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California class-action suit seeks 5 million from MS over scratched discs photo

According to this InformationWeek article, Californians Christine Moskowitz and Dan Wood have filed a class-action lawsuit in U.S. District Court against Microsoft, alleging that the Xbox 360 console was designed with innate flaws that lead to the system cutting circular scratches into game discs. The pair seek no less than $5 million from the megacorporation.

This issue has been rumored to exist since shortly after the launch of this generation's console leader, and while Microsoft has recently taken steps to rectify another issue within the manufacturing process of their consoles, they have yet to confirm any issue causing the internal mechanisms of their console to slice game media.

While Microsoft may have had the upper-hand as far as publishing software and actually having consoles available, Sony and Nintendo have reaped a huge amount of mind-share due to the very public hardware issues Microsoft has had as of late. With these new accusations, could we see a lead change in the console war?

Answer: No. Honestly all this means is that none of the big three console manufacturers suck any less than the others, and if they were somehow automagically transformed into sixteen year old girls, they'd all be standing on stage at their junior prom, covered in pig's blood and praying to God that now would be the moment when they could finally manifest some psychokinetic abilities. 








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27 comments | showing # 1 to 27
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Magesx's Avatar - Comment posted on 07/19/2007 14:37
Magesx
Lawl, people would be going apeshit if it was Sony getting sued. :U
Joe Burling's Avatar - Comment posted on 07/19/2007 14:39
Joe Burling
Best. Caption. Ever.

You are still on those drugs, aren't you, Nex?
HarassmentPanda's Avatar - Comment posted on 07/19/2007 14:40
HarassmentPanda
If this is a class action for damages and games cost $60 a piece, then $5 million would only cover the cost of ~83,333 damaged discs. Somehow I think that there are more than that out there in the wild.

The attorneys will also take a nice chunk of that $5 million, reducing those that can recover for damaged discs even more. I feel like they should have sued for more. However, any money not claimed by the members of the damaged class will most likely be donated somewhere by court appointment. I think Penny Arcade's yearly charity might be a good option.

Also, disgust picture.
Kyousuke Nanbu's Avatar - Comment posted on 07/19/2007 14:43
Kyousuke Nanbu
I read this on another site, they want 5 million for 2 scratched games, did losing these games cause them emotional distress?

I lost 4 copies of Dead Rising and 1 BulletWitch because my 1st and 3rd 360 scratched up my games, I didn't file a lawsuit because of it, I just used my warranty.
HarassmentPanda's Avatar - Comment posted on 07/19/2007 14:52
HarassmentPanda
@ Kyousuke Nanbu

They won't get $5 million for 2 scratched games. Class action law suits occur when a large group of people have suffered a common injury. In order to bring suit, there must be plaintiffs that are sufficiently representative of the class as a whole and then the class must be “certified.” The $5 million is actually awarded to each member of the class that can be identified. There are MANY ways of doing this.

But, to make a long story short, the two plaintiffs will not collect the $5 million. They will generally only collect a fair amount for their injury. The real winners in this law suit is going to be the law firm handling the case if they manage to win.
BahamutZero's Avatar - Comment posted on 07/19/2007 14:56
BahamutZero
niero I don't really see how you could top that
BahamutZero's Avatar - Comment posted on 07/19/2007 14:56
BahamutZero
argh nex. sorry. please ready the cross for crucifiction
Dyson's Avatar - Comment posted on 07/19/2007 15:04
Dyson
You have once again taken the lead in the unofficial awesome post-pic contest.
Riser Glen's Avatar - Comment posted on 07/19/2007 15:12
Riser Glen
Sometimes I wish I had the balls to do something retarded like sue game companies over trivial shit, because it seems like it works a small percentage of the time.

But for now, I'll just continue to sit back and laugh at these idiots.
Zanch's Avatar - Comment posted on 07/19/2007 15:15
Zanch
Retarded. 5 million bucks over a few scratched discs?
mono's Avatar - Comment posted on 07/19/2007 15:22
mono
This is pretty awesome. Consoles break all the time. NES, first gen psx, ps2, all of these broke on me.

Where is MY parade!?!?
topgeargorilla's Avatar - Comment posted on 07/19/2007 15:29
topgeargorilla
vagina blood makes me barf
Aerox's Avatar - Comment posted on 07/19/2007 15:29
Aerox
Class action lawsuits are always fun. If you find a way to get in on them it's always nice to get a surprise $50 check in the mail.
Mauer's Avatar - Comment posted on 07/19/2007 15:32
Mauer
I like my vaginas like I like my steak, pink and bleeding.
Mauer's Avatar - Comment posted on 07/19/2007 15:33
Mauer
My gears of war disc has that circular scrath, wheres my free hooch?!
Velirno's Avatar - Comment posted on 07/19/2007 15:51
Velirno
I think that word grossed me out more than the pic.
subnet6's Avatar - Comment posted on 07/19/2007 17:27
subnet6
"With these new accusations, could we see a lead change in the console war?"

Screw the accusations, the lead in the console war will change this year whether MS has good hardware or not.
hexfix93's Avatar - Comment posted on 07/19/2007 17:50
hexfix93
Why on earth do idiotic people still buy this piece of technological crap? the 360 is garbage, they break constantly, with up to a 2 month waiting list on repairs, and they ruin the expensive games you buy. Retail stored need to start telling people of these problems before they sell this piece of junk. in fact i think the government should force them to recall them all until they can fix every last one.
hexfix93's Avatar - Comment posted on 07/19/2007 17:50
hexfix93
Why on earth do idiotic people still buy this piece of technological crap? the 360 is garbage, they break constantly, with up to a 2 month waiting list on repairs, and they ruin the expensive games you buy. Retail stored need to start telling people of these problems before they sell this piece of junk. in fact i think the government should force them to recall them all until they can fix every last one.
MaximusPaynicus's Avatar - Comment posted on 07/19/2007 17:57
MaximusPaynicus
If you read closely, she claims that she bought the Xbox 360 in March of 2006, along with the games Crackdown, Saints Row and Gears of War. Now, let us look at a few release dates:

Saints Row: August 29th, 2006
Gears of War: November 7th, 2006
Crackdown: February 20th, 2007

...something doesn't add up.
poonster's Avatar - Comment posted on 07/19/2007 18:18
poonster
that's the American legal system for ya..people sue for anything & everything. how much do you wanna bet that one of these two douchebags parents are lawyers.
how long before someone sue's Microsoft because of the heat comming from the 360 changed the temperature of their parents basement by 3 degrees,making them sweat..
Whaaaaaaaa my disc has a scratch on it, now pay me 5 mill so i can pay off my internet porn credit card bill....what a couple of ass-hats
DrNutt's Avatar - Comment posted on 07/19/2007 18:21
DrNutt
Are we playing spot the console warrior troll? Because if so, I win! It's hexfix93!
Kyousuke Nanbu's Avatar - Comment posted on 07/19/2007 18:50
Kyousuke Nanbu
Didn't notice the class action part, I always thought more people are named in lawsuits like those.

I'll take the troll bait.

@hexfix 93.

Not all 360's are defective unless you where dumb enough to believe that article that said they where, the failure rate is 33% which comes to about 3 out of every 10, the scratching discs part is a very low occurence though, there are much, much lower reports of that than 3 red lights, the fact that I got 2 consoles with the disc scratching issue just shows what a shitty luck I have.

More importantly, MS has a 3 year warranty which is quite unprecedented for a company and they refunded those who had to send it in for repairs, also the store you purchase it from usually offers a warranty which has saved my hide quite a bit.

I say MS is doing good damage control.
poonster's Avatar - Comment posted on 07/19/2007 21:40
poonster
@hexfix93
i've had my 360 since just after launch with no problems at all & not 1 scratched disc...btw i just bought a PS3 this past Saturday and had to take it back because it kept shutting off on me during the setup.the SECOND one i got seems to be ok besides Resistance Fall of Man freezing up on me about 7 times so far,i think it's the game (better be). so there are problems with all consoles...i'm no fanboy of any console, i just like gaming, i'm just stating the facts.
Altair78's Avatar - Comment posted on 07/19/2007 23:31
Altair78
At first I though my wife was kidding when we drove into California a few weeks ago and she said she saw a sign saying "California, the sue you state!"... but now I'm starting to wonder...

And I got California blood... how proud I am.
linuxguy's Avatar - Comment posted on 07/20/2007 08:31
linuxguy
altair78:some american family association will sue you over that
delicious avatar of yours,be warned
fetusmilk's Avatar - Comment posted on 07/20/2007 12:40
fetusmilk
ive only had a problem with my 360. never my nes,snes,genesis,psx,ps2,psp,dreamcast. none. just microsofty.
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