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Microsoft Sued Over Alleged Xbox 360 Defects

Zonk posted more than 8 years ago | from the bumpy-ride dept.

Microsoft 724

richdun writes "Reuters is reporting that a Chicago man who was lucky enough to purchase an Xbox 360 has filed suit against Microsoft over the overheating and crashing some users have experienced. The man is seeking unspecified damages, litigation expenses, and replacement or recall of all Xbox 360s. While more suits or a class-action is probably on the way, others have sought less litigious solutions."

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fp? (-1, Offtopic)

ylsul (94641) | more than 8 years ago | (#14187916)

woohoo!

Re:fp? (2, Interesting)

ylsul (94641) | more than 8 years ago | (#14187974)

Actually, I'm glad I didn't rush out and invest that kind of cash on the 360. I can't remember, but I don't seem to recall any horrible defects reported when the N64, PS2 or Dreamcast came out. Could this be because of the haste for hype and market penetration?

Re:fp? (2, Informative)

Conor Turton (639827) | more than 8 years ago | (#14188013)

Oh the PS2 had plenty optical drive issues. The PS2 still has issues. The slimline ones don't work with some older games.

Re:fp? (1)

VikingThunder (924574) | more than 8 years ago | (#14188055)

Umm... you really didn't pay attention to the PS2 launch did you?

Re:fp? (2, Informative)

batknight23 (929214) | more than 8 years ago | (#14188131)

Or could it be because of an increasingly complex device (with vastly more complex chips)? The PS2 had plenty of issues (disc drive problems anyone?) at launch.

I would draw a spectrum like this:

NES/SNES/Genesis/N64/Dreamcast | PS2/Xbox/PS3/Xbox360

For the Xbox, PS3, and Xbox360, you have the addition of very powerful GPUs. That chip alone is a vast increase in complexity and HEAT. The PS2 kind of rides the fence because--on one hand--you have a complex system... On the other hand, the clock speeds and heat generated was very low and that helped reduce some of the issues we're now seeing with the next-gen systems.

now way (-1, Flamebait)

Anonymous Coward | more than 8 years ago | (#14187918)

the xbox 360 is fucking perfect in every way. FUCK YOU SLASHDOT!

Re:now way (5, Funny)

Twisted64 (837490) | more than 8 years ago | (#14187969)

Bill, is that you?

Seconded (1)

mike nwdw. (877398) | more than 8 years ago | (#14188108)

UltimateTV works fine might I add.

Fire (5, Funny)

PacketScan (797299) | more than 8 years ago | (#14187923)

Xbox Burn your house down edition.

Non-Inclusive Agreement Policy (-1, Offtopic)

Anonymous Coward | more than 8 years ago | (#14188068)

Yea, Microsoft really tries to burn down houses there. You know something...Mike is a name that is short for Microsoft, so Mike's hard lemonade actually quenches the thirst of these hungry blazes that we call XBOX360. With all of the fire damage that Microsoft will undeniably have to pay, we can be sure that they will lose money on this venture and eventually exit the gaming console sector, perhaps to take what was once IBM's niche in the desktop PC sector. As we see this, Microsoft will now be the hardware manufacturer, likely using the PowerPC chips that the enemy, Apple, once used. It is a dauntless cycle that we must all come to know and realize--but as a corporation, does this fact really matter anymore?
 
  --Mike Gassed

Re:Fire (3, Insightful)

pimpsoftcom (877143) | more than 8 years ago | (#14188122)

I'm going to give up modding the parent +1 insightful in order to post this here, so please do so for me if you can.

The Parent is correct; If you get something hot enough on today's carpeting or by a wall a fire *will* start. And most gamers/computer people I know have stacks of paper - gaming catalogs, cheat code listings, whatever - by there gaming systems anyway so that only increases the danger.

The fact is Microsoft made a really bad mistake out of either gross incompetence or extreme criminal negligence, and instead of being something as benign to the real word as a BSOD that simply needs a reboot to fix, the over heating of the Xbox360 can and will burn your house down if it gets out of hand. Hell it could not just be your house, it could be your city block or your entire town because you do not even need to be an owner of a XBox360 to have a over heated unit start the fire that will end up destroying everythng you own or burn your family alive. Any of the great fires of Boston or Chicago are the perfect example of this.

I am personally glad he is asking for a full recall of every single unit based on these facts, they are unsafe and all should be destroyed, with the company that made them taking the loss for bad design. And I would feel this way even if I owned the company that built them, or if it was Apple or Sun or any of a million other companies. Its not about Microsoft bashing, its about safety and a company needing to take responsibility for a crappy product that was badly made enough to be dangerous to peoples lives and property.

fp (-1, Offtopic)

Anonymous Coward | more than 8 years ago | (#14187926)

first post

When in doubt... (2, Interesting)

w.p.richardson (218394) | more than 8 years ago | (#14187929)

Find a lawyer!

Jeez, you would think that you could just unload the piece of junk on ebay.

Re:When in doubt... (1)

absinthminded64 (883630) | more than 8 years ago | (#14187968)

Sounds almost like Daryl Mcbride lives in Chicago and bought an Xbox.

Re:When in doubt... (0)

Anonymous Coward | more than 8 years ago | (#14187975)

Why should he?

If you can't be sure your product is free from defects, then don't fucking sell it. You don't have a right to lie to make money, or to put lives in danger.

Re:When in doubt... (1)

KarmaMB84 (743001) | more than 8 years ago | (#14188134)

If his unit is defective, he should take it back and get his money back or a replacement. If electronics manufacturers could not sell a product unless they could guarantee 100% that no units would turn out to need a replacement, technology could not exist.

Re:When in doubt... (0)

Anonymous Coward | more than 8 years ago | (#14188136)

Lie? Who lied? NOWHERE on the box does it say "Does not overheat and crash. Does not cause fires"!!

Yesiree, looks like they're in the clear... Bill will sleep well tonight, knowing that his decision to keep that phrase off the packaging was a prudent one.

Re:When in doubt... (1)

kingj02 (698534) | more than 8 years ago | (#14188186)

Jeez, you would think that you could just unload the piece of junk on ebay.
According to NASDAQ [nasdaq.com] , 10% of people who bought an Xbot 360 have already sold it on EBay.

It was only a matter of time. (3, Insightful)

Spazntwich (208070) | more than 8 years ago | (#14187932)

But it's going to set a dangerous precedent if this clown wins. He wants damages? With a defective product, the company isn't liable for anything beyond replacing it, unless there's some signed contract prior to purchase in which the manufacturer guarantees certain things.

Re:It was only a matter of time. (2, Informative)

Zediker (885207) | more than 8 years ago | (#14188094)

Wrong. If a company puts out a product they are entirely liable for anything that product does, whether or not the company knew about it, and whether or not the product was used inappropriately. ex) A lawnmower manufacturer was successfuly sued by a man who injured himself when he picked up the lawnmower and tried using it as a hedge trimmer. ex) Winnebago (sp) was sued by a man who thought cruise control would drive the Winnebago by itself. The fact is, if you put something on the market, you are now responsible for anything that happens with it, good or bad, despite the intelligence or lack their of your customers.

Re:It was only a matter of time. (0)

Anonymous Coward | more than 8 years ago | (#14188128)

Shake your head.

Ford Pinto - product defective - asses sued off
GMC Pickups - product defective - asses sued off
Audi transmissions - defective - asses sued off

All this rim job has to say is he fell asleep with the power brick in his lap, and he is now burned, and his wife can no longer stand the site of his mutilated and discoloured member, and he wins a few million.

Think about how many awards have been made when people dumber than this guy have improperly used properly functioning products, and still won millions.

In the US, anything is possible, even torture.

Re:It was only a matter of time. (1)

Zediker (885207) | more than 8 years ago | (#14188189)

Yep. Engineering students in the states (at least at my college) get to have a seminar or a class on protecting yourself from litigation. They tell you horror storries of unbelievable ignorance, yet people won the lawsuits. It just goes to show, if you dont think about slapping a product warning about something beforehand, some idiot will think they have a good idea, injure themselves, blame your company (or even worse you), and your company (or yourself) will be successfuly sued because your company (or yourself) didnt provide an adequate warning. =P

BSOD (1, Funny)

fembots (753724) | more than 8 years ago | (#14187937)

Problems included screens going black and the appearance of a variety of error messages.

Black Screen Of Death?

Re:BSOD (1, Insightful)

MBraynard (653724) | more than 8 years ago | (#14187989)

*BACKHAND TO FACE*

NOT FUNNY!

Re:BSOD (1)

destuxor (874523) | more than 8 years ago | (#14188064)

Nah, once the power supply explodes you get famous Blank Screen of Death.

Responsibility (5, Insightful)

Eohl (40739) | more than 8 years ago | (#14187938)

I love that the submitter's comments seems to imply that it is somehow more noble for consumers to take the responsibility for defective products on themselves, as opposed to holding the manufacturer accountable.

Re:Responsibility (0, Flamebait)

LWATCDR (28044) | more than 8 years ago | (#14188020)

As someone that has no love for Microsoft I will say that I don't like this law suite.
Microsoft seems to be fixing the problem what will a law suite do but make a bunch of lawyers rich? These law suits don't even really help the consumers. If a company finds a flaw in a product and they let people know and try to fix it they are at a greater risk of a law suite than if they try and cover it up.

Re:Responsibility (5, Insightful)

Eohl (40739) | more than 8 years ago | (#14188058)

Normally I'd agree with you 100%, I'm non fan of excessive litigation. The problem as I see it is that this seems to be an actual hardware defect...or at least a design defect. In any case it isn't something that would be fixable via a patch. A responsible company would recall defective hardware, which seems to be the main thrust of the lawsuit.

Re:Responsibility (5, Insightful)

TheFlyingGoat (161967) | more than 8 years ago | (#14188063)

The manufacturer should be responsible for fixing the problem, not paying damages and legal fees. If the man is awarded damages for some strange reason, every company that unknowingly releases a faulty product is going to get screwed. As a result, testing costs and corporate insurance costs will skyrocket and those costs will be passed on to you and me. Hope you look forward to paying 10-20% more for your next car.

Re:Responsibility (1)

TubeSteak (669689) | more than 8 years ago | (#14188078)

Is it defective if the manual specifically tells you what situations would cause such problems? And that you should avoid them?

This might not even be a design defect. It seems to be limited in scope and is much more likely to be the result of a manufacturing defect.

If MS did not design the product to sit on carpet or in an enclosed space, how can you cry that it's a design defect?

Not to mentione that MS is offering to solve your problem through 1-day shipping.

This isn't the way to do it though (2, Insightful)

Sycraft-fu (314770) | more than 8 years ago | (#14188151)

The way to hold a manufacturer accountable for a new product taht doesn't work as advertised is to take it back. If you buy something that is supposed to work one way, and it doesn't, take it back and get something else (or do without).

Lawsuits should only be for cases where a failure developes out of warantee that is systemic, and the manufacturer refuses to fix the problem. For example a bunch of Canon cameras receantly had failures due to bad CCDs. They were out of warantee, but it was a defect in all of them, thus they were fixing them for free. Had they not, that would have been an appropriate situation for a lawsuit.

This is just a money grab, nothing more. A videogame console is not a necessity of any kind, and even if you bought it opening day you are still well within the return period. Just take it back, and tell them why.

Re:Responsibility (1)

Jeffrey Baker (6191) | more than 8 years ago | (#14188167)

Normally the retailer is responsible for the implied warranty on the items they sell. So if you bought an Xbox at Best Buy and it crashes, your beef is with Best Buy, not Microsoft. If the product is genuinely dangerous, sets your house on fire, and disembowls your children, then you have a case against the manufacturer.

Until recently, that is. These days it seems fashionable to directly take your complaint to the manufacturer. I think that's lamentable because in some ways it takes the retailer off the hook.

This is one thing I don't like about this country (5, Interesting)

the_humeister (922869) | more than 8 years ago | (#14187939)

Anyone can sue anyone else no matter how stupid it is, and there won't be any repurcussions except more money for the lawyers. What we really need is some system in place where the loser pays to further discourage stupid lawsuits.

I think there's some sci-fi book where the loser and his lawyer dies. That might work too, but I don't think most people would go for that.

Re:This is one thing I don't like about this count (1)

Zendar (578450) | more than 8 years ago | (#14188006)

I agree. This loser should just return the unit then, but I bet he bought it on ebay for $2500, which makes him an even bigger loser.

Re:This is one thing I don't like about this count (0)

Anonymous Coward | more than 8 years ago | (#14188028)

I think there's some sci-fi book where the loser and his lawyer dies. That might work too, but I don't think most people would go for that.

It would be very popular if it was just the lawyer who died. Yay, a reason to litigate at last.

Re:This is one thing I don't like about this count (0)

Anonymous Coward | more than 8 years ago | (#14188054)

And I am waiting for someone to claim that a neighbor used more than his share of air.

On another note, if a car company would sell efective products, you bet that someone will seek damages. Why not in IT? Because MS owns most of the industry and has deep pockets.

If you think making the loser pay is a good idea.. (5, Insightful)

CyberLord Seven (525173) | more than 8 years ago | (#14188115)

then try this on for size.
The RIAA takes you to court, pays outrageous legal fees (which they can afford), files for extensions, appeals and whatever until you run out of money and can no longer defend yourself.
Then you lose.
Now you have your legal fees, plus theirs!
Do you still think making the loser pay all legal fees is a good idea?

X-Box 360 (0)

Anonymous Coward | more than 8 years ago | (#14187943)

360 must mean 360 degrees....right?

Re:X-Box 360 (0)

Anonymous Coward | more than 8 years ago | (#14188087)

Kelvin

Why not just return the thing? (5, Insightful)

aflat362 (601039) | more than 8 years ago | (#14187945)

If you aren't happy with the 360 why not just take it back? Why does everything have to resort to a law suit?

Re:Why not just return the thing? (0)

Anonymous Coward | more than 8 years ago | (#14187988)

Give him a break, he's from Chicago. This is what they do for fun over there.

Re:Why not just return the thing? (4, Insightful)

Anonymous Coward | more than 8 years ago | (#14188010)

Money.

Re:Why not just return the thing? (2, Interesting)

Gr33nNight (679837) | more than 8 years ago | (#14188025)

I guess it depends on circumstance. If I just walked into a store, got a 360 and took it home and it didnt work, sure I would return it. But if I waited in line 6 hours, fought customers just to purchase a broken item for my kid who is crying, then if I called Microsoft and got the run around, hell yeah I would sue. Of course I dont have the whole story, so he could just be wanted to cash in.

Re:Why not just return the thing? (5, Insightful)

SA3Steve (323565) | more than 8 years ago | (#14188067)

So you would sue because you had to wait in line and decided to fight with other customers? Should you sue Best Buy then or wherever you bought it from? How about the customers who decided to start fighting? Did you spill some coffee during this fight? You could probably sue for that.

If I purchases an XBox 360 and it wasn't working, I'd be pissed...and I'd call Microsoft and demand a replacement. If they rejected that, I'd put a stop order on the credit card payment or I'd just return it to the store. Is this guy sueing for emotional damanges or something pathetic like that?

Re:Why not just return the thing? (1)

js3 (319268) | more than 8 years ago | (#14188096)

silliness. what difference does that make? Companies make things that break all the time. If I buy a harddrive that dies after 1 month, I send it back for a replacement, not file a lawsuit

Re:Why not just return the thing? (5, Insightful)

Ced_Ex (789138) | more than 8 years ago | (#14188112)

I guess it depends on circumstance. If I just walked into a store, got a 360 and took it home and it didnt work, sure I would return it. But if I waited in line 6 hours, fought customers just to purchase a broken item for my kid who is crying, then if I called Microsoft and got the run around, hell yeah I would sue. Of course I dont have the whole story, so he could just be wanted to cash in.

Maybe those kids are spoiled and should be brought up not to whine and cry because they don't always get what they want.

Re:Why not just return the thing? (5, Insightful)

Gulthek (12570) | more than 8 years ago | (#14188140)

You would sue out of annoyance? You would be understanding if someone sued out of annoyance?

It would take severe bodily harm resulting from normal, advertised use of the product to get me to sue.

Like, if, the XBox 360 randomly rockets forward out of the entertainment center at my head. Or if the controllers spiked your hands, or emitted powerful electric shocks. Something, you know, that's actually serious.

Re:Why not just return the thing? (1)

JBark (170224) | more than 8 years ago | (#14188030)

Yeah, or just call tech support. If your x360 needs to be replaced, they overnight you an empty prepaid overnight box. Drop your x360 in the box, ship it back, they'll repair or replace it, and overnight it back to you. The whole process takes about a week.

Sounds like a great service policy to me, and a hell of a lot easier than filing a lawsuit.

Re:Why not just return the thing? (1)

buffer-overflowed (588867) | more than 8 years ago | (#14188177)

Dude, that sucks. It's not Sony PSP/PS2-level suckage, but it still sucks. Ya know what Nintendo does? You call them up, give em a CC number, they next-day or same-day you a replacement unit and a pre-paid label to ship the defective one back. No questions asked, free of charge unless the defective bit doesn't arrive in a week or so(or you ripped the guts out or something). Total turn-around time, under a day. I think they're even doing that with software problems. And they don't generally have problems to begin with(the front-loading NES defect took YEARS to show up, and that was the 80s), it's fisher price style durable shit.

They were doing that with DSes that had a single stuck or dead pixel, it was in drastic contrast to Sony, and it's still in contrast to MS. Who apparently failed to engineer a toy for the conditions it would be used under. It's nice to see MS is trying to emulate Sony even in the "never buy a first-run product" category.

Re:Why not just return the thing? (3, Funny)

Dr. Eggman (932300) | more than 8 years ago | (#14188034)

Because the objective is to make money while playing your XBox 360.

Bonus points if you burn down the courthouse during a demonstration!

Re:Why not just return the thing? (2)

pilybaby (638883) | more than 8 years ago | (#14188073)

Why does everything have to resort to a law suit?

Easy. Greed and money.... oh and it often works.

Re:Why not just return the thing? (1)

shawn(at)fsu (447153) | more than 8 years ago | (#14188091)

Because when he spent 2000 dollars plus to buy it off eBay he didn't pay attention to the "all sales are final" bit at the end.

Seriously though I don't know. I've had bought a lot of products in my life that didn't and have returned them. Product x doesn't work as well as it did in my imagination, oh well life moves on. I suspect he doesn't want to give it up. He wants his cake and eat it too. Seems slightly ridiculous to me.

That's fine and dandy.... (1, Interesting)

Anonymous Coward | more than 8 years ago | (#14188166)

If you aren't happy with the 360 why not just take it back? Why does everything have to resort to a law suit?

But what if he can't take it back? That's the thing that really pisses me off about electronics, software, and music: once you open the fucker, you can't return it in many cases. It really pisses me off regarding the EULAs for software, either accept it or don't use it, either way you bought it and therefore the publisher and retailer gets their money! I'm sure for that reason, EULAs can't be enforced in court - at least with store bought software.

I don't know what my point is. I've stopped buying electronics and music. I only buy software when I really have to. Otherwise, I live without it.

Re:Why not just return the thing? (1)

knarf (34928) | more than 8 years ago | (#14188170)

Why, because there are those golden mountains on the horizon. That is where that friendly lawyer said the class action would take them. And remember, no cure no pay so what have you got to lose? ...

What defect? (2, Funny)

Anonymous Coward | more than 8 years ago | (#14187947)

The X-Box is working perfectly fine ... in fact I'm posting this from my X-Box's web br*%$#)$%&({@{($*#){[NO CARRIER]

oh they have... (5, Funny)

axonal (732578) | more than 8 years ago | (#14187948)

"...others have sought less litigious solutions."

Oh they have [smashmyxbox.com]

Obligatory. (1)

Real World Stuff (561780) | more than 8 years ago | (#14187960)

1) Stand In Line for Xbox 360
2) Wait for something to go wrong
3) ???
4) PROFIT!!!

You now know what the ??? stands for. How dare he impunge the mighty mighty Microsoft.

dear god. (1)

abstractrude (935296) | more than 8 years ago | (#14187962)

didn't see this one coming...

don't do this!! (4, Funny)

akhomerun (893103) | more than 8 years ago | (#14187966)

come on people! you know that by suing microsoft for admitting mistakes, you are only going to encourage them to cover up future problems instead of addressing them!

while I am not a fan of our "sue-happy" society... (5, Insightful)

GReaToaK_2000 (217386) | more than 8 years ago | (#14187972)

I think it is about time someone took a stand against companies pumping shit out to the customer before it is ready. Especially since it is obvious this was done to beat the Xmas season...

In addition, I don't like the way it was posted... "a Chicago man who was lucky enough to purchase an Xbox 360"... OH PLEASE!!!! "lucky enough" You make out to be some amazing thing... It's JUST a GAME BOX!!! Hello!!!

WoW!! When playing games is THAT important life must be truly sad.

Re:while I am not a fan of our "sue-happy" society (0, Troll)

NineNine (235196) | more than 8 years ago | (#14188083)

In addition, I don't like the way it was posted... "a Chicago man who was lucky enough to purchase an Xbox 360"... OH PLEASE!!!! "lucky enough" You make out to be some amazing thing... It's JUST a GAME BOX!!! Hello!!!

Tell that to the Apple fanatics. Those people see nothing wrong with spending half their lives wiating in line for each new plastic gadget that Apple makes every few months. "Sure I waited in line for 2 hours! It was OS X version 1.2.5.5! It's MUCH better than 1.2.5.4, and it ONLY cost me $200!"

To Paraphrase: (5, Funny)

DoctorPepper (92269) | more than 8 years ago | (#14187979)

"You smell that? Do you smell that?... litigation, son. Nothing else in the world smells like that. I love the smell of litigation in the morning."

Was it necessary to rush? (1)

gasmonso (929871) | more than 8 years ago | (#14187982)

Many articles claim that M$ was rushing out the Xbox 360 to beat rivals Sony and Nintendo. I found that slightly odd since neither of them ever planned to release until next year. M$ was really trying to get that overpriced box out by Christmas and ca$h in. I bet some hackers will find the problems and have a patch out before M$ even admits a problem.

gasmonso http://religiousfreaks.com/ [religiousfreaks.com]

Re:Was it necessary to rush? (2)

Mr. Grimm (599800) | more than 8 years ago | (#14188106)

Do you think you can cram more dollar $ign$ into that $entence. I really don't know how $trongly your feeling$ are for M$. Or i$ it that perhap$ your keyboard broken and it'$ the only letter that look$ like an $.

Behold the fury of M$ Rage! Hahahahaha!

And there goe$ my $light po$itive karma I had built up.

Re:Was it necessary to rush? (1)

rAiNsT0rm (877553) | more than 8 years ago | (#14188129)

Umm, except the problem is the massive thick plastic enclosed power supply as well as the overheating of the console itself. Basically the only "hack" needed is to take the case off both the PSU and console and buy a box fan to blow on it 24/7.

Also, to those who dismiss the disc scratching as stupidity on the owners fault for "dropping" the Xbox 360 while it is running... I have seen with my own eyes the fact that repeatedly you can make it destroy a disc just by having it on a shelf and jumping in the room. Just the vibration from the jump makes the 360 scratch the disc. ... so add into the "hack" a fluid vibration dampening system and you got a playable console! Easy, I mean what is the hubub about here?

Re:Was it necessary to rush? (2, Informative)

Unequivocal (155957) | more than 8 years ago | (#14188147)

This might have been true for the original XBox, but the XBox 360 is based on a "Trusted Computing" model which appears to be pretty hard to hack. It includes hardware based security to ensure that nothing which hasn't been signed/approved by Microsoft will run on the box. There are efforts to hack [free60.org] the thing but success has not been seen yet. I wouldn't count on a lot of help from "hackers" in fixing problems with this device. It looks like for the foreseeable future, it's MS or no one..

You Are Dumb (1)

amliebsch (724858) | more than 8 years ago | (#14188163)

I bet some hackers will find the problems and have a patch out before M$ even admits a problem.

Unlikely, since (a) it is a hardware defect, and (b) MS has already admitted that some manufacturing defects occurred, and are replacing the faulty components.

How about suing for availability! (-1, Troll)

Anonymous Coward | more than 8 years ago | (#14187984)

He might not have the strongest case since there's only like what- a couple of
  360's out there! ;-)

No recal, (1)

steveo777 (183629) | more than 8 years ago | (#14187986)

But maybe an add on. Microsoft could send out "cradles" made of some wire-frame and a fan (seperate powersource) for the P/S. It would elevate the supply and keep it cool. There would probably be a longer cord that leads into the 360, I'd say about 20-30'. Plus an A/C reimbursment check for those too-toasty winter nights of Perfect Dark.

Then again, maybe they'll just tell you too keep it in the mini-fridge, with your beer.

Re:No recal, (1)

Zendar (578450) | more than 8 years ago | (#14188044)

Why didn't they just keep the PSU inside of the XBOX? It would add maybe 2-3" of depth. That brick is HUGE!!! I also don't like the external hard drive but that's another story.

Bout time (-1, Troll)

Anonymous Coward | more than 8 years ago | (#14187987)

This is exactly why a) I will never buy any Microsoft products, including the Xbox and why b) I play PC games instead.

Re:Bout time (0)

Anonymous Coward | more than 8 years ago | (#14188176)

Are you implying you play PC games on a mac?

lol.

My pockets hurt (1)

whitepony02027 (789363) | more than 8 years ago | (#14187990)

Behold the power of bottomless pockets!!! Waste time with R&D or even a beta test? Hell know why? because when the issues come up you can just throw money at the problem! First to market is truly the only thing that matters.

Software Beta, Hardware Beta (5, Insightful)

fembots (753724) | more than 8 years ago | (#14187996)

First iPod Nano then Xbox 360.

Am I seeing a commercial trend where hardware companies are increasing confident to roll out their products even if they are not thoroughly tested, simply because these companies know they have enough fanboys to buy anything they sell?

It's also interesting to see that these hardware companies are also software companies, who are regularly rolling out "beta" software to the public.

Re:Software Beta, Hardware Beta (1)

js3 (319268) | more than 8 years ago | (#14188125)

yea what a trend. previously the cars we bought didn't break, the harddrive we bought were all perfect, I got a scratch on my nano so I'm suing. My xbox overheats so I'm suing. americans..

So what... (1)

creimer (824291) | more than 8 years ago | (#14187998)

Would anybody be suing Microsoft for a overheating console if they weren't sitting on a mountain of cash and losing money on every XBox 360 console sold? Sheesh...

Just buy a cheap fan to cool down the console. Did that for the Dreamcast and Playstation when I was working at Accolade/Infogrames/Atari. Of course, those consoles weren't design to be running 12 hours a days.

Class Action (4, Insightful)

ehaggis (879721) | more than 8 years ago | (#14188000)

Unfortunately it is a class action lawsuit. The individual(s) will recieve a $1.25 check 10 years from now while the lawyers rack up $400/hr fees. Microsoft will issue a non-mea-culpa and continue life as usual, short $100 million, a drop in the bucket.

The Manual (5, Insightful)

TubeSteak (669689) | more than 8 years ago | (#14188008)

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.
I'm guessing he didn't RTFM. It tells you where not to put your Xbox (carpets, enclosed spaces, etc.)

Is it a design defect if you're specifically told what the 'problem' is and how to avoid it?

FYI I'm not talking about chainsaws that can accidentally cut your face off, more like a car owners manual that says "keep your radiator topped off or else your engine will overheat." Or in this case, don't put your Xbox in certain places, or it will overheat.

Re:The Manual (1)

Winterblink (575267) | more than 8 years ago | (#14188102)

You don't know where he had situated his power supply, any more than he knows any actual real numbers on the number of defective units.

hardware vs software (1)

user317 (656027) | more than 8 years ago | (#14188017)

I wonder if software held as much liability as hardware if we would have better software in the market, or if it would essentially hinder sofware development in the long run.

MS Should Just Recall (4, Insightful)

TheFlyingGoat (161967) | more than 8 years ago | (#14188022)

If Microsoft just recalls all of the power adapters (which seem to be most of the issue), and replaces them with a different design that allows airflow underneath, they can basically stop this lawsuit and any others that are bound to come up. The other option would be to provide a free plastic base to all XBox360 owners that would snap on the bottom of the system and raise it up an inch from the surface.

People who sue over this stuff are worse than companies that unknowingly release a faulty product. There are better resolutions than calling a lawyer, like returning the system, waiting on a recall, or hacking it up with a string.

The perfect exchange (3, Funny)

AutopsyReport (856852) | more than 8 years ago | (#14188023)

So in exchange for an overheating and crashing Xbox 360, he will be facing the wrath of an overheating Balmer (sweaty armpits, soaked forehead) and his crashing chairs in the courtroom? :)

This is getting ridiculous (5, Insightful)

crass751 (682736) | more than 8 years ago | (#14188032)

Have things really gotten to the point when everytime we don't like a product we sue the manufacturer? What happened to the days when if a product wasn't what we expected it to be we simply told our friends not to buy one and didn't buy from that manufacturer again? Are companies required to produce products that every single person in the world likes otherwise be victims of a lawsuit? Are standard defects valid causes for suits? We (well Slashdot population) all know that no process is 100% defect free, even a 6 sigma process still has 3.4 defects per million opportunities. Are we that litigious? How long before someone sues a restaurant because their steak was medium instead of medium rare?

This is absolutely insane.

Re:This is getting ridiculous (0)

Anonymous Coward | more than 8 years ago | (#14188190)

Have things really gotten to the point when everytime we don't like a product we sue the manufacturer?

Yes. Wow, that was an easy one.

0W|\|D (0, Flamebait)

penguinix (861079) | more than 8 years ago | (#14188033)

OWND!! T3H N00BS

Reminds Me of... (2)

Private.Tucker (843252) | more than 8 years ago | (#14188036)

The SNES that melted down when someone plugged in their new copy of Super Metroid and tried to play it. On the other hand, I think it was BBSpot.com that best said it when "Microsoft (was) bridging the gap between Consoles and PC's" when they released the 360 Crash edition.

Bad Publicity? (1)

tyler083 (775626) | more than 8 years ago | (#14188049)

I wonder if the person is really thinking they'll win this or if they are just trying to smear micro$oft's name. Anyone have any more info?

Good for him... (1, Insightful)

rAiNsT0rm (877553) | more than 8 years ago | (#14188052)

Really, generally I am anti-lawyer and against frivolous lawsuits, but thi sis not one of them. This is a legitimate complaint and I believe that when the final numbers are known, that the number of defects will be much larger than MS is claiming. Also, MS support has been absolutely terrible when it comes to dissatisfied 360 owners, simply telling them to unplug and replug the system and call back.

To build such hype and such "demand" and then release a rushed faulty product should be punished. People need to stop this before everything is "beta" quality and we are all testers. What will become even worse is this Dec. 25th and the following days, I believe there will be many more unhappy folks once little Suzy and Tommy unwrap their shiny new Xbox 360 and it fails to operate or crashes continually or destroys their games... which is another thing: If you have a Xbox 360 and it destroy's your game by leaving the "360" degree circle of death scratch, MS's great response is that they will send you a free copy of PDZ. Umm, my copy of PGR3 is scratched... have a free PDZ! Not quite stellar customer support.

The 360 and PS3 amount to basically a giant pissing match between Sony and MS... the problem is that they forgot what the real aim of a console is: Easy, Fun, Enjoyment. Not Ghz, RAM, Polygons FTW.

Re:Good for him... (1)

Brunellus (875635) | more than 8 years ago | (#14188109)

The 360 and PS3 amount to basically a giant pissing match between Sony and MS... the problem is that they forgot what the real aim of a console is: Easy, Fun, Enjoyment. Not Ghz, RAM, Polygons FTW.

No, they haven't forgoten what the aim of a console is: profit.

Re:Good for him... (0)

Anonymous Coward | more than 8 years ago | (#14188169)

F*%$ You all and your stupid lawsuits. Get over yourself you money grubbing POS!!! Really, lets get completly real here. Why do YOU think this is legitimate? M$ has no obligation, as mentioned before, than to replace the console.. THAT'S IT!!! Here's a tip and I hope that it's loud and clear ... IT'S A FIRST GEN XBOX 360, there may be some issues but if you think by slamming M$ with a class action lawsuit is going to fix it, think again ... YOU LOOK LIKE A FUCKIN ID10T!!!! Get a life or go kill yourself you stupid fuckhole!!

Ridiculous (3, Insightful)

Anonymous Coward | more than 8 years ago | (#14188076)

I don't see how there could be any grounds for a case. There certainly is no way that this guy can demonstrate that Microsoft hasn't been acting in good faith with customers or that there's been any sort of cover up. The Xbox360 has been out barely a week.

Not to mention that the first generation of anything often has problems. This certainly isn't unique to Microsoft. This is what happens when consumers crap themselves over something new and have to be the first ones to get it. They get screwed waiting in long lines, paying more than they should and having a potentially defective unit on top of all that.

Anyone with a little sense would wait a few months until those initial problems were addressed and then waltz into any store and choose from one of the dozens of unclaimed units sitting there on the shelves.

Not that I'd ever waste money on an Xbox360, or a PS3 or a Revolution for that matter. They should all stop screwing around and just start developing for the PC directly, because thats what those consoles are turning into anyway.

I suppose someone always has to be an early adopter, and they're the ones who are going to encounter the problems first, and it's because of them that these problems are discovered. However, if you can't get rid of the ants in your pants then you'd better learn to deal with the consequences. Too bad you cant sue someone for stupidity.

Re:Ridiculous (1)

cornface (900179) | more than 8 years ago | (#14188182)

Not that I'd ever waste money on an Xbox360, or a PS3 or a Revolution for that matter.

Then STFU, Mr. Cool.

Thanks.

The Man? (4, Funny)

gatekeep (122108) | more than 8 years ago | (#14188081)

The man is seeking unspecified damages, litigation expenses, and replacement or recall of all Xbox 360s.

Why is that 'The Man' always has to ruin it for us?

Extreme Measures (2, Interesting)

SerpentBlade2100 (625359) | more than 8 years ago | (#14188082)

While suing M$ is probably a very extreme thing to do, he does raise a very valid point on defective merchandise. If you take a look at the polls released on most XBox sites they all seem to be asking the same question: "Is your 360 FUBAR?". The numbers that come back are showing 1 in 5 360s have a problem. I'm not sure what numbers M$ has over there at the QA Help Desk, but if they are regarding 20% as a "very, very small fraction" then such a matter should be taken to the public. They are playing down what is apparently a huge problem, but then this is in line with most M$ product releases. Just look at Windows ME, maybe in comparison 20% IS a "very, very small fraction". Meanwhile we can rest assure that both Sony and the Big-N are kicking back laughing at the XBox 360's release problems and polishing their systems properly.

Re:Extreme Measures (1)

js3 (319268) | more than 8 years ago | (#14188178)

courts know the manufacturing process will always result in a certain number of defects. There is no way to avoid it, just suing because something you bought has a defect is retarded. Of course he will go though all the pre-trial questions, like did he use his warranty or try to get a replacement or repair etc. There are people whose houses have burned down due to defective components of their cars and never got squat. This guy is wasting everyone's time and money

Oh please (4, Interesting)

radish (98371) | more than 8 years ago | (#14188093)

You get bad units, it happens with any products. Microsoft are replacing all units which exhibit any fault, for example overheating. They overnight you an empty box, you put the defective unit in and overnight it back, then they overnight you a new unit. Total time elapsed: less than a week, total cost to you: zero dollars. That's better than most return policies in my experience. So far MS have been saying that the return rate is around 3%, which is below industry average. So again - what's the problem here? A company produced a product which has lower than average failure rates and is happily and rapidly replacing any defective units for free.

This guy doesn't wany justice, he wants free money. He's a greedy ass and should be brought to book for encouraging this insane litagation culture to feed his own pocket.

And the last thing I want is a recall - mine is working perfectly.

Well, no... (2, Insightful)

Quiet_Desperation (858215) | more than 8 years ago | (#14188116)

C'mon, people. Will you never learn? What happened was a lawyer needed a new 12 person hot tub in his winter palace^H^H^H^H^H^H home, so he found a mark ("a man" in this story). If the case is won, the lawyer gets his hot tub and the man gets a $5 off coupon for an MSCE manual or something.

In mother russia.. (0)

Anonymous Coward | more than 8 years ago | (#14188137)

XBOX sues you!

Why would you buy a machine with a $99 return poli (2, Interesting)

thpdg (519053) | more than 8 years ago | (#14188138)

Why would you buy a machine with a $99 return policy?
From what I've heard on other sites discussing the power pack problem, the warranty requires you to submit a $99 payment with the system when attempting to receive repair or replacement.
WHY would someone buy a product with such lousy coverage??

Interesting thing about the single lawsuit (2, Informative)

PepeGSay (847429) | more than 8 years ago | (#14188159)

If you can get the single lawsuit to go forward, they may be able to legally compell Microsoft to say how many reports of malfunctions they have had. Then, they figure out the size of the class action lawsuit and really go for the throat. That basic strategy is used more than you might think.
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