Microsoft apologizes for Xbox Live issues with free Undertow download
by James Ransom-Wiley 
on Jan 18th 2008 12:30PM
196
Reader Comments (196)
Posted: Jan 18th 2008 3:53PM (Unverified) said
"I pity the fool who never played Undertow".
This is one of the best games of the xlive, honestly. We are talking about a full blown game here, is almost as cool as getting Call of Duty 4 for free.
If you think we are getting a bad game here Sir you couldn’t be more Wrong.
Even if I get 800p instead I would probably spend them in Undetow anyway, I’m being serious I was about to buy this game. The best of all is that I was playing offline all this time so the Xlive issue never affected me.
Reply
This is one of the best games of the xlive, honestly. We are talking about a full blown game here, is almost as cool as getting Call of Duty 4 for free.
If you think we are getting a bad game here Sir you couldn’t be more Wrong.
Even if I get 800p instead I would probably spend them in Undetow anyway, I’m being serious I was about to buy this game. The best of all is that I was playing offline all this time so the Xlive issue never affected me.
Posted: Jan 18th 2008 3:10PM flameofdoom666 said
This is one of the highest rated games on ign.com. This is great! I was seriously considering this game... this put a smile on my face! :-)
People complain too much. Microsoft did good, considering Xbox live hasn't really been to bad for me.
People complain too much. Microsoft did good, considering Xbox live hasn't really been to bad for me.
Posted: Jan 18th 2008 3:10PM hvnlysoldr said
Help I've been caught in the Undertow!
I have no apologies for my lame joke.
I have no apologies for my lame joke.
Posted: Jan 18th 2008 3:16PM (Unverified) said
It was only down for about 4 days for tops. With it be a little buggy with the rest of December so I'm very glad I'm getting Undertow, whatever it is.
Posted: Jan 18th 2008 3:17PM (Unverified) said
Undertow was a "looks great, plays great, but not something I'd pay for". Thankfully, I won't have to. (chuckle)
Free Achievements!
Free Achievements!
Posted: Jan 18th 2008 3:32PM Larz said
Cool, Undertow... I like Tool.
Posted: Jan 19th 2008 10:35AM (Unverified) said
Really? I could'nt use live for a month and half and this is how they repay me?
Posted: Jan 18th 2008 4:02PM RPGJock said
Off Topic, sorry but has anyone seen the Team Fremont Live: The Daryl Awards show. One of the most funniest stuff I have seen from a podcast. The line, "You guys bought me a boat" will live in infamy to me.
http://www.vgevo.com/forums/showthread.php?t=69806
http://www.vgevo.com/forums/showthread.php?t=69806
Posted: Jan 18th 2008 4:04PM (Unverified) said
I've already talked about MicroSofts Live fuck up on other sites so I'll save you the grief. However, it's one hell of a kick in the teeth that just when free content is announced my 360 gets the 3 reds! I'm on my 3 one now, but I'm sure nobody wants to hear me moan about that!
Posted: Jan 18th 2008 5:04PM (Unverified) said
instead of complaining, why dont you just be happy that they are giving us anything at all? They could have just basically said "tough shit" and not givin us anything. hell, im happy they are at least giving us something.
Posted: Jan 18th 2008 4:42PM (Unverified) said
I don't want a crappy game I want Live to work. Has MSFT said anything about when it will be back to working for the people it is still not working for?
Posted: Jan 18th 2008 5:44PM (Unverified) said
Crappy game?!,Boot to the head pal.
Yeah I'm sure you can wait to get back online to call everyone a N word or a F** in Cod4.
Reply
Yeah I'm sure you can wait to get back online to call everyone a N word or a F** in Cod4.
Posted: Jan 18th 2008 4:40PM Dale P said
I am happy. I wanted this game anyway but couldn't be bothered to pay for it.
Posted: Jan 18th 2008 4:47PM FakeJamaican said
i'll take it...only because I never had Live problems...everything ran smooth all holidays....so this is just a free game with scuba divers...
NICE
NICE
Posted: Jan 18th 2008 4:53PM CaptNink said
To all the complainers:
MS didn't have to do anything - they could (and should have) just said - "Sorry, we fucked up! Better luck next time."
But they didn't. They gave us something for our troubles, which were trivial to begin with.
So take your gift and shut yer fucking yap.
MS didn't have to do anything - they could (and should have) just said - "Sorry, we fucked up! Better luck next time."
But they didn't. They gave us something for our troubles, which were trivial to begin with.
So take your gift and shut yer fucking yap.
Posted: Jan 18th 2008 4:56PM (Unverified) said
I cant believe people are bitching about this, only in gaming do people cry like little girls when something like this. you think this would apply to everything you pay for. so you paid 20k for a car you think a company is gonna give you anything when it doesnt work properly. how about your internet service you think that verizon or comcast(or whatever you have) is gonna give you anything execpt a sorry for your inconvience will fix as quickly as possoble. Or better yet you buy a new HDD you thing seagate is gonna pay you back for the days it wasnt working or for the info you lost....hell no. just like everything in this world sometimes shit just doesnt do what its supposed to do regardless if you pay for it or not. Now MS actually did so something and you people are still bitching. and for you fanboys you think sony gave a shit when you got disk read errors after the 90 day period. I dont recall seeing nintendo passing out games when they knew that people had problems trying to play them
Posted: Jan 18th 2008 5:52PM (Unverified) said
im tired of all the xbot zombies with the 'tos this' or 'they dont
have to do anything that.'
'o please mr. microsoft, dont whip me, i love you sooo.'
here is a history lesson for all the xbots that think that
complaining about a contract or law actually helped:
there was a time when slavery was LEGAL. the slaves and others
COMPLAINED and no more slavery.
there was a time when workers in america were severely mistreated and
it was LEGAL. the workers stood together and fought back and won fair
rights.
there was a time when segregation was LEGAL. but someone COMPLAINED
and segregation is illegal.
just because they put it in their 'contract' doesnt mean we cant
stand up to them for compensation.
you xbots must sure like it up the ass dont you?
instead of defending the corporation, you should try sticking
together with your fellow consumers.
im sure i could come up with a contract that tells someone to slap
all xbots in the face. some jackass will sign it and have to do it.
dont worry, he is legally bound to do it.
Reply
have to do anything that.'
'o please mr. microsoft, dont whip me, i love you sooo.'
here is a history lesson for all the xbots that think that
complaining about a contract or law actually helped:
there was a time when slavery was LEGAL. the slaves and others
COMPLAINED and no more slavery.
there was a time when workers in america were severely mistreated and
it was LEGAL. the workers stood together and fought back and won fair
rights.
there was a time when segregation was LEGAL. but someone COMPLAINED
and segregation is illegal.
just because they put it in their 'contract' doesnt mean we cant
stand up to them for compensation.
you xbots must sure like it up the ass dont you?
instead of defending the corporation, you should try sticking
together with your fellow consumers.
im sure i could come up with a contract that tells someone to slap
all xbots in the face. some jackass will sign it and have to do it.
dont worry, he is legally bound to do it.
Posted: Jan 18th 2008 8:48PM (Unverified) said
LMAO! Now we're comparing segregation and by extension slavery to VIDEOGAMES!? Are you fucking kidding me?
Gregory Mitchell is perfectly right in that MS doesn't owe you a damn thing. Yes they fucked up. But like countless other NORMAL people have said the same thing happens with EVERYDAY SERVICES we use. Things like television, phones, etc. You don't see people have heart attacks or strokes cursing the makers or providers of those services to get a FREEBIE.
Now since MS did decide to give us something all the people bitching about this fluke need to shut the fuck up take their prize and move on.
I WILL agree though that they should have given everyone a set amount of MS Points to be FAIR. Thats the ONLY thing you guys should be complaining about.
Really stop acting like MS has committed some terrible atrocity towards you like rape or something by have problems with Live. What do you expect when you sell millions of consoles in the span of a few months. Not to mention the fact that most of them are probably new Gold account members putting more strain on the online service.
MS has probably learned from this and I HOPE that they have taken steps to improve it.
Reply
Gregory Mitchell is perfectly right in that MS doesn't owe you a damn thing. Yes they fucked up. But like countless other NORMAL people have said the same thing happens with EVERYDAY SERVICES we use. Things like television, phones, etc. You don't see people have heart attacks or strokes cursing the makers or providers of those services to get a FREEBIE.
Now since MS did decide to give us something all the people bitching about this fluke need to shut the fuck up take their prize and move on.
I WILL agree though that they should have given everyone a set amount of MS Points to be FAIR. Thats the ONLY thing you guys should be complaining about.
Really stop acting like MS has committed some terrible atrocity towards you like rape or something by have problems with Live. What do you expect when you sell millions of consoles in the span of a few months. Not to mention the fact that most of them are probably new Gold account members putting more strain on the online service.
MS has probably learned from this and I HOPE that they have taken steps to improve it.
Posted: Jan 18th 2008 9:18PM (Unverified) said
if you read my reply, you would know i was commenting on all the xbot robots comments about how they just swallow everything that has the word microsoft on it. like you KushielsScion007.
"Now since MS did decide to give us something all the people bitching about this fluke need to shut the fuck up take their prize and move on."
the exact mentality of all the sheep following their 'always right' leader. either you still live at home with your mommy, or your just a spineless adult that accepts anything cause your afraid of the 'man'.
oh, and for your info, i dont have undertow but, guess what. i dont want that game. hard to believe that people have different taste, huh? but i guess your use to not having a choice.
Reply
"Now since MS did decide to give us something all the people bitching about this fluke need to shut the fuck up take their prize and move on."
the exact mentality of all the sheep following their 'always right' leader. either you still live at home with your mommy, or your just a spineless adult that accepts anything cause your afraid of the 'man'.
oh, and for your info, i dont have undertow but, guess what. i dont want that game. hard to believe that people have different taste, huh? but i guess your use to not having a choice.
Posted: Jan 18th 2008 5:12PM horngreen said
Too bad. I played the demo and wiped it from my drive after 5 minutes. Why would I now want to choke my tiny overpriced drive with it now FOR FREE? They should have given a free movie rental instead not that there is anything on there I would want to watch. Oh weel I didn't expect to get anything over a MINOR irritation.
Posted: Jan 18th 2008 5:04PM (Unverified) said
In the last month, this whole ordeal has soured my opinion of Microsoft, most notably Xbox Live, of which I previously had thought to be the better of the three manufacturers. This download only serves to continue this trend of ongoing dislike. It simply feels like I, as the consumer, am being taken advantage of, as I have no other realistic recourse, making this the only tangible reparation. I'll take the free game, but with the same gagging sensation as when I take cough medicine.
Posted: Jan 18th 2008 5:15PM Krow said
should just give us 1000 MS points each, so there would be no problem in if people already have game...
Posted: Jan 18th 2008 6:01PM (Unverified) said
most people deal with customers everyday in every industry.
sounds like you deal in an industry full of retards and whiners, maybe you should have gotten that GED after all.
You really took that personally Grant, and this makes you look like an asshole. Sarcasm is the recourse of a weak mind. And fyi, I do have an education and make close to six figures, customers are brutal monkeys on every level in any industry.
sounds like you deal in an industry full of retards and whiners, maybe you should have gotten that GED after all.
You really took that personally Grant, and this makes you look like an asshole. Sarcasm is the recourse of a weak mind. And fyi, I do have an education and make close to six figures, customers are brutal monkeys on every level in any industry.
Posted: Jan 18th 2008 6:42PM (Unverified) said
What is up with people saying “Read the TOS, MS owes you nothing.”? I question whether or not you understand what you are reading.
16. WE MAKE NO WARRANTY
We provide the Service "as-is," "with all faults" and "as available." The Microsoft Parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
Look at what it LEGALLY says. “We provide the Service ‘as-is,’ ‘with all faults’ and ‘as available.’" MS is saying they are providing a “service” that you paid for, but it may have a few glitches and bugs here and there. When Live shuts down the way that it did, MS was NOT providing a “service,” therefore has no right to charge it’s subscribers.
Secondly, notice “You may have additional consumer rights under your local laws that this contract cannot change.” Every state in the US has something called consumer fraud laws. These laws state that a company can not charge for services they aren’t providing the way they advertise. For those saying things like, “You don’t get your cable bill reduced for this and that” have obviously never dealt with a utility that charges for availability of services during an outage. Remember, this TOS is written with a worldwide market in mind. US customers are protected by consumer fraud laws to stop companies from charging for services they do not provide.
Next, “To the extent permitted by law, we exclude the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.” Consumer fraud laws have accommodations to the “as is” and “no warranty” disclaimers. It is called “as advertised”. If I advertise that I will remodel your bathroom with certain materials, and I come in an do differently do you think you have to pay me for the work? Nope. Warranties are guarantees that things will work a certain way, but with “as advertised” a statement of a minimum amount of service is being made. A contract of sorts. You pay the annual/ monthly subscription rate and Live will have service running for you to use.
Continue to read down on to section 17 of the TOS. If MS knew that they would never have to pay compensation for service because of section 16, why would the very first sentence of section 17 say, “You can recover from the Microsoft Parties only direct damages up to an amount equal to your Service fee for one month.” if they knew they would never have any liabilities?
This isn’t a case of crap happens. It is a case of MS outselling their service’s ability. They weren’t providing the services that they advertised. Plain and simple. Regardless of what MS will tell you about their “no warranty” policy, the laws of bait and switch apply. You can’t get a sale offering something, service or goods, and demand payment when you don’t deliver.
As for the game being compensation? No, however I get the feeling that MS would like it to pacify enough people into letting it rest. It can’t be considered compensation if it is offered to users under non-payment conditions. This whole thing is for MS to save face. It is a nice gesture, but by no means does it devoid their liability or obligations to their customers.
16. WE MAKE NO WARRANTY
We provide the Service "as-is," "with all faults" and "as available." The Microsoft Parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
Look at what it LEGALLY says. “We provide the Service ‘as-is,’ ‘with all faults’ and ‘as available.’" MS is saying they are providing a “service” that you paid for, but it may have a few glitches and bugs here and there. When Live shuts down the way that it did, MS was NOT providing a “service,” therefore has no right to charge it’s subscribers.
Secondly, notice “You may have additional consumer rights under your local laws that this contract cannot change.” Every state in the US has something called consumer fraud laws. These laws state that a company can not charge for services they aren’t providing the way they advertise. For those saying things like, “You don’t get your cable bill reduced for this and that” have obviously never dealt with a utility that charges for availability of services during an outage. Remember, this TOS is written with a worldwide market in mind. US customers are protected by consumer fraud laws to stop companies from charging for services they do not provide.
Next, “To the extent permitted by law, we exclude the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.” Consumer fraud laws have accommodations to the “as is” and “no warranty” disclaimers. It is called “as advertised”. If I advertise that I will remodel your bathroom with certain materials, and I come in an do differently do you think you have to pay me for the work? Nope. Warranties are guarantees that things will work a certain way, but with “as advertised” a statement of a minimum amount of service is being made. A contract of sorts. You pay the annual/ monthly subscription rate and Live will have service running for you to use.
Continue to read down on to section 17 of the TOS. If MS knew that they would never have to pay compensation for service because of section 16, why would the very first sentence of section 17 say, “You can recover from the Microsoft Parties only direct damages up to an amount equal to your Service fee for one month.” if they knew they would never have any liabilities?
This isn’t a case of crap happens. It is a case of MS outselling their service’s ability. They weren’t providing the services that they advertised. Plain and simple. Regardless of what MS will tell you about their “no warranty” policy, the laws of bait and switch apply. You can’t get a sale offering something, service or goods, and demand payment when you don’t deliver.
As for the game being compensation? No, however I get the feeling that MS would like it to pacify enough people into letting it rest. It can’t be considered compensation if it is offered to users under non-payment conditions. This whole thing is for MS to save face. It is a nice gesture, but by no means does it devoid their liability or obligations to their customers.
Posted: Jan 19th 2008 11:36PM (Unverified) said
The point is, that matchmaking, for the most part was not avalible at all. Take a few business courses. These conditions are put into every TOS for two reasons. 1-If the service is free. Silver accounts don't have legal ground to stand on if looking for compensation. 2- It stops people that don't know any better from pursuing the issue further. The facts are that that condition would not stand up in any court, consumer fraud complaint, or BBB report has means of denying compensation to paying members. It isn't advertised "without faults", however it is avertised as giving the user the ability to connect with friends and family and to play multiplayer games online, which over a three week period it did not.
Reply
Posted: Jan 18th 2008 7:11PM (Unverified) said
i think ralphie may said it best. Someone could give you 1 million dollars. would you be happy? NO...thats why Bill Gates and Donald Trump go to work every day.
quit bitchin and just be happy they gave you anything
quit bitchin and just be happy they gave you anything
Posted: Jan 18th 2008 7:20PM mardigan71 said
Like I've said before, *why on earth* would they offer a free game??? Just give everyone a certain amount of free Microsoft Points. That's the fair thing to do. Jees! All the people who already own Undertow will get screwed. That saves Microsoft from having to deal with "what to give all those who already own Undertow".
Posted: Jan 18th 2008 8:18PM (Unverified) said
Thats Hot!
Posted: Jan 18th 2008 8:38PM (Unverified) said
This sucks then that my xbox is in for repair and likely won't be back by sunday...
Posted: Jan 18th 2008 8:40PM (Unverified) said
I already owned Undertow. I called MS tech support and received 800 points refund from a lady who laughed at my jokes and had a cute laugh. If that lady is reading this message, please contact me..
Posted: Jan 19th 2008 3:11AM (Unverified) said
Great! Undertow came out when I was in the middle of a lot of other games and I always thought to myself I'd buy it as soon as I finished the others (still not there yet). Now I can get it for free, so this is just good luck.
...good luck? How unusual.
...good luck? How unusual.
Posted: Jan 18th 2008 10:44PM TRTX said
The irony of course being that Live will begin to have issues starting Wednesday at 2. They will have it fixed in due time...probably by the following Monday.
Whoops.
Whoops.
Posted: Jan 18th 2008 10:45PM (Unverified) said
To NATO_Duke:
I try.
I try.
Posted: Jan 18th 2008 11:30PM Digital Disco said
thanks douchebags! how about REZ HD
Posted: Jan 19th 2008 1:24AM TheGame21x said
While it's cool that MS is doing something like this...I already have Undertow!
Do I not receive anything for my troubles?
Do I not receive anything for my troubles?
Posted: Jan 19th 2008 10:35AM (Unverified) said
why not Pac Man??
Posted: Jan 19th 2008 4:20PM (Unverified) said
My xbox is away on RROD repair, what about my free game?
Posted: Jan 19th 2008 4:49PM arttemis said
O_O
I'd rather have the 800 points to spend on Ikaruga than this... wtf.
I'd rather have the 800 points to spend on Ikaruga than this... wtf.
Posted: Jan 20th 2008 9:09AM Exo said
good game, i was actually going to buy it soon
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