Microsoft sued over alleged Xbox 360 glitch

Vikingod · Dec 5, 2005, 07:47 PM

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.

Microsoft spokeswoman Molly O'Donnell on Monday said the company does not comment on pending litigation.
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Read More / Source: Yahoo!

Necrosis · Dec 5, 2005, 08:48 PM

Let me guess...millions upon millions of dollars.

If he wanted his money back, and court costs. FINE.

However, this is just some one looking to sue.

Whoa..you farted in my general direction. I'm going to sue you!!!

Vikingod · Dec 5, 2005, 09:03 PM

well, he cant get millions and millions, only what he can prove it damaged (most likely cost and court dues, unless the thing burned up his tv, house,ect.). These types of civil cases arent usually about the money. they are about creating noise to generate change, and are far more effective than the usual class-action crap.

Personally, I am for these types of cases. Companies should be liable for the mistakes they make. Funny thing is, these cases wouldnt be necessary if corporations would admit the mistakes and make progress to vindicate them. It's no secret the XBOX 360 has some technical problems, if MS didnt rush it to beat the Sony to the market, and actually have put out a proper front line of products, things would have been different. If I spent 400.00 on a broken piece of.. electronic equipment, I would want to sue as well.

It shocks me that in this communitee (gamers), everyone is so apt to jump up and defend the companies that are, in my opinion, ruining the industry itself. People pay for broken, unfinished games and hardware, and shake the hands of the companies that sold them junk. Its these corporations that are ruining the industry and the art of it in the first place. Thing is, all it would take to fix this, is to refuse to take this kind of stuff and hold out for better.

WaltC · Dec 5, 2005, 09:30 PM

Smart people who spend $400 on products they don't like do the smart thing--they get their money back through a product return--and they do this because they were smart enough to buy from a satisfaction-guaranteed vendor with such return/exchange policies in place.

I think you'd have to be dumb indeed to sue a company over a $400 product you don't like since court costs and attorney's fees would easily exceed that amount by far. Even if you "won" your money back you'd still be a big loser financially. That's why, just like with this suit, nobody sues over "just one" product--they label it a "class action" instead--and hope to rake in millions of $ just so that the lawyers involved can get at least *half* of any awarded amount. Then, if you happen to be someone who bought the product you can fill out some paperwork, send it into the lawyers, and in about six months, if you're lucky, you *might* get $10 back. Whoopee.

Class-actions are brought by, for, and are about the *lawyers* bringing the suit, never forget. The lawyers get far more out of it than anybody by far. And, never forget, whatever the lawyers manage to extort from a company in this fashion is always added into the price of the other products that company sells. In other words, class-actions brought by lawyers against technology companies amount, if successful, to a hidden tax consumers have to pay in the future--trust me, the companies victimized in this fashion always pass along such costs. Only imbeciles enjoy paying taxes to lawyers, imo.

Believe me, the companies designing and selling hardware know a *lot* more about it than any lawyer ever will. Hint: what was the name of the law firm that sold you your last console?....

If you've ever heard the term "starving lawyer" then you'll have no trouble understanding the root cause of the majority of class action suits filed today in the US.

BWX · Dec 5, 2005, 10:16 PM

They deserve to be sued if they sell millions of dollars worth of defective hardware. Class action suits only work if there are enough people who have been wronged.. At least this way Microsuck will be pressured into fixing the problem, or paying for it. Anyone who thinks big huge companies should be allowed to rip off millions of people without having to answer for it is an imbecile. So just because the justice system is imperfect, big companies should be allowed to rip people off? Nonsense.

Necrosis · Dec 5, 2005, 11:17 PM

I'm not about this guy not getting what he paid for, or even a refund for all the hassle. However, problems like this tend to come up. Every one is just so freaking sue happy now. I'm just not seeing any where Microsoft said they would not fix the units, or even give the money back. Honestly the vendor should get the fall on that, and then they can go cry to MS. The point is the guy should have a reason to sue, a REAL reason. Not to get his 15 minutes of fame, or get some extra cash. Every savy consumer knows you don't buy anthing right when it comes out any way.

Tipstaff · Dec 5, 2005, 11:51 PM

Quote:

Originally Posted by Necrosis

I'm not about this guy not getting what he paid for, or even a refund for all the hassle. However, problems like this tend to come up. Every one is just so freaking sue happy now. I'm just not seeing any where Microsoft said they would not fix the units, or even give the money back. Honestly the vendor should get the fall on that, and then they can go cry to MS. The point is the guy should have a reason to sue, a REAL reason. Not to get his 15 minutes of fame, or get some extra cash. Every savy consumer knows you don't buy anthing right when it comes out any way.

Agreed. I've said this before in another thread, and that is that given the amount of units that were shipped out (900,000 world wide) you cannot garuantee that every single unit will work 100% out of the box. Some people will have problems. That happens with every piece of electronics, whether mass produced, or made by hand. If there are any serious design flaws then hopefully it will be corrected in later revisions, and obviously there is. You can bet that Microsoft is looking into it. They would be commiting financial suicide if they didn't.

Something of interest is that there is no mention of whether or not he even attempted to return or exchange the product, nor is there mention of him talking with Microsoft support in order to correct the issue. Not a peep about it. Why is that? Probably because he didn't even try.

BWX · Dec 5, 2005, 11:56 PM

He should have given MS a chance to correct the problem or give him a replacement.. if he did give them a chance and they refused I understand his suit, if he didn't give them the chance I don't agree with the suit. I am sure we will find out the details soon enough.

Tipstaff · Dec 6, 2005, 04:28 AM

Quote:

Originally Posted by BWX

He should have given MS a chance to correct the problem or give him a replacement.. if he did give them a chance and they refused I understand his suit, if he didn't give them the chance I don't agree with the suit. I am sure we will find out the details soon enough.

Exactly what I was thinking too.

Food for thought: How long has the system been out exactly? Either I'm going senile, or it's been something like, oh, 2 weeks since the system was released, right? 2 weeks (to be exact, 13 days ago). When were the papers filed? Friday. 10 days after the 360 came out. When did this guy hire a lawyer? Probably around 7 to 9 days after the release. When was it that the power supply became a culprit? 3 days after the release, right? I don't know about you guys, but given the time frame, do you think he gave Microsoft, or even the people he bought it from a chance to resolve this? I sure as hell don't think so.

BWX · Dec 6, 2005, 05:07 AM

One thing to think about, it only takes about a second to say "no"... Maybe that's what they told him? hard to say. I am curious about the details surrounding the case for sure.

SFOSOK · Dec 6, 2005, 08:18 AM

Maybe the courts should cut off someone's toe if the court finds them guilty of trying to bleed out rich corporation for more than they really deserve to get.

Dec 5, 2005, 07:47 PM	#1
Vikingod Int'l Fish Liaison Join Date: Jul 2004 Location: By the light of lamp I sit and type... Posts: 16,197 Rep Power: 112 System Specs	Microsoft sued over alleged Xbox 360 glitch 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. Microsoft spokeswoman Molly O'Donnell on Monday said the company does not comment on pending litigation. __________ Read More / Source: Yahoo!

Dec 5, 2005, 10:16 PM	#5
BWX unplugged Join Date: Nov 2002 Location: USNY Posts: 19,669 Rep Power: 110 System Specs	They deserve to be sued if they sell millions of dollars worth of defective hardware. Class action suits only work if there are enough people who have been wronged.. At least this way Microsuck will be pressured into fixing the problem, or paying for it. Anyone who thinks big huge companies should be allowed to rip off millions of people without having to answer for it is an imbecile. So just because the justice system is imperfect, big companies should be allowed to rip people off? Nonsense. __________________

Dec 5, 2005, 11:56 PM	#8
BWX unplugged Join Date: Nov 2002 Location: USNY Posts: 19,669 Rep Power: 110 System Specs	He should have given MS a chance to correct the problem or give him a replacement.. if he did give them a chance and they refused I understand his suit, if he didn't give them the chance I don't agree with the suit. I am sure we will find out the details soon enough. __________________

Dec 6, 2005, 05:07 AM	#10
BWX unplugged Join Date: Nov 2002 Location: USNY Posts: 19,669 Rep Power: 110 System Specs	One thing to think about, it only takes about a second to say "no"... Maybe that's what they told him? hard to say. I am curious about the details surrounding the case for sure. __________________

Dec 6, 2005, 08:18 AM	#11
SFOSOK 939 Goin Strong Join Date: Jul 2005 Location: Ontario Posts: 7,033 Rep Power: 90 System Specs	Maybe the courts should cut off someone's toe if the court finds them guilty of trying to bleed out rich corporation for more than they really deserve to get. __________________ Warning - Explicit Content Preceeding METAL!!

Dec 5, 2005, 08:48 PM	#2
Necrosis HardwareHeaven Extreme Member Join Date: May 2002 Location: Ohio Posts: 8,838 Rep Power: 131 System Specs	Let me guess...millions upon millions of dollars. If he wanted his money back, and court costs. FINE. However, this is just some one looking to sue. Whoa..you farted in my general direction. I'm going to sue you!!!

Dec 5, 2005, 09:03 PM	Thread Starter #3
Vikingod Int'l Fish Liaison Join Date: Jul 2004 Location: By the light of lamp I sit and type... Posts: 16,197 Rep Power: 112 System Specs	well, he cant get millions and millions, only what he can prove it damaged (most likely cost and court dues, unless the thing burned up his tv, house,ect.). These types of civil cases arent usually about the money. they are about creating noise to generate change, and are far more effective than the usual class-action crap. Personally, I am for these types of cases. Companies should be liable for the mistakes they make. Funny thing is, these cases wouldnt be necessary if corporations would admit the mistakes and make progress to vindicate them. It's no secret the XBOX 360 has some technical problems, if MS didnt rush it to beat the Sony to the market, and actually have put out a proper front line of products, things would have been different. If I spent 400.00 on a broken piece of.. electronic equipment, I would want to sue as well. It shocks me that in this communitee (gamers), everyone is so apt to jump up and defend the companies that are, in my opinion, ruining the industry itself. People pay for broken, unfinished games and hardware, and shake the hands of the companies that sold them junk. Its these corporations that are ruining the industry and the art of it in the first place. Thing is, all it would take to fix this, is to refuse to take this kind of stuff and hold out for better.

Dec 5, 2005, 09:30 PM	#4
WaltC DriverHeaven Addict Join Date: May 2003 Location: Deep in Martian soil where it's warm and the air is good Posts: 245 Rep Power: 0	Smart people who spend $400 on products they don't like do the smart thing--they get their money back through a product return--and they do this because they were smart enough to buy from a satisfaction-guaranteed vendor with such return/exchange policies in place. I think you'd have to be dumb indeed to sue a company over a $400 product you don't like since court costs and attorney's fees would easily exceed that amount by far. Even if you "won" your money back you'd still be a big loser financially. That's why, just like with this suit, nobody sues over "just one" product--they label it a "class action" instead--and hope to rake in millions of $ just so that the lawyers involved can get at least half of any awarded amount. Then, if you happen to be someone who bought the product you can fill out some paperwork, send it into the lawyers, and in about six months, if you're lucky, you might get $10 back. Whoopee. Class-actions are brought by, for, and are about the lawyers bringing the suit, never forget. The lawyers get far more out of it than anybody by far. And, never forget, whatever the lawyers manage to extort from a company in this fashion is always added into the price of the other products that company sells. In other words, class-actions brought by lawyers against technology companies amount, if successful, to a hidden tax consumers have to pay in the future--trust me, the companies victimized in this fashion always pass along such costs. Only imbeciles enjoy paying taxes to lawyers, imo. Believe me, the companies designing and selling hardware know a lot more about it than any lawyer ever will. Hint: what was the name of the law firm that sold you your last console?.... If you've ever heard the term "starving lawyer" then you'll have no trouble understanding the root cause of the majority of class action suits filed today in the US.

Dec 5, 2005, 11:17 PM	#6
Necrosis HardwareHeaven Extreme Member Join Date: May 2002 Location: Ohio Posts: 8,838 Rep Power: 131 System Specs	I'm not about this guy not getting what he paid for, or even a refund for all the hassle. However, problems like this tend to come up. Every one is just so freaking sue happy now. I'm just not seeing any where Microsoft said they would not fix the units, or even give the money back. Honestly the vendor should get the fall on that, and then they can go cry to MS. The point is the guy should have a reason to sue, a REAL reason. Not to get his 15 minutes of fame, or get some extra cash. Every savy consumer knows you don't buy anthing right when it comes out any way.