First man sues Microsoft over Xbox 360 - bit-tech.net Forums

WilHarris · 5th Dec 2005, 20:19

http://www.bit-tech.net/news/2005/12...soft_xbox_360/

MrWillyWonka · 5th Dec 2005, 20:20

And because this has happens, how many more lawsuits are going to spring up?

I blame Microsoft, they rushed the 360 (which the article also suggests) and now it's bugged with problems. Glad Sony are taking their time with the PS3.

But can you really sue because you've got a faulty product, if MS offers a replacement or refund, what they are doing is within the law, so the guy might not have a case.

The_Maker · 5th Dec 2005, 20:21

Wow...

They had it coming.
If I spent 400$ on a gaming console and it didn't work I would be ticked off too =/

Firehed · 5th Dec 2005, 20:29

Where I work, we had a 360 game come back in scratched to all hell (like, .5mm deep scratch, not wiped it with a paper towel scratch) that was clearly made by the console. First incident I've heard of about that though. However, tack that onto overheating, general glitchiness and PC graphics still pwning (finally saw it in high-def action, utterly unimpressed, but FEAR has a way of doing that), and you have excellent reason for a lawsuit.

Of course, I really doubt it's illegal, and he only stands a chance of winning if he's a college kid who needed to teach himself law (can't be bothered to find a link, google it, something involving ebay and returns). If MS can't provide a replacement in a reasonable amount of time, though, he might have a shot.

That said, I'd still rather risk $400+games+S&D+gouging+etc on a 360 than even think about buying anything else by Sony now.

shadow46x2 · 5th Dec 2005, 20:38

Didn't this happen with the original xbox?...and weren't the "replacements" somewhat faulty as well? You'd think...new console...new equipment....yay for MS using the same crap on the old systems as the new

--j

TheMightySpud · 5th Dec 2005, 20:45

I've been reading a lot about scratched disks today, they seem to be popping up all over the place....

Maybe a repeat of the i-Pod Nano debacle.....

I suppose it's what you get when you try to beat everyone to the punch, you pay a greater price in the long run.

TheMightySpud

Bindibadgi · 5th Dec 2005, 21:00

It's suggested that around 3% have problems, and yea I'd be pissed too but MS are saying they will replace any faulty ones stright away (i read) which is fair enough. I expect that there will be some Sony and Ninty RMAs too.

dom_ · 5th Dec 2005, 21:06

(on the news front page you spelt microsoft Mlcrosoft in the description)

yodasarmpit · 5th Dec 2005, 21:11

How the hell can you sue for a faulty product, if replace or refund is offered.

Going too far, it will get to a point that it won't be worthwile for companies to sell stuff, damned ambulance chaser lawyer types.

lepre · 5th Dec 2005, 21:12

a lawsuit for a bugged console? come on
microsoft always replace falty hw.
i think they hoped the console to be faulty so they could maybe be payed for moral damages?

DivineSin · 5th Dec 2005, 21:18

I think the problem is more in the fact that stores are getting upset with having to replace dead consoles and buggered disks. I've read that some places have stopped replacing these scratched disks, maybe this is why the kid started a class action lawsuit?

It would be different if you could actually -get- a replacement. Were talking about a console that is sold out EVERYWHERE, and you cant get a free replacement via ebay. Even if the store wanted to give them a replacement console, there is no way in hell they would be able too.

yodasarmpit · 5th Dec 2005, 21:31

Quote:

Originally Posted by DivineSin

I think the problem is more in the fact that stores are getting upset with having to replace dead consoles and buggered disks. I've read that some places have stopped replacing these scratched disks, maybe this is why the kid started a class action lawsuit?

It would be different if you could actually -get- a replacement. Were talking about a console that is sold out EVERYWHERE, and you cant get a free replacement via ebay. Even if the store wanted to give them a replacement console, there is no way in hell they would be able too.

Regardless, I'm sure a refund will be available if the console is faulty, to sue is just sooooooooooooooooooooooooooo lame.

DivineSin · 5th Dec 2005, 21:45

Quote:

Originally Posted by yodasarmpit

Regardless, I'm sure a refund will be available if the console is faulty, to sue is just sooooooooooooooooooooooooooo lame.

Haha, i doubt they would be giving refunds. They wont even let people who pre-ordered there xbox360's way back when, and wont get them till the second shipment have a refund. All there offering is in-store credit.

Bindibadgi · 5th Dec 2005, 21:47

Quote:

Originally Posted by DivineSin

I think the problem is more in the fact that stores are getting upset with having to replace dead consoles and buggered disks. I've read that some places have stopped replacing these scratched disks, maybe this is why the kid started a class action lawsuit?

It would be different if you could actually -get- a replacement. Were talking about a console that is sold out EVERYWHERE, and you cant get a free replacement via ebay. Even if the store wanted to give them a replacement console, there is no way in hell they would be able too.

Software, Games on DVDs is down to the retailers or software companies to replace. It doesnt matter if the hardware is sold out cause MS have said they will RMA them directly from MS (at least in merkia).

yodasarmpit · 5th Dec 2005, 21:55

Quote:

Originally Posted by DivineSin

Haha, i doubt they would be giving refunds. They wont even let people who pre-ordered there xbox360's way back when, and wont get them till the second shipment have a refund. All there offering is in-store credit.

Must be different over in the States, as over here if the product is faulty it's a replacement or refund, in store credit can be declined in favour of refund or replace.

MrWillyWonka · 5th Dec 2005, 22:01

Quote:

Originally Posted by yodasarmpit

Must be different over in the States, as over here if the product is faulty it's a replacement or refund, in store credit can be declined in favour of refund or replace.

Easily so, as my friend did with his DS after there were countless dead pixels on it.

I_Slider_I · 5th Dec 2005, 22:31

...and i'm still trying to convince my buddy that it's not worth buying them for a few more months until the next revision comes out.

B3CK · 5th Dec 2005, 22:36

glitching xbox 360 here, but just like the original, i got free shipping, to and from the repair center and had my 360 back within a week.

valium · 6th Dec 2005, 00:59

I don't get this country anymore

I mean what gives you the right to sue someone for faulty equipment if they agree to replace it for you.

-Xp- · 6th Dec 2005, 02:03

I don't know if anyone has seen this video, but...

http://dwl.xbox-scene.com/video/Xbox...tch-Disks3.wmv

5th Dec 2005, 20:19	#1
WilHarris Just another nobody Join Date: Jun 2001 Location: Oxford Posts: 2,671	First man sues Microsoft over Xbox 360 http://www.bit-tech.net/news/2005/12...soft_xbox_360/

5th Dec 2005, 20:20	#2
MrWillyWonka . Moderator Join Date: Jul 2004 Location: Southampton, Hants Posts: 5,746	And because this has happens, how many more lawsuits are going to spring up? I blame Microsoft, they rushed the 360 (which the article also suggests) and now it's bugged with problems. Glad Sony are taking their time with the PS3. But can you really sue because you've got a faulty product, if MS offers a replacement or refund, what they are doing is within the law, so the guy might not have a case. __________________ Project Red - HL2 - PSOne LCD S-Video Guide Main Rig: Asus Striker Extreme, Intel Core 2 Quad Q6600 G0 OC'd to 2.65GHz, 4GB Corsair XMS, 8800GTS in SLI, 36 & 74GB Raptors

5th Dec 2005, 20:21	#3
The_Maker Modder Join Date: Sep 2005 Location: USA Posts: 53	Wow... They had it coming. If I spent 400$ on a gaming console and it didn't work I would be ticked off too =/ __________________ /me needs a sig

5th Dec 2005, 20:29	#4
Firehed Why not? I own a domain to match. Join Date: Feb 2004 Location: An hour north of Boston Posts: 12,576	Where I work, we had a 360 game come back in scratched to all hell (like, .5mm deep scratch, not wiped it with a paper towel scratch) that was clearly made by the console. First incident I've heard of about that though. However, tack that onto overheating, general glitchiness and PC graphics still pwning (finally saw it in high-def action, utterly unimpressed, but FEAR has a way of doing that), and you have excellent reason for a lawsuit. Of course, I really doubt it's illegal, and he only stands a chance of winning if he's a college kid who needed to teach himself law (can't be bothered to find a link, google it, something involving ebay and returns). If MS can't provide a replacement in a reasonable amount of time, though, he might have a shot. That said, I'd still rather risk $400+games+S&D+gouging+etc on a 360 than even think about buying anything else by Sony now. __________________ hire me @ eric-stern.com - web developer and php ninja pics @ my smugmug :: Twitter @firehed :: blog @ firehed.net 40D\|580EXII\|285HV\|AB800\|70-200f/4LIS\|17-50f/2.8\|150f/2.8Macro\|50f/1.8 MacPro @ 8x2.8GHz, 10GB FBDDR2, 3TB HD :: MBP @ 2x2.2GHz, 4GB DDR2, 320GB HD

5th Dec 2005, 20:45	#6
TheMightySpud Multimodder Join Date: Feb 2004 Location: Newcastle-under-Lyme Posts: 81	I've been reading a lot about scratched disks today, they seem to be popping up all over the place.... Maybe a repeat of the i-Pod Nano debacle..... I suppose it's what you get when you try to beat everyone to the punch, you pay a greater price in the long run. TheMightySpud __________________ COMING SOON - Project : Puddlejumper - Custom HTPC Case Build Love.............y'learn all the math in the 'verse.............y'take a boat in the air and you don't love.............she'll shake you off just as sure as the turnin' of worlds.............love keeps her in the air when she oughta fall down.............tells you she's hurtin' 'fore she keens.............makes her home. -- Malcolm Reynolds - Serenity

5th Dec 2005, 20:38	#5
shadow46x2 Minimodder Join Date: Apr 2005 Location: Gainesville, VA Posts: 39	Didn't this happen with the original xbox?...and weren't the "replacements" somewhat faulty as well? You'd think...new console...new equipment....yay for MS using the same crap on the old systems as the new --j

5th Dec 2005, 21:00	#7
Bindibadgi Richard Swinburne bit-tech Staff Join Date: Mar 2001 Location: Omnipwntent Posts: 28,264	It's suggested that around 3% have problems, and yea I'd be pissed too but MS are saying they will replace any faulty ones stright away (i read) which is fair enough. I expect that there will be some Sony and Ninty RMAs too. __________________ Made you look, made you stare, made you clicked this in your underwear! Den of Geek!

5th Dec 2005, 21:06	#8
dom_ ---> Join Date: Jan 2004 Location: uk, south east Posts: 3,936	(on the news front page you spelt microsoft Mlcrosoft in the description)

5th Dec 2005, 21:11	#9
yodasarmpit The other Brett. Moderator Join Date: May 2002 Location: West Lothian , Scotland Posts: 9,664	How the hell can you sue for a faulty product, if replace or refund is offered. Going too far, it will get to a point that it won't be worthwile for companies to sell stuff, damned ambulance chaser lawyer types. __________________ The Rt. Hon. Alexander Boris de Pfeffel Johnson - "Ping Pong is coming home" www.yodasarmpit.com clickr my flickr

5th Dec 2005, 21:12	#10
lepre Supermodder Join Date: Aug 2003 Location: Italy \| brescia Posts: 256	a lawsuit for a bugged console? come on microsoft always replace falty hw. i think they hoped the console to be faulty so they could maybe be payed for moral damages? __________________ Teh Case coming soon............maybe (well...by now it's just a lian li a05b )

5th Dec 2005, 21:18	#11
DivineSin Ultramodder Join Date: Apr 2004 Location: Florida Posts: 1,251	I think the problem is more in the fact that stores are getting upset with having to replace dead consoles and buggered disks. I've read that some places have stopped replacing these scratched disks, maybe this is why the kid started a class action lawsuit? It would be different if you could actually -get- a replacement. Were talking about a console that is sold out EVERYWHERE, and you cant get a free replacement via ebay. Even if the store wanted to give them a replacement console, there is no way in hell they would be able too.

5th Dec 2005, 22:31	#17
I_Slider_I Multimodder Join Date: Oct 2005 Location: The Park Posts: 88	...and i'm still trying to convince my buddy that it's not worth buying them for a few more months until the next revision comes out.

5th Dec 2005, 22:36	#18
B3CK Supermodder Join Date: Jun 2004 Location: Dallas, Texas Posts: 353	glitching xbox 360 here, but just like the original, i got free shipping, to and from the repair center and had my 360 back within a week. __________________ "God loves stupid people, that is why he made so many of them." My best friend at M$ Tech support.

6th Dec 2005, 00:59	#19
valium Supermodder Join Date: Oct 2003 Location: USA, TX Posts: 288	I don't get this country anymore I mean what gives you the right to sue someone for faulty equipment if they agree to replace it for you. __________________ V2 - AMD 4400+ x2, Geforce 7800 GTX, 2x512 Corsair PC3200XL, 2x74gb Raptors (Raid 0)

6th Dec 2005, 02:03	#20
-Xp- Supermodder Join Date: Jul 2003 Location: Sheffield, UK Posts: 557	I don't know if anyone has seen this video, but... http://dwl.xbox-scene.com/video/Xbox...tch-Disks3.wmv