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Man sues Microsoft over alleged Xbox 360 glitch

muzikool

Act your wage.
Political User
#1
From Reuters:

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

The proposed class action suit 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 and Nintendo 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.

Complaints about the problem surfaced quickly on game enthusiast Web sites after the Xbox 360 debuted on Nov. 22.

Console owners reported that some systems had crashed during regular use, as well as during online gameplay using the Xbox Live service. Problems included screens going black and the appearance of a variety of error messages.

At the time, a Microsoft spokeswoman told Reuters: "We have received a few isolated reports of consoles not working as expected."

She declined to say how many reports Microsoft had received and said that calls reporting the issue to the company represented a "very, very small fraction" of units sold.

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.

Microsoft representatives were not immediately available for comment on Monday.
 

Shamus MacNoob

Moderator
Political User
#3
Was only a matter of time .. but in a place where you can sue a kid for bouncing a basketball in the street is anyone really suprised by this?
 

muzikool

Act your wage.
Political User
#4
I heard recently of a guy who tried to break into a store. He injured himself while trying to break a window. He sued the store. :rolleyes:
 

kcnychief

█▄█ ▀█▄ █
Political User
#5
muzikool said:
I heard recently of a guy who tried to break into a store. He injured himself while trying to break a window. He sued the store. :rolleyes:
I have heard similar cases to that when someone broke into a house and cut themselves on a knife.
 

Grandmaster

Electronica Addict
Political User
#6
I also don't understand why he's doing this when he could simply get a replacement from Micrsoft. Obviously he wants to make some quick bucks.
 

ThePatriot

-=[BOHICA!]=-
Political User
#7
It's not so much that people are allowed to bring lawsuits like that up, but the fact that they WIN. Disturbing...
 

fimchick

OSNN Senior Addict
#8
There's such a simple and fault-proof solution to the ridiculously litigious society we live in -- the loser pays for the other parties' legal expenses.

If you sue me, and you lose, you pay my lawyer, you pay all the court fees, and any other money that was wasted on the lawsuit. Oh I GUARANTEE you that we wouldn't have any more idiotic morons suing left and right for the most ridiculous reasons. ;)
 

muzikool

Act your wage.
Political User
#9
I'm going to play the devil's advocate for a minute with this, though. What if it could be proven that Microsoft did rush the 360 to market, knowing that it had issues that might cause consoles to be defective? This appears to be the foundation of the charge -- Microsoft's drive to be the first to deliver, no matter what.

I'd say it's highly unlikely that, with Microsoft's reputation, it would choose to release such a highly-anticipated system that it knows is flawed.
 

Henyman

Secret Goat Fetish
Political User
#10
fimchick said:
There's such a simple and fault-proof solution to the ridiculously litigious society we live in -- the loser pays for the other parties' legal expenses.

If you sue me, and you lose, you pay my lawyer, you pay all the court fees, and any other money that was wasted on the lawsuit. Oh I GUARANTEE you that we wouldn't have any more idiotic morons suing left and right for the most ridiculous reasons. ;)
combine that with no win-no fee type people!! :yowch:
 

Tuffgong4

The Donger Need Food!!!!
Political User
#11
I have no opinion until I find out some percentages of consoles having the problem, I probably never will but without a hard fact I have no opinion.
 

fimchick

OSNN Senior Addict
#12
muzikool said:
I'm going to play the devil's advocate for a minute with this, though. What if it could be proven that Microsoft did rush the 360 to market, knowing that it had issues that might cause consoles to be defective? This appears to be the foundation of the charge -- Microsoft's drive to be the first to deliver, no matter what.

I'd say it's highly unlikely that, with Microsoft's reputation, it would choose to release such a highly-anticipated system that it knows is flawed.
Then he could proceed with a lawsuit only if Microsoft refused to replace his Xbox at their own cost. Doesn't seem like he even cared to try that venue...
 

Grandmaster

Electronica Addict
Political User
#13
Tuffgong4 said:
I have no opinion until I find out some percentages of consoles having the problem, I probably never will but without a hard fact I have no opinion.
Microsoft came out after the launch and said that under 3% of the 360s were malfunctioning. It's not an independant study, but something I thought I should add.
 

Perris Calderon

Administrator
Staff member
Political User
#14
fimchick said:
There's such a simple and fault-proof solution to the ridiculously litigious society we live in -- the loser pays for the other parties' legal expenses.

If you sue me, and you lose, you pay my lawyer, you pay all the court fees, and any other money that was wasted on the lawsuit. Oh I GUARANTEE you that we wouldn't have any more idiotic morons suing left and right for the most ridiculous reasons. ;)
that's a great post and I agree 100%

I beleive there are motions to compensate for court expense, but they are hard to win...they should be made easier

most frivilous lawsuits ARE thown out, and no, most frivilous lawsuits do not win

the story is all in the marketing...people hardly know at all the underlying reasons law suits are won, all they see is the marketing of frivality that's publisized by the respective corporation.
 
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Tuffgong4

The Donger Need Food!!!!
Political User
#16
Grandmaster said:
Microsoft came out after the launch and said that under 3% of the 360s were malfunctioning. It's not an independant study, but something I thought I should add.
thanks for adding that
 

Tittles

Dabba Dooba
Political User
#18
Well from what I was told from the dude at the EB store in my mall I guess the directions tell you not to put the power supply on carpet. It doesn't get proper airflow so then people bitch.

Must be why when the dude put his on a box it solved the problem.

Not sure if any of that wa mentioned in any of the threads but o well.
 

madmatt

Bow Down to the King
Political User
#19
This is a perfect example of what's wrong with our society. Some thing goes wrong with some thing and someone sues. Bogging down our justice system and costing tax payers billions of dollars a year.

This guy is an idiot and deserves nothing.
 

ElementalDragon

The One and Only
#20
you know..... i was kinda wondering when someone would stoop to this level........ was nowhere near expecting it to be THIS soon! jesus christ do people make us in the US look like money grubbing greedy bastards! this guy's lawsuit makes it seem like the guy would sue a cop because the cop shot back after he shot at the cop. or suing the person that came up with the automatic transmission, since it's not "automatic", in that you still have to move the shifter into drive and reverse and park. people like this should be shot, or kept out of the media...... either way would be a good way of not making the US look stupid.
 

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