Microsoft is being sued over disc scratching issues with the 360

[HyugaKojiro]

"SEATTLE: A man who claims Microsoft Corp.'s Xbox 360 scratches game discs has sued the company, saying the consoles are "negligently designed and manufactured."

In the lawsuit filed Monday in a Florida federal court, Jorge Brouwer says Microsoft has received thousands of complaints but has not replaced all scratched discs. The lawsuit seeks class-action status.

Brouwer said his Xbox 360 scratched two games, "Gears of War" and "Madden NFL 07," and that Microsoft offered to replace them for a $20 (€14.63) fee. He is seeking more than $5 million (€3.66 million) in damages, according to the court filing."

Source:

http://www.iht.com/articles/ap/2007/07/10/business/NA-FIN-US-Microsoft-Xbox-Lawsuit.php

[Johnny]

"SEATTLE: A man who claims Microsoft Corp.'s Xbox 360 scratches game discs has sued the company, saying the consoles are "negligently designed and manufactured."

In the lawsuit filed Monday in a Florida federal court, Jorge Brouwer says Microsoft has received thousands of complaints but has not replaced all scratched discs. The lawsuit seeks class-action status.

Brouwer said his Xbox 360 scratched two games, "Gears of War" and "Madden NFL 07," and that Microsoft offered to replace them for a $20 (€14.63) fee. He is seeking more than $5 million (€3.66 million) in damages, according to the court filing."

Source:

http://www.iht.com/articles/ap/2007/07/10/business/NA-FIN-US-Microsoft-Xbox-Lawsuit.php



$5 million? Over a couple of scratched disks? Jesus H!
I'll bet he likes to move his 360 around a lot. With the disk still inside. I hear that's a great thing to do to render that lovely GoW disk completely unplayable.

[beatmania]

Greedy man vs greedy corp.
Lawyers win.

[El Santos]

I don't blame dude if the machine did it then he shouldn't have to pay 20 to get it repair. I only agree with myself if he had the disk less then 90 days.

[Skywise]

The lawsuit seeks class-action status.





$5 million? Over a couple of scratched disks? Jesus H!


*points*

The 360 is known for scratching up discs, not just bricking.

[Johnny]

The lawsuit seeks class-action status.





$5 million? Over a couple of scratched disks? Jesus H!


*points*

The 360 is known for scratching up discs, not just bricking.

I'm aware of that but last time I checked, console nor game cost $5 million.

[Chuplayer]

The lawsuit seeks class-action status.





$5 million? Over a couple of scratched disks? Jesus H!


*points*

The 360 is known for scratching up discs, not just bricking.

I'm aware of that but last time I checked, console nor game cost $5 million.

Collectively.

[Lego]

I was waiting for the class action lawsuit for all of the brick'd 360's.

[Azumangaman]

The lawsuit seeks class-action status.





$5 million? Over a couple of scratched disks? Jesus H!


*points*

The 360 is known for scratching up discs, not just bricking.

I'm aware of that but last time I checked, console nor game cost $5 million.

Collectively.

Think about it guys? What if he bought 1000 consoles and 1000 copies of Madden 07 and GoW and individually scratched all of them by knife because he had nothing better to do so he could sue good ol' MS. Think about it :D

[Rhodes]

no but you still need to factor in time money frustration and all the other crap that goes with the machine scratching up your discs.

lawsuits are never about replacing what was lost/damaged... companies would love it if damages was restricted to only the item in question.

its a known and well documented defect... why not recall all 360s and replace them with ones that arent borked?

[AbeChinchilla]

Wow. I had heard little about 360's scratching, but geez. How the heck does a new console scratch the software, Wii aside?

Reminds me of what I thought was a big difference between the fat PS2 (disc is free to roam inside the tray) and the slim PS2 (disc is locked into place).

[Leon_Belmont]

I find it mildly annoying that their citing the 3 year warranty as evidence and bringing this suit up almost immediately after. And they wonder why companies lie out the ass nowadays. Take responsibility for one mistake and society will attempt to ream you for everything you're worth.

Just goes to show MS. Never admit you're wrong. Of all people they should know better.

[Mr. Spiffy-Pants]

Well, $5 million is ridiculous, but if the user can prove that it was not through negligence of his own, I definitely think he should get a free copy of the damaged games plus postage on the condition that he would have to send the damaged discs to MS as a proof of purchase.

[Chuplayer]

Well, $5 million is ridiculous, but if the user can prove that it was not through negligence of his own, I definitely think he should get a free copy of the damaged games plus postage on the condition that he would have to send the damaged discs to MS as a proof of purchase.

CLASS ACTION.

i.e. he's not the only... fuck it. Google it.

[Ender]

I'll bet he likes to move his 360 around a lot. With the disk still inside. I hear that's a great thing to do to render that lovely GoW disk completely unplayable.

The 360 will scratch discs even when you don't move it around. That's one of the reasons I ditched mine, it ruined 3 of my games, and also had a lot of disc read errors. I wasn't going to wait around for the ring of death after that.

[beatmania]

Well, $5 million is ridiculous, but if the user can prove that it was not through negligence of his own, I definitely think he should get a free copy of the damaged games plus postage on the condition that he would have to send the damaged discs to MS as a proof of purchase.

CLASS ACTION.

i.e. he's not the only... fuck it. Google it.

Class action suits usually end with people getting $5 off coupons.

[JeffDM]

I'm aware of that but last time I checked, console nor game cost $5 million.

Collectively.

Collectively, it could be a lot more than that. After all, MS is taking a $1B hit to repair the consoles up to three years from the first units.

Class action is pretty stupid and not worth the time effort or heartache. It's easier to just junk the system and do something else instead.

[Skywise]

Lawyers tend to be the only ones really profiting from class action suits so my guess is that the one in this case was the one that pushed for it.

[HyugaKojiro]

here's some more info on the lawsuit:

http://www.xbox360litigation.com/CM/DefectiveProducts/Xbox-360-class-action-lawsuit.asp

This is the site of the law firm filing the suit, so there's a pdf file of the suit, Kassa is mentioned here as well, and contact info of how to join in if anyone has this problem.