Jason Johnson claims to have had his discs scratched by his 360 and he wants revenge, damn it! This past December he sued Microsoft over the issue for $50,000, claiming that Microsoft had knowingly sold a faulty system. The original complaint had been thrown out, but Johnson was allowed to amend the complaint and return. He did so this past August. He is seeking damages from Microsoft's "alleged violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, negligence, breach of implied warranty and strict product liability." Madison County Circuit Judge Daniel Stack is presiding over the case and dismissed two of the counts against Microsoft, but has allowed another two to move forward.
Microsoft had moved to throw the second, amended case out entirely based on the claim that Johnson had not bought his own 360, but instead had it given to him by his wife. That don't fly in the house of Judge Stack, though. It seems he agreed with Johnson's lawyer that the Illinois law did give Johnson a standing to sue. Microsoft has 21 days from September 2 to respond.
Now that this has moved forward who wants to put money down on the issue being settled out of court? Maybe Johnson is a crusader, though. He could be fighting to make a point. Whose side are you on? Is Johnson just a money grubbing jerk or should Microsoft pay for the eternally malfunctioning Xbox 360?
[Via GamePolitics]
Matthew Razak is Destructoid's Associate editor and co-founder of film site
Flixist. He began as community member "cowzilla" and was since sequestered to write brainy features material. He lives in Los Angeles with his beautiful wife.
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Contest:
2:00 PM on 09.06.2009
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(Lawl at the fact that cave man milk rape is living on in "related stories")
Its pricks like this, and pirating that cause the retail game and console prices to go up because of the money spent in court.....of course its probably just a drop in the bucket for MS and mr. gates, but added up over time, its alotta dough......It's kinda like the guy who breaks into my house, I shoot him and he sues me for a gunshot wound (take that for what you will).......WTF?
Theres a reason the judge has thrown it out twice already.....the guy does'nt have much of a case.....sorry dude, get a job, stop trying to rip off people.......I'd be willing to bet he's tried to sue people before and has a history of this kinda action........My verdict: DOUCHE-BAG
There's 2 sides to every story, and the court will hear them both. (also, if he loses, then all those people hating on him will be happy to know he wasted what he deemed as $50k worth of his life in the process.)
".It's kinda like the guy who breaks into my house, I shoot him and he sues me for a gunshot wound (take that for what you will).......WTF?"
The perpetrator cannot sue in states like Florida, where it's legal to defend your property with lethal force. It depends on state law: some states have deemed lethal force like firearms unnecessary, due to the overwhelming amount of deaths due to firearms each year from people shooting at kids/young adults who are screwing around.
Along with the myriad of other misinformed statements you make, color me astounded.
No, they won't; if they have the chance to give themselves a year early headstart: they know only about 3 percent is outraged about faulty hardware..
Along with the myriad of other misinformed statements you make, color me astounded.
Hmmmm, seems like you don't understand what I'm getting at......I was merely alluding to the audacity of the case.......but as for your "myriad" comment, I'm trying to figure out where you get that I am misinformed, I'm stating an opinion.....I can do that, right?
I was not aware that we needed to cite our sources for forum comments.....so, unless you're the webmaster you need to STFU.......like nintendo.
It's true really. According to GameInformer's recent poll, 54.2% of 360 users reported a hardware failure, 41.2% reported a 2nd hardware failure, and 36.4% bought more than 1 360 due to the hardware failure rate.
That basically more than double's their console sales for 36.4% of their initial install base. Which would lead them to, justifiably, believe those are some really happy customers.
Reminds of that movie, Desperado, where Quintin Taratino says that joke about peeing in a guy's face and not only is the guy happy about it, but he'll pay him for it. (no offense to anyone directly or indirectly)
It's a clingy fucking thing, and I hope Microsoft takes it up the ass for this shit. They didn't put in those little pad things that every other company has put in that stops this kind of stuff from happening.
This lawsuit is completely legitimate as far as I'm concerned. I love my 360, and fortunately it has yet to scratch a disc of mine to the point where it's unusable, but it's a terrible piece of hardware, and every time Microsoft gets punched in the face for it I believe they'll remember when they make the Xbox 720.
That would be the correct thing to do from both ends. But since we live in the real world were people and companies are greedy alike, cases like this will happen and the morality name of this case should be:
"Wrong vs Wronger"
I would say the guy is in the wrong if MS replaced all his discs, but they don't always do that. They charge 20 bucks from what I remember.
So fuck them.
Now, about the case itself. I hope this Johnson guy is trying to make a point, because if he's not, he's an idiot. But either way, M$ feels it. Pretty much a giant middle finger to their hardware failures. =)
"STFU" for disagreeing with a misinformed, l33t speak opinion? I guess it's not worth it, considering you can't google myriad.
" I'm trying to figure out where you get that I am misinformed, I'm stating an opinion.....I can do that, right?"
By assuming that he's just in it for the money, and doesn't have a job. Also, for also incorrectly assuming you can't ever use deadly force in a home. Another thing, these aren't "forums". So last I checked, I can list a rebuttal for a misinformed opinion that's borderline English.
In fact if anything this generation has taught them that they can get away with it, 'cos for all of our bitching, most of us just go buy another one if we get the RROD.
Profitwise MS is blowing Sony out of the water, I wonder how much of that is down to corners cut on hardware manufacturing. After all we already know they sort of stole some of the research.
"STFU" for disagreeing with a misinformed, l33t speak opinion? I guess it's not worth it, considering you can't google myriad.
LMAO.....l33t?....check out #4 of 35 everyone.....I had know idea what that meant until yesteryday....LOL.....here's the link:
http://www.goodgearguide.com.au/article/317232/top_12_geekiest_moments_gaming
......nerd.
Yep! Keep on truckin, bud.
Hope he wins, we all deserve it.
Should we care if he is an ass? i say that makes it even better for us: if the guy is a money grubbing jerk and wins it will settle precedents for legitimate users cheated by MS's crappy manufacture and tactics to sue, oh i can just orgasm over the though of a massive class action lawsuit. If he settles out of court, well, f*ck it, we didn't win or lose anything. If he loses no big loss since he was an asshole anyway. Personally i hope he wins and forces MS to go through the utter wallet rape it deserves for it's trickery.
Improving Gaming Communities: Stop arguing over such inconsequential things like law suits, console wars, and exclusive games going multiplatform. Instead, focus on the important things like boycotting L4D2:P
As for the wider issue of them knowingly selling faulty consoles, assuming the suit is successful the court ordering a charity donation of about a billion dollars ought to discourage Microsoft from doing it again, and seems completely fair considering their core business model of repeatedly fucking consumers in the arse.
I just felt like calling him out because his profile and mannerisms reek of "jock/Army man that hates geeks", even though this is a "hardcore gaming community".
As for the gut suing, he doesn't deserve $50,000 for being whiney. The 360 breaks a lot and is faulty to a point but Microsoft has spent a shit ton of cash to replace your red-ringed xbox. It's not a perfect console nor is it a perfect system set up to replace it but its what we have. Suing them for disk scratches won't change anything they've done/will do. Frivolous law suits are a great example of why we fail as a species.
The judge has to be taking some delicious drugs to think that $50k is a fair settlement to one consumer for a faulty console and a scratched disc, but as long as things get played out in courts the longer MS will be given negative coverage and the more likely they will settle quickly and get the story out of the news.
If I were the head of 360 development and saw PS3 sales catching up in the rear mirror, I'd promise a lifetime guarantee against red rings, 800 MS points to anyone who has to ship their 360 for repair and issue free Gold membership, with a generous MS points reimbursement to those currently paying. It would make silly problems like this go away.
Hmmmmmm......so now your trying to insult me because I am a veteran and served in the armed forces...........thats pretty pathetic, is that the best you can come up with? You want to call someone out and call them misinformed?
As I stated previously, you are the misinformed one. You may have studied english in college, but it seems to me that you have no common sense or street smarts. I would take that any day over an english degree......
I studied fire science and emergency medical services in college and hold degrees in both.......
So before you continue to talk trash, you should get-informed and not stereotype people, especially those who served in the military and fought so you could go to school, play video games and sit here and type trash on your computer to those who did........
Ok, I'm done with this guy, he's obviously an idiot.
People shouldn't take this crap for a heartless corporation. This and Activison. I want to see them go down hard. I could care less about the people who lose their jobs. Its justified.
With implications like that I would actually buy a 360!(Granted they gotta drop the price lower. $200 for an elite = win)
You call people douchebags left and right, and call people geeks, as well as use "LOL" and such.
I was merely saying resorting to call me a geek because I use big words, and touting that you "just found out what l33t speak meant" and "street smarts instantly> a college degree" was obviously a jock move. Also, the defensive attitude and use of the term "talking trash" also speaks volumes of your "street" background. I grew up in a rough area, but it doesn't instantly give me the license to shit on "geeks".
I respect armed forces members more than you'll ever know, but I don't respect meatheads.
@magnal
"I respect armed forces members more than you'll ever know"
GI joe doesn't count dude.......