Updated to the Kotaku / Refund Clause Issue

I posted this as an update to my last blog posting, but wanted to put it here so it was more likely to be seen:

Update: Some people dispute my reading of this contract clause. That's fine, and that's exactly why I suggest you get a lawyer rather than rely on my word. However, I believe those interpretations are wrong because they are based on the lay definition of the terms "claim" and "notice". Legally speaking, a claim isn't just somebody saying "give me my money back". Here's what a claim is:

To demand or assert as a right. Facts that combine to give rise to a legally enforceable right or judicial action.

To demand or assert a right. Rights are established by law or by other obligation, such as those established in a contract or warranty. You simply can't read legal documents based on the common usage of terms. That's why you should have a lawyer read any contract you sign. And even that's not foolproof. Not all lawyers will interpret this the same, nor will all judges.

So, don't take my word for it, but don't take Kotaku's, and if you haven't had legal training, don't take your own advice either.