 PM
Metal Gear Rising looks whack. It seems to be a poor Devil May Cry imitator. Just release Guns of the Patriots on Xbox and I will be happy.
I am pissed that MSFT said they would reinvent the living room and streaming TV but the whole Fios thing was a sham. You can use the app only if you are already a Fios subscriber, but you need it installed at your house. I thought that MSFT would work out an agreement to let you subscribe via your console and bypass the whole installation process.
I only have one cable company, Time Warner, available to me. I thought I would be able to leverage my Xbox to add other options but not really. I would gladly subscribe to Fios if I could get a true subscription via the Xbox, but that isn't the case.
Posted By: Wii60 (Guest) on December 16, 2011 at 11:21 AM
I don't really think Microsoft could allow subscriptions to a cable service through their machine. That would kill your 360 if it had to load all those channels on it's own without the cable box to channel it through. Besides it would probably cost Microsoft more money to do something like that, then offer this app, and Verizon would have to get a majority of the cut.
I don't think they could do it anyway because you would still have region restrictions if they didn't Verizon in your area, that's how cable works pretty much.
Posted By: Sean Garmer (Registered) on December 18, 2011 at 11:52 PM
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