Microsoft sued again over Xbox 360 scratched discs

By Justin Mann on December 9, 2008, 7:10 AM
The Xbox 360 has had its fair share of problems. Overheating, firmware bricking, seemingly random hardware failures and the list goes on. One of the known issues with certain versions of the 360 has inspired an enraged customer to sue Microsoft. In particular, a man from Illinois has decided to take Microsoft to court over scratched discs, where he claims that the console ruined the game discs and rendered them unplayable. This is not the first time for this problem to come up. It was over a year ago that the software giant was taken to court for the same reason.

This particular claim differs in asserting that the Xbox 360 was not “fit for sale”, claiming that the console, when used for normal activity, causes permanent damage to discs making it a product that should never have been sold. Rather than asking for the damaged discs to be replaced, the plaintiff is asking for $50,000 in punitive damages plus legal expenses. Enough to buy heaps of Xbox 360s and games to go with it.

Considering Microsoft has already carried out a very costly recall of the console, one must wonder what their reaction will be over these on-going lawsuits. Having your games destroyed by your console certainly isn't fun, but is it worth $50,000?




User Comments: 6

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Nirkon said:
I think he should ask for me, in fact I think the court could had granted him more if he didn't ask for a specific amount.
purity999 said:
Maybe I just got lucky. I took my 360 to Iraq. Six months of sandstorms, heat and getting tossed around, still works and never had a problem with it. It's an elite that I've had since they came out.
polidiotic said:
Haven't had a problem with mine, either. If they're going to sue for $50,000... might as well make it a class action suit for everyone that's had a bad XBox360. This guy is obviously not the only one that has a defective unit. Sue 'em for a good amount and distribute the money evenly. Cover the cost of a new XBox or something.
nitefang said:
Normally I would say that they should only sue for the minimum amount that would pay for legal fees and repair the damage (so new copies of the games and 1 xbox 360) However every now and then if a company won't listen you need to punish them by putting a dent (even a small one for a big cooperation) in their pocket book. While they probably deserve it I also don't think the plantif deserves $50,000. Personally I would buy a new Xbox 360 a few games, pay my legal fees, and then give the rest to (Nintendo, just kidding) a charity.
yukka said:
i own an original xbox 360 and havent red ringed. its 2.5 years old now and i have stuck it in my rucksack and taken it to friends houses loads of times and its survived being dropped too.my special tip - get a dvd case and lay the 360 on it so all the vents are suspended in the air for maximum cooling :) works a treat for me
TimeParadoX said:
The new update allows you to download games to your hard drive so it doesn't run off the CD any more. It runs directly off the hard drive, a few pluses to this method is lesser noise from the CD spinning, loads content from the game faster (textures, models, etc.) and your CD doesn't scratch since the only thing the CD is doing is doing a check to make sure you actually own the game. And another tip is to have the console on a horizontal angle so it doesn't scratch the CD from gravity.Also, to all the people who keep getting red rings... It's so easy to fix this, get AS5 (Arctic Silver 5) and replace the grease from the processor to the AS5. Then get better fans, not the external crap you buy at gamestop, but the internal ones you can buy off console modding websites. If you are needing a lot more air, put the console on the side and take off the side panel.
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