Man sues Microsoft over alleged Xbox 360 glitch

[madmatt]

It's just like the lady suing McDonald's over spilling hot coffee on herself... COME ON, IT'S COFFEE!

It's just like some guy's mother suing over her son getting hit my a train... EVEN THOUGH HER SON WAS PLAYING ON THE TRACKS.

There's no difference. It's just pathetic Americans looking for the easy money. People don't want to make an honest living anymore. Except for those of us who end up paying for stupid BS like this (whether it be via insurance premiums or taxes).

 

[Steevo]

1) This is america, the land of the free, free money for everyone but those who work hard for it.

2) I worked at mcdonalds and had their coffee poured over my hand by a manager trying to fill my cup. It isn't THAT hot.

3) Cheeseburger law? Hello.

 

[melon]

First off, Microsoft makes lots of money and won't go broke in court. In fact, they probably already have a staff of full-time lawyers on their payroll anyway. It's part of the expense of doing business, not only to deal with lawsuits such as these, but also for regular legal advice as to how to avoid breaking the law in the process of doing business.

Secondly, I don't know what judge would award lawyer costs for a dismissed lawsuit. If this guy loses, then he pays his lawyer and is done with it.

Third, if Microsoft released the XBox 360 with the same attitude that they release new versions of Windows, then there's probably flaws all over the place. Their attitude is that they can just release bug fixes as the flaws appear. It's more "economical" to do that than to actually try to get it right the first time.

Fourth, I'm not certain of Microsoft's warranty on this console, but will they even have any in stock to replace the ones that are defective? After all, we're talking a console backed up to March 2006, by many estimates.

Anyway, in my view, what authority does this guy have to sue? If Microsoft refused to refund it, that's one thing; but hell...this console hasn't even been out that long. He could probably return it to the store he bought it from! If XBox 360 is a ****ty product, then the best thing that consumers can do is to return their consoles and punish Microsoft in the pocketbook. That's the only way that they'll really respond. Even antitrust suits didn't change Microsoft's behavior, after all.

Melon

 

[LeeJend]

Third, if Microsoft released the XBox 360 with the same attitude that they release new versions of Windows, then there's probably flaws all over the place. Their attitude is that they can just release bug fixes as the flaws appear. It's more "economical" to do that than to actually try to get it right the first time.

Fourth, I'm not certain of Microsoft's warranty on this console, but will they even have any in stock to replace the ones that are defective? After all, we're talking a console backed up to March 2006, by many estimates.

Anyway, in my view, what authority does this guy have to sue? If Microsoft refused to refund it, that's one thing; but hell...this console hasn't even been out that long. He could probably return it to the store he bought it from! If XBox 360 is a ****ty product, then the best thing that consumers can do is to return their consoles and punish Microsoft in the pocketbook. That's the only way that they'll really respond. Even antitrust suits didn't change Microsoft's behavior, after all.
Melon

Third - Wrong, a recall costs 10 times what doing it right the first time would cost. Tearing down a unit means a repair shop at $100 an hour instead of an assembly shop at $10 an hour. Plus shipping, handling, tracking. It's a friggin nightmare (I've done 3 in the last 5 years and only for a few undred parts).

Fourth - warantees aren't worth the paper they are written on. If you don't want it, give it back to us and we'll sell it to another sucker for a 15% discount as used. People are paying $800 on ebay for the things. besides all the money is in the $50 games it costs M$ $2 to make and distribute.

Anyway - damn good point. There are no grounds for this lawsuit. It is a frivilous lawsuit and I hope the state the guy is in has anti-frivilous lawsuit laws so he gets fried and ends up penniless.

Caveat Emptor

For the uneducated:
http://en.wikipedia.org/wiki/Caveat_emptor

PS Just so no one gets the wrong idea - I think Gate$ and M$ are incompetent fraudsters who should be banned from the technology industry, but in this case they really are not very culpable (yet).

 

[Grandmaster]

Fourth - warantees aren't worth the paper they are written on. If you don't want it, give it back to us and we'll sell it to another sucker for a 15% discount as used. People are paying $800 on ebay for the things. besides all the money is in the $50 games it costs M$ $2 to make and distribute.

That's just to manufacture the discs. It costs millions to make a game, and for next gen games the costs are going to balloon further. But still, they make the money from the software so they can recover losses from the hardware...which they weren't really able to do with the Xbox, but they are going to try again with the 360.

Also add in Live (needed to play games online) and micropayments from the Live Marketplace, and that is an additional source of revenue where they are looking to make up losses from the hardware.

And how exactly are Gates and MS fraudsters?

 

[LeeJend]

Windows has been in development 10 years and BSOD is still a way of life.

Windows 64 is now 2 years late to market which really hurt AMD.

But disregarding the technical aspects:
Gate$ and M$ have been convicted of business fraud by the USA government and are well on their way in Europe and elsewhere. That pretty much backs up my assertion they are fraudsters.

 

[NetRyder]

Windows has been in development 10 years and BSOD is still a way of life.

...and you've still been using it for what...more than a decade? If you think the company is so incompetent, how come you haven't switched to Linux yet? Or OS X? Hypocrite. Or better yet, since you feel like you have the authority to judge their competency in software development, perhaps you might be able to do a better job writing an OS of your own, no?

Anyway, stay on topic please. We're not discussing Windows and Microsoft's competency in the software industry here.

 

[Grandmaster]

Partly my fault, I persued the question. But yes, back on topic now.

 

[Steevo]

Xbox 360 = a compilation of hardware that plays games, and mebey moveis and music in high definition. $1,000 on ebay.
My new compy = a compilation of hardware and software that plays games, music, movies, does file seving, printing, remote network access, routing, office and others in surround sound and at the same time in higher definition. $1,800 from newegg.

There are some things money can't buy.
For everything else there is newegg.

 

[ElementalDragon]

lol, nice one Steevo.

and yeah..... usually "Bug fixes" in consoles seem to occur in a re-release of a newer revision of said console (PS2 v14 comes to mind..... think they're up to the 14th revision, right?) and even Xbox has a couple revisions, which i think some of them included slightly faster/better hardware.

 

[madmatt]

First off, Microsoft makes lots of money and won't go broke in court. In fact, they probably already have a staff of full-time lawyers on their payroll anyway.

So just because they make a lot of money it is okay to sue them over BS such as this?

I better take a pay cut, I don't want anyone suing me if I spill my milk.

 

[melon]

So just because they make a lot of money it is okay to sue them over BS such as this?

I better take a pay cut, I don't want anyone suing me if I spill my milk.

You can sue over anything, no matter how asinine it is. You're always guaranteed at least one court date. If the lawsuit is baseless, it'll get thrown out on day 1.

That's part of the cost of doing business. Not everything is 100% profit.

Melon

 

[madmatt]

That's not true. Just because you bring suit against another entity doesn't necessarily mean it will go to court. It will go to a judge but he/she can throw it out before it goes to court. Or you can settle before it goes to court, or even to the judge. A lot of cases have no merit. And yes, it might be a cost of doing business but that doesn’t give idiots like this the right to sue because they aren’t happy with the product or it malfunctioned.

 

[Mastershakes]

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.

I would agree there. They wouldn't release it flawed on purpose. Perhaps the rush caused the flaw to be overlooked?

In any case, if he didn't simply try to have the XBOX replaced, I would imagine they may throw the case out.

 

[rushm001]

So what is he suing for exactly?? The fact that his xbox crashes sometimes??? How can he put a value on that?? It's not like it has mentally scarred him for life! Idiots like this do my head in!

 

[muzikool]

So what is he suing for exactly?? The fact that his xbox crashes sometimes??? How can he put a value on that?? It's not like it has mentally scarred him for life! Idiots like this do my head in!

I think it's his suspicion that Microsoft rushed the consoles to market knowing that it had these issues. That's the only case I can see where he might have a legitimate complaint.

 

[Grandmaster]

All Microsoft has to say is that they were not aware of these issues, unless the guy can come up with some clear cut proof...which would be pretty much impossible.

 

[mlakrid]

It's just like the lady suing McDonald's over spilling hot coffee on herself... COME ON, IT'S COFFEE!

It's just like some guy's mother suing over her son getting hit my a train... EVEN THOUGH HER SON WAS PLAYING ON THE TRACKS.

There's no difference. It's just pathetic Americans looking for the easy money. People don't want to make an honest living anymore. Except for those of us who end up paying for stupid BS like this (whether it be via insurance premiums or taxes).

BINGO... WINNER...

I mean a label on HOT COFFEE warning you ITS HOT? WHat a friggin Loser...

Oh well, this just goes to show what this country is coming too...

 

[Johnny]

This is just another case of a lazy, trailer trash, welfare bum trying to get money. They should take people like that and lock them up for being so stupid. man what a waste ..

 

[tzepp@cox.net]

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.

The other 97% will be opened on Christmas Day :laugh:

or is it called Holiday Day now?