Your continued use of the Service is your acceptance of the changed contract, except that Section 18.1.11 permits you to reject changes to Section 18.1 (arbitration agreement) within 30 days of the change.
Creative Commons (CC) does a good job of providing this sort of human-readable standard for content usage rights. I use a CC license on my personal blog that lets people share my original writing as long as they attribute it to me and apply the same license to the work in which they’ve included my stuff. The license, called “Attribution-Share Alike,” includes a human-readable format as well as a more (unfortunately) familiar and lengthy “Legal Code” license, written in mind-numbing legalese.
The existence of the human-readable format does not supersede the legalese format, it just gives lay people an easy way to understand the rights they’re allowed to assert, and the rights they’re required to respect.
When it comes to services like Xbox Live and companies like Microsoft, a little respect for users goes a very long way. The first big company to do something like this would be seen as progressive and probably reap a very positive PR windfall from the initiative.
Let me know what you think about the problem, and my proposal, in the comments.
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.
Image via Microsoft.