Microsoft has asked a US district court judge to force plaintiffs in a lawsuit over defective Xbox controllers to go to individual arbitration, saying they had agreed to terms of service specifying that form of dispute resolution. Microsoft argued that the Microsoft Services Agreement mandates that all disputes (except for intellectual property claims) be resolved individually through arbitration, and that any argument about whether or not an issue can be taken to arbitration must also be resolved by an arbitrator. Additionally, Microsoft is claiming that the controllers' warranty agreements also compel individual arbitration for dispute resolution and waive rights to pursue a class-action suit. While the details of the agreement are on a brochure inside the box, Microsoft said consumers who disagreed could have returned the opened controllers instead of using them, and a URL on the box linking to the full warranty agreement also counted as "robust notice" of the terms.
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