"Of course, these 'absolute power to terminate' clauses are in no way unique to the Xbox Live TOS. While the mass ban provides a useful illustration of their danger, these terms can be found in nearly all TOS agreement for all kinds of services," EFF Adjunct Attorney Ed Bayley wrote. "There have been virtually no legal challenges to these kinds of arbitrary termination clauses, but we imagine this will be a growth area for lawyers."

Friday, December 4, 2009
Ars Technica