Microsoft Sued Over Alleged Xbox 360 Glitch

[Evil Avatar]

In the "Point and Laugh" category, it seems some dumbass is trying to sue Microsoft (http://today.reuters.com/news/newsArticle.aspx?type=technologyNews&storyID=2005-12-05T192507Z_01_ARM566955_RTRUKOC_0_US-MEDIA-XBOX.xml) because his Xbox 360 locked up once or twice.

A Chicago man who bought Microsoft Corp.'s new Xbox 360 has sued the world's largest software maker, saying the new video game console has a design flaw that causes it to overheat and freeze up.

The proposed class action claims that in Microsoft's bid to gain share in the $25 billion global video game market, the company was so intent on releasing the Xbox 360 before competing next-generation machines from Sony Corp. and Nintendo Co Ltd. that it sold a "defectively designed" product.

Robert Byers, who brought the suit, said the power supply and central processing unit in the Xbox 360 overheat, affecting heat-sensitive chips and causing the console to lock up.
Of course, if he had contact MS technical support, by now he would have a new system instead of what he will end up with - thousands in legal bills and court costs.

[The Letter 3]

Of course, if he had contact MS technical support, by now he would have a new system instead of what he will end up with - thousands in legal bills and court costs.
Yes, but this way is much funnier. And will one day make a good story. That he can tell to everyone else in the homeless shelter.

[fitbabits]

Eejit! Flaming eejit.

[ruprect]

Hmm. . . so if I put my Dell laptop in a place without proper ventilation then it locks up, I can bring a class action lawsuit against them? Seems to me that everyone would have that problem so everyone would qualify.

Nevermind that it says to put it in a place with ventilation and all. . . That just shows you the arrogance of a company assuming that its users are intelligent. They are so desperate for market share they aren't assuming I'm a moron.

[fitbabits]

Just out of curiosity, has anyone tried to sue Sony for the alleged 15% failure rate of the PS2?

[Worldcrafter]

That's a pretty dumb move on his part. I wonder how much he's asking for. What happens when he loses the suit, and then has to call Microsoft's tech support?

"Microsoft XBox support, how can we help you?"
"Yeah, hi, this is John Duemass, I have a problem with my 360."
"Duemass, ah...yes...seems we already have your complaint on file. I'm afraid you voided your warrenty when you sued the company. Thanks for playing!"
*click*

[Abdiel]

If I were MS, I wouldn't turn the guy down. I'd give him his new system with as much fanfare as possible.

Think Eric Cartman and the platinum record announcement.

[Heretic Machine]

Bleh... some people just love attention.

[JRR006]

*point* Bahaha.

Anyway, got that out of my system. This fellow's never been around for a console launch before?

[Citizen Philip]

He's a Sony Ninja. Don't be confused by his ninja mindtricks.

[bapenguin]

Just out of curiosity, has anyone tried to sue Sony for the alleged 15% failure rate of the PS2?

Yup, there was a class action suit and I believe Sony settled. Can't find the link at the moment but you are due some cash or something if you have a PS2 with a certain manu-date.

[The Letter 3]

He's a Sony Ninja. Don't be confused by his ninja mindtricks.
Or perhaps a Nintendo Revolutionary?

My parents always told me that I was special...

[fitbabits]

Yup, there was a class action suit and I believe Sony settled. Can't find the link at the moment but you are due some cash or something if you have a PS2 with a certain manu-date.
Sweet! I'll need to check on this... I've had my PS2 for several years and it may just start to develop issues in about 30 minutes.

[OUX]

He's a Sony Ninja. Don't be confused by his ninja mindtricks.
I thought ninjas came in the night and disappeared without a trace but for their wake of death, like an STD (or STI for those hip to the new hippie health bs)

[Reanimated]

Yah, here's the info on the PS2 settlement, for any that are interested:

http://www.ps2settlement.com/

I got an e-mail from the settlement administrator a few weeks ago.

[[Jez]]

damnit people are retards..... nowadays Darwins law doesnt apply anymore so we need a new method of culling the unfit to breed....

[OUX]

']damnit people are retards..... nowadays Darwins law doesnt apply anymore so we need a new method of culling the unfit to breed....

I am of the opinion that 2 months out of the year ERs should be closed except for children and seniors (children don't know any better and hell the seniors made it this long)

[bean19]

Probably a friend of the attorney filing the suit. Class actions of this nature won't get very much for the claimants, but the attorney should bank if Microsoft settles.

[Abash Alarmist]

I am of the opinion that 2 months out of the year ERs should be closed except for children and seniors (children don't know any better and hell the seniors made it this long)


^I Love It.

[fitbabits]

Probably a friend of the attorney filing the suit. Class actions of this nature won't get very much for the claimants, but the attorney should bank if Microsoft settles.
*rifles through stack of arguments, looking specifically for the one entitled 'lawyers are teh suck'*

[Reanimated]

I am of the opinion that 2 months out of the year ERs should be closed except for children and seniors (children don't know any better and hell the seniors made it this long)




You're too nice. I wouldn't let the kids or old people in.

[JediSanf]

Sweet! I'll need to check on this... I've had my PS2 for several years and it may just start to develop issues in about 30 minutes.

Just so I'm clear on this, Sony gets sued over equipment failure, settles, and it's good times for all while Microsoft gets sued over equipment failure, outcome unkown, and the plantiff is a dumbass. Yes? And we're okay with the double standard, right?

Essentially, what I'm asking is, "What makes one better than the other?" In this litigate or get off the pot society shouldn't we be condemming both?

[fitbabits]

Just so I'm clear on this, Sony gets sued over equipment failure, settles, and it's good times for all while Microsoft gets sued over equipment failure, outcome unkown, and the plantiff is a dumbass. Yes? And we're okay with the double standard, right?

Essentially, what I'm asking is, "What makes one better than the other?" In this litigate or get off the pot society shouldn't we be condemming both?
Well, my comment was meant in jest. I thought that would be pretty obvious, but evidently not. Hence my comment about my PS2 developing issues in 30 minutes. That was in reference to the free-for-all that seems to be taking place as regards to suing people.

This plaintiff is a dumbass because he clearly has no concept of what a console launch is like - there are bound to be failures, not just with consoles, but with every major electronic release (televisions, PSPs, etc.). However, these are not neccessarily indicative of the manufacturer deliberately shipping a faulty product. It's kinks, gremlins, etc.

[Heretic Machine]

Just so I'm clear on this, Sony gets sued over equipment failure, settles, and it's good times for all while Microsoft gets sued over equipment failure, outcome unkown, and the plantiff is a dumbass. Yes? And we're okay with the double standard, right?

Because there is a big difference between 3%-5% and 15% when it comes to failure rates.

[JediSanf]

Well, my comment was meant in jest. I thought that would be pretty obvious.

This plaintiff is a dumbass because he clearly has no concept of what a console launch is like - there are bound to be failures, not just with soncoles, but with every major electronic release. However, these are not neccessarily indicative of the manufacturer deliberately shipping a faulty product. It's kinks, gremlins, etc.

No, I figured as such, especially with the "lawyers are teh suk" comment underneath it. My rethoric was addressed not so much at you personally but at the mentality prevalent among general society that your post illustrated.

And whether the plantiff is a dumbass for not being tolerant of a new product launch or a dumbass for abusing the legal system is anyone's guess. I'm going to assume both for now.

[catkins]

Does this mean I can sue gamestop for not having my 360 in stock yet?

[JediSanf]

Does this mean I can sue gamestop for not having my 360 in stock yet?

Maybe if a pre-order was considered an oral-contract? And then you'd need to prove that they offered "Launch Day" reserves while knowing they'd never be able to fill it.... This is dangerous ground here, I'm gonna shut up.

[catkins]

Maybe if a pre-order was considered an oral-contract? And then you'd need to prove that they offered "Launch Day" reserves while knowing they'd never be able to fill it.... This is dangerous ground here, I'm gonna shut up.

The problem is that they told me I wasn't guaranteed one on launch day. But when I called them two weeks before launch, they told me I was guaranteed one because when I pre-ordered I paid in full.
Then I called a couple of days before launch and BLAMO! They inform me that man will land on the moon again before I get my mits on one. Oh well, now that Oblivion isn't coming out until March I guess I can wait.

[Kelegacy]

Does this mean I can sue gamestop for not having my 360 in stock yet?
Now THAT would be a good lawsuit. A company taking your money for a preorder but then not being able to deliver when said date arrives. It's like a parking district issuing more parking permits than cars, and then ticketing everyone who parks illegally because there are no spots available despite their having permits.

Or maybe it's nothing like that, but it sounded good in my head at the time.

[normyk]

I wonder how often other moderately expensive product manufacturers get sued for doa products (like hard drives grr....) and what the failure percentages are.

Anyway, I would think that he would only have a case if Microsoft denied his service claim. If he bypassed support and their generous offer for replacement and just went to the lawyer then he deserves to go bankrupt over this. If he was left with no recourse then more power to him, but if he failed to even try and get things resolved through normal channels then he is tying up the courts with yet another bullshit case and should be punished severely.

Personally, I think he is just looking for an easy payday.

[Captain Awesome]

He's a Sony Ninja. Don't be confused by his ninja mindtricks.


He'll cut you with his PS2 jaggies?! :p

[Kelegacy]

']damnit people are retards..... nowadays Darwins law doesnt apply anymore so we need a new method of culling the unfit to breed....

http://www.americanangst.com/dingfries.html

[Heretic Machine]

It's like a parking district issuing more parking permits than cars, and then ticketing everyone who parks illegally because there are no spots available despite their having permits.

My university does this. They make a huge amount of money from ticketing people who have permits but can't get a spot.

[Mason]

Gee, I wonder if he'll be able to find some people to pay his legal fees?

You think?

[Kelegacy]

My university does this. They make a huge amount of money from ticketing people who have permits but can't get a spot.
As did mine. Total asshats. Public safety was not about safety, but about making money. It was sick.

[KSmitty]

I think it is a stupid lawsuit, but I wouldn't point and laugh at the guy. I mean hell people have won significant settlements in very dumb lawsuits. Its just a rather silly thing to do when there is a much easier way to remedy the problem.


-K

[easi]

Could this site be any more pro-ms? You always report anything that looks even slightly bad for them with bias and idiotic hyperbole.

This guy is a 'dumbass' for suing a company that sold him a defective product? People expect consoles to 'just work'. Stop defending the obviously catastrophic failure rate. :rolleyes:

[Vandenh]

>Stop defending the obviously catastrophic failure rate.

And the peons strike again!

I am not even going to comment on that post... errr.. oh wait!

[easi]

Don't let my nice troll go to waste please~

[Roman]

This guy is a 'dumbass' for suing a company that sold him a defective product? People expect consoles to 'just work'. Stop defending the obviously catastrophic failure rate. :rolleyes:Way to miss the point.

"The lawsuit, filed on Friday in federal court in Illinois, seeks unspecified damages and litigation-related expenses, as well as the replacement or recall of Xbox 360 game consoles."

Last I heard, Microsoft has been immediately replacing all defective consoles for anyone who has called in, and paid for shipping both ways. Posts from the TeamXBOX forums from people have stated that they have been recieving brand new units, not repaired ones - the serial numbers were different upon return.

The lawsuit is completely useless.

[Smithersnz]

Don't let my nice troll go to waste please~

I thought that MS was replacing all the faulty 360's asap? It looks like the guy is just being a dick. Does he sue every manufacturer that has faulty products? I know the 350 has a "15%" failure rate, but that's what you get for being an early adopter. No-one sues game designers for having buggy games, where the failure rate would probably be a lot higher than 15%. They just wait for the patch, but this guy is just getting his knickers in a knot over it.

And as for the pro-ms statement, I would be of the same opinion if the company was Sony. Sure, they had a class action come their way, but were they providing overnight shipping for all faulty products? I don't know if they were, they sure weren't over here in New Zealand.

Just as an aside, what would happen if you bought your 360 off ebay? Do you still get to have it fixed under warrenty? Or does the EULA state that you don't really own the console, MS does, and by buying it second-hand you lose all rights to support :D .


edit: Beaten like a red-headed stepchild .

[Citizen Philip]

STPO IGNORNG TEH ISUE! SONY NINJAS!Q!!!

I HVAE TEH PROF!!!!!!

http://njaod.ytmnd.com/


http://ninjaworksit.ytmnd.com/


!!!!

[Kelegacy]

Way to miss the point.

"The lawsuit, filed on Friday in federal court in Illinois, seeks unspecified damages and litigation-related expenses, as well as the replacement or recall of Xbox 360 game consoles."

Last I heard, Microsoft has been immediately replacing all defective consoles for anyone who has called in, and paid for shipping both ways. Posts from the TeamXBOX forums from people have stated that they have been recieving brand new units, not repaired ones - the serial numbers were different upon return.

The lawsuit is completely useless.
What will they do with the repaired consoles...if in fact they ARE repairable?

Scary, if they are fucked beyond repair. Hopefully other people dont have machines that shit to bed later down the road. That would piss me off even more than a launch failure.

[RevXwise]

Well the suit also claims that Microsoft sold their product unfinished as to gain an edge in the video game market. I believe this lawsuit could be valid if deep information could be found out within Microsoft that they did indeed release this system early just to gain the competative edge. But, for the most part, I believe that won't be the case and this is just another conspiracy theory that someone is trying to push to gain a few extra bucks.

On another note though, if Microsoft initally had plans to release near the same date as the Playstation 3 but had a perfectly stable machine by then, and instead planned on not completely finishing it and releasing it early, well that would just plain piss me off. (I don't think that is correct grammar at all... but whatever)

[Cha-Ka]

Just so I'm clear on this, Sony gets sued over equipment failure, settles, and it's good times for all while Microsoft gets sued over equipment failure, outcome unkown, and the plantiff is a dumbass. Yes? And we're okay with the double standard, right?

I had the same thought. It's all par-for-the-course with the "Evil Avatar isn't biased...we just know MS is better than everybody!" attitude around here. I guess that's the "...with attitude" part.

[fitbabits]

I had the same thought. It's all par-for-the-course with the "Evil Avatar isn't biased...we just know MS is better than everybody!" attitude around here. I guess that's the "...with attitude" part.
You know, sometimes it pays to read all posts in a thread before posting your own thoughts.

[Murmillo]

No body was pissed off at first with Sony's launch because, it was a launch, but after a while it got old. The lack of Customer Support, the way Sony seemed to NOT care if you had a bad console. You were fucked.. left dead in the water.

Here, Microsoft is doing everything the can in thier power to get you a new console. Comparied to even how they are treating this launch comparied to the xbox launch, how you not be even impressed?

[Paranoia]

The plaintiff is a dumbass without any sort of common sense for the obvious reason.

[catkins]

I think I should mention that when I went into gamestop to pickup Madden for the 360 (I pre ordered that as well) the manager told me that they've been getting alot of calls about the 360 having some problems and the 15% that don't work right. He said it was all an internet hoax and that MS hasn't had any significant problems with the original launch. He did acknowledge that a small % were defunct and didn't work properly, but it was like less than 1%.

Then it happened.

Before I left I informed the manager that I was going to check out the demo 360 they had set up in the store. Swear to god, manager says "Well, you can't right now...it overheated earlier and we had to shut it off." He didn't even blink when he said it. It took every fiber of my being to not pick up that overheated piece of shit and cave in his fucking skull with it.

[Kelegacy]

I think I should mention that when I went into gamestop to pickup Madden for the 360 (I pre ordered that as well) the manager told me that they've been getting alot of calls about the 360 having some problems and the 15% that don't work right. He said it was all an internet hoax and that MS hasn't had any significant problems with the original launch. He did acknowledge that a small % were defunct and didn't work properly, but it was like less than 1%.

Then it happened.

Before I left I informed the manager that I was going to check out the demo 360 they had set up in the store. Swear to god, manager says "Well, you can't right now...it overheated earlier and we had to shut it off." He didn't even blink when he said it. It took every fiber of my being to not pick up that overheated piece of shit and cave in his fucking skull with it.

Haha, great story! Irony at its finest.

[Klade]

Probably a friend of the attorney filing the suit. Class actions of this nature won't get very much for the claimants, but the attorney should bank if Microsoft settles.

Thank you for being one of the few to understand this issue.

Ok since I know a small bit about this topic let me clear some things up.

1) The plaintiff will not be paying 1 single cent to bring this lawsuit. The entire bill will be taken care of in a contegency fee agreement. The lawyer will get a set % of the settlement or judgment if this actually goes to trial (which it probably won't).

2) This is a legit lawsuit. It is not stupid and it will likely result in a judgment in favor of the plaintiff. The reason being that in America products liability is strict liability. All the plaintiff needs to show is that there is a problem with the Xbox 360. Thats it, and then he can recover. Depending on what falvor of products liability he is going after he might need to show more. For design defect they operate under what is basically a cost-benefit analysis - is the cost of fixing the problem when they released it less then what it costs to consumers later on? If yes then plaintiff recovers. To answer this question would require more information in the form of expert witnesses which I'm sure the lawyer will be happy to provide.

3) If you think someone is an asshole in bringing this suit then point your finger at the lawyer cause I feel pretty certain that the plaintiff here is no more then a name on some paper and could care less about the outcome. If the plaintiff wins he will win whatever damages he suffered (probably at most the cost of the console plus a little bit more) - But this is a class action lawsuit meaning that they are suing for every single person that has an Xbox 360 console that is 'defective' or is potentially 'defective' - so add up the number of those consoles and multiply it times the damages of each one (say 400 to $600) and you have the amount of recovery. The lawyer gets a set % (usually 10 to 30%) right off the top of that recovery.

Microsoft knows this and so they will go to the lawyer and offer him some crazy settlement and bam the whole thing is done away with. And since in America you are automatically opted into a class action unless you specifically send notice that you want to opt-out this lawsuit can only be brought against microsoft so many times, and with each time there is a smaller and smaller class of people they are dealing with


So to sum it all up this is a legit lawsuit by a lawyer to get a shit load of money from microsoft, and unless there is nothing at all wrong with the Xbox 360, it will result in a judgment in favor of the plaintiff or a settlement.

[Smithersnz]

So to sum it all up this is a legit lawsuit by a lawyer to get a shit load of money from microsoft, and unless there is nothing at all wrong with the Xbox 360, it will result in a judgment in favor of the plaintiff or a settlement.


Ok, now I'm intrigued. Does this mean that if my new blender broke, I (or my lawyer) could call a class action lawsuit and get money off the manufacturer? Or do I have to prove that it was a problem with more than one blender? It seems a bit strange that all I need to do is show that one piece of equipment is faulty, and then they lose the case. Or do you mean that MS is so keen not to go to trial, they will settle even if it is just an isolated incident?

[Montgomery_Python]

Sounds like a good 'suit. Companies need to be held responsible for crap products (nano anyone?).

[Bubby]

It took every fiber of my being to not pick up that overheated piece of shit and cave in his fucking skull with it.

Over a conversation about a console? Get a grip!

[Tetsuo]

What will they do with the repaired consoles...if in fact they ARE repairable?
Send them to EB and Gamestop and sell them as Factory Reburbished systems for $10 more then used ones.

[Klade]

Ok, now I'm intrigued. Does this mean that if my new blender broke, I (or my lawyer) could call a class action lawsuit and get money off the manufacturer? Or do I have to prove that it was a problem with more than one blender? It seems a bit strange that all I need to do is show that one piece of equipment is faulty, and then they lose the case. Or do you mean that MS is so keen not to go to trial, they will settle even if it is just an isolated incident?

Your talking about a few different issues here. First off if you want to do a class action lawsuit then there needs to be some evidence that there is a class of people affected. So you need some evidence that more then one person has a broke blender. However the specifics of this can be worked out during the lawsuit itself.

To bring a lawsuit you don't need to have a class though, you can just sue in your own right. Of course the reason why this doesn't happen very often is that there isn't any money in it. Your blender broke, it cost 50$, your just suing for yourself, so you can recover about 50$ plus whatever pain you suffered from not having a working blender (almost certainly less then the cost of a new blender) - No lawyer would take this on a contingency fee since the most they are looking to recover here is a sum thats less then 100$. If however the lawyer believed there were 50,000 other people out there with the same problem.. Well now we are talking about a sum of 500,000 and you have your lawsuit.

Another way to go is if you buy your new blender, turn it on, and the blade flys off and hits you in the face blinding you. Now you have your lawsuit as well since you can sue for the damages you have suffered (the cost of being blind).

[Xerxes]

You make a point. But in the grand scheme of things it sounds like a greedy lawyer prompt. Or this dude thinks his broke xbox 360 is worth more than what it is. I mean there is no pain and suffering over a system freezing. It's a annoyance but nothing traumatic.

[score]

I'm suprised that no one has yet mentioned that this is quite obviously part of the Sony viral marketing campaign.

[fitbabits]

I'm suprised that no one has yet mentioned that this is quite obviously part of the Sony viral marketing campaign.
Here, by the way, the reason naebody mentioned it is because it's too bloody obvious! :)

[bean19]

You make a point. But in the grand scheme of things it sounds like a greedy lawyer prompt. Or this dude thinks his broke xbox 360 is worth more than what it is. I mean there is no pain and suffering over a system freezing. It's a annoyance but nothing traumatic.

Actually, a system freezing means a huge interruption in gameplay. If you do not save often, or can't save (God Forbid - poor Core users), then it can mean hours of going back through content.

It is a big deal.

The reason this case is silly is that Microsoft has such a great service with 1-800-4MY-XBOX. He can return the console and Microsoft says they'll fix it or replace it within 5 days. Heck, they are even paying for overnight shipment both ways. That is service!