So there's a story over on Kotaku about some dude suing MS due to his 360 scratching 3 of his games. He's looking for $50,000. The games were Rock Band, RB2 and GTAIV.
Come on, is this really serious? He claims that "the Xbox 360 was not of merchantable quality or safe or fit for its intended use, because it was unfit for the ordinary purposes for which it was used, because the Xbox 360 cannot play any discs during normal use without permanently damaging those discs."
But how are we to know that's true? He probably toppled it by accident during a particularly heated session of "You Really Got Me". And, as we all know, you're not supposed to move your 360 while you're playing something.
Can this dude really get 50 grand outta this? If so, couldn't we all? I mean, my 360 has scratched to bits my BioShock and Assassin's Creed, but I'm not complaining.
It does scratch discs but not enough for me to care much because they work fine.
The main problem I have is that it does crack the interior of discs because of the heat generated inside the console that weakens the disc. I have so far lost a few games to this, none of which I was happy about. This is without touching the 360 while it is operating (Horizontally as well)
Doesn't Microsoft offer a free replacement service for damaged discs? If so (and if I'm right in my thinking), the guy can't get a penny as Microsoft already have precedures in place to help those like him. It'd be like trying to sue Microsoft for RROD compensation, even though they already offer a no-charge replacement service.
Three discs and the guy wants 50,000. Ha, he had better be able to prove he didn't bump his machine or move it around while a disc was spinning. I bumped my twice this summer and scratched a couple of disc's. There is a local record shop near me that has a commercial disc resurfacing machine. Both scratched disc's work perfect now and it only cost me 3 bucks a disc.
i hope he losses or more will go and sue. if its just him suing then he most likely won't win but if its like 100+ people then the odds are more in his favor. money money money
Back on the legal side, Microsoft knows their consoles are a pile of ass. RRoDs and scratched discs = major lawsuit. While a large lawsuit can be put against them, they'd need extensive studies and need to work a reasonable compensation and possibly for all owners. Good luck to this man for actully standing up and trying to prove Microsoft doesn't test products.
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It'll either get thrown out or Microsoft will settle.
I hope the first.
Is it just him suing, or is it like with SecuROM where they represent a lot of people?
MS probably should be sued for selling shoddy crap, but they have enough money to get lots of scary lawyers.
My 360 has scratched 2 of my disks, one more and I'll sue Microsoft!
It does scratch discs but not enough for me to care much because they work fine.
The main problem I have is that it does crack the interior of discs because of the heat generated inside the console that weakens the disc. I have so far lost a few games to this, none of which I was happy about. This is without touching the 360 while it is operating (Horizontally as well)
Doesn't Microsoft offer a free replacement service for damaged discs? If so (and if I'm right in my thinking), the guy can't get a penny as Microsoft already have precedures in place to help those like him. It'd be like trying to sue Microsoft for RROD compensation, even though they already offer a no-charge replacement service.
If every console that leaves the factory is scratching discs, then yes, MS is liable because they are knowingly producing and selling faulty hardware.
Three discs and the guy wants 50,000. Ha, he had better be able to prove he didn't bump his machine or move it around while a disc was spinning. I bumped my twice this summer and scratched a couple of disc's. There is a local record shop near me that has a commercial disc resurfacing machine. Both scratched disc's work perfect now and it only cost me 3 bucks a disc.
i hope he losses or more will go and sue. if its just him suing then he most likely won't win but if its like 100+ people then the odds are more in his favor. money money money
Back on the legal side, Microsoft knows their consoles are a pile of ass. RRoDs and scratched discs = major lawsuit. While a large lawsuit can be put against them, they'd need extensive studies and need to work a reasonable compensation and possibly for all owners. Good luck to this man for actully standing up and trying to prove Microsoft doesn't test products.
Maybe MS didn't realize they couldn't fix faulty hardware with a patch after they sent them out :P
Yeah, this isn't going to go anywhere.
It is concievable that he could get the price of the games back but stupid to think anyone could get fifty thousand dollars like this.
its a problem with big business like this. you have to ask for thousands of dollars or people will just ignore you.