Quantcast


Guess who's getting sued again? photo

Did you guess Nintendo?

WRONG.

It's Microsoft! That's right, Microsoft is being sued yet again for allegedly knowingly selling, and profiting off of, defective products. Up to bat is a fine gentleman from Oak Forest, Illinois, who had to pay $99 to get his Xbox fixed -- this time, though, it seems the red ring is not to blame. Unfortunately, the plaintiff doesn't know exactly what's wrong with his system, because Microsoft refused to tell him.

The unnamed plaintiff is hoping for a class-action suit, along with monetary damages (of course) and for Microsoft to stop selling 360s until they fix their hardware issues.

I'm a little torn here, because on one hand, I think lawsuits like these are always a bit ridiculous (even though lawsuits like this are what keep my day job moving). On the other hand, Microsoft's hardware track record has, quite frankly, been pretty ridiculous. I wouldn't accuse Microsoft of purposefully making broken hardware, because I don't think any major company would intentionally put out a defective product, but the failure rate of their consoles has been questionable. Whether it was simply a rush job, a lack of oversight, or something totally beyond their control I don't know, but whatever it is, I feel like a total injuction against selling the system is no way to correct the problem. What do you guys think?

[Via GameSpot]








More gaming stories around the web. Got news? Submit yours to tips@destructoid.com

Jonathan Ross is an Associate Editor in Los Angeles who is obsessed with capybaras. Like, seriously, obsessed. If he's not playing Team Fortress 2 or getting into arguments about why PC gaming is superior, he's either off having a fancy dinner with lots of expensive wine, or sitting on the Destructoid IRC complaining that's he's not off having a fancy dinner. Likes: Chrono Trigger, Street Fighter, Steam, everything Blizzard and Valve have ever made, playing Angry Birds on the toilet. Meet the rest of the team



Post a comment! You can also post a photo below:

Comment with Facebook





Click connect and comment instantly!

Comment with Dtoid





New? SIGN UP - it takes 5 seconds

74 comments | showing # 1 to 50
prev
next 50 comments

Trevor McGee's Avatar - Comment posted on 07/30/2009 02:06
Trevor McGee
Always, always, always tell them it Red Ringed! Even if it didn't, tell them it did anyway. It's bullshit having to pay fees that high for their hardware being so flimsy. I love my 360, and currently it is the console I favor most. But it's still a badly constructed console and the consumers should not be punished for Microsoft cutting corners. So always tell them it was the Red Ring and make them foot the bill.
Forsak3n's Avatar - Comment posted on 07/30/2009 02:12
Forsak3n
Damn, I thought Double Fine was getting sued again by Activision.
Monodi's Avatar - Comment posted on 07/30/2009 02:17
Monodi
When you mentioned Microsoft after Nintendo I was expecting someone making patent bullshit about Natal. Color me disapponted.
phantomile's Avatar - Comment posted on 07/30/2009 02:27
phantomile
Two days ago I would have said this guy was going about it the wrong way, but considering my 360 just E-74'd, screw it.
Maybe they'll actually get themselves together if this forces them to stop production of 360s.
Ibutsu's Avatar - Comment posted on 07/30/2009 02:37
Ibutsu
This is the main reason I won't buy a 360. If they fixed this, I would very much consider it. Good luck "fine gentleman from Oak Forest, Illinois"!
n1k0l4's Avatar - Comment posted on 07/30/2009 02:40
n1k0l4
What I don't understand is why didn't M$ just test the system before mass production, and if there was any defect with the first board, why didn't they fix it in the second revision?
Large companyes selling defect products? You make more money on cheap products that people have to buy 2,3 times over. It is sad, but it's bussiness.
Mista Smegheneghan's Avatar - Comment posted on 07/30/2009 02:42
Mista Smegheneghan
Well, shit may just have hit the fan.
Solid Squirrel's Avatar - Comment posted on 07/30/2009 02:43
Solid Squirrel
"Refused" to tell him? Something sounds fishy--either in his claim or the fact that that MS didn't disclose the problem.

Regardless, I do find it baffling people are so tolerant of these frequent system burnouts on their hardware. Call me crazy, but when I buy a piece of computer hardware, I expect it to last longer than the eggs in my fridge.
-Ghost-'s Avatar - Comment posted on 07/30/2009 02:47
-Ghost-
Eh I've had computer parts crap out on me more than my 360 has. We got a red ring once about a year ago, but it was a close to release model. Sent it out, got a replacement under warranty, no fuss. And the one we've got now works fine. Guy probably just had bad luck, like you can with any other piece of tech.
theredpepperofdoom's Avatar - Comment posted on 07/30/2009 02:53
theredpepperofdoom
About time. Hopefully Microsoft realizes their shitty practices and makes consoles that actually work, then maybe I will consider buying a 360.
...as well as stop charging $50 for Xbox Live. Seriously, WTF.
possumwrangler's Avatar - Comment posted on 07/30/2009 03:04
possumwrangler
There is no excuse for the outright shit that they've been pumping out since launch. How many SKU's have the put out now? 4? 5? And they still haven't fixed their problems (pretty much every component is liable to break). They know there's all kinds of problems, they just put it out there because they're too lazy/ the fix is too expensive.

That being said I'm playing on my 7th and 8th consoles, and they've been pulling this shit for years with Windows and everything else they touch. I can't imagine that anything besides bankruptcy would change their consumer relations policy, and that's obviously not going to happen any time soon.
ender_x's Avatar - Comment posted on 07/30/2009 03:05
ender_x
I've had three 360s.
One was stolen.
One was thrown at. (don't ask.)
and my current.
None have RRoD. Crossing my fingers, yes!
What I don't get is that how y'all get in an UPROAAAR when the warranty doesn't cover something, or has long gone.
Most phones have a one year warranty - you don't bitch about that, do you? And I'm DAMN SURE that cell phones crap more than xboxexexexes.
How do I know? I works at the phonez companiez!
Magic Whiskey's Avatar - Comment posted on 07/30/2009 03:08
Magic Whiskey
So this one guy is gonna show up Microsoft for something it and the world already knows about, huh? Suck it up, guy, and buy a new system. It's not like your 360 exploded, caught a house on fire and your dog moved in with the cat down the street or anything.

Life is just, Y'know, HARRRRRD. It makes me wanna go pee-pee.

In other words, shit happens.

Pintos were removed from the market due not just because they were crappy vehicles, they actually weren't purchased much after the news broke. Maybe this one guy is the only sane one of us gamers (if he IS a gamer) and we're the nutjobs for not seeing the issue here..ENOUGH.. but ya know what? Shit happens. The ratio of awesome to shitty when it comes to the 360 isn't balanced.
Awesome is awesomer.
Necro BABS's Avatar - Comment posted on 07/30/2009 03:12
Necro BABS
If microsoft was more like blazblue this would not of happened
MellowBunny's Avatar - Comment posted on 07/30/2009 03:19
MellowBunny
About time this shit happen.

I mean honestly I bet my DSlite will last longer than a Xbox360. To me that is quite sad that a portable gaming system last longer than a home console system.
Zantetsuken's Avatar - Comment posted on 07/30/2009 03:28
Zantetsuken
They may not have purposely made defective machines, but they are guilty of cutting corners during production and selling poorly made Xboxes. Im glad that someone is taking a stand against MS.
Aaron Mxy Yost's Avatar - Comment posted on 07/30/2009 03:51
Aaron Mxy Yost
Yeah, good luck with that chief.
koose's Avatar - Comment posted on 07/30/2009 03:58
koose
Two days ago i would have stuck up for the 'soft, then just after reading Jim Sterling's article about why he hates Microsoft the graphics went all lo-rez on me and the screen started to have flickering bands. Jim Sterling cursed my Xbox!
Volomon's Avatar - Comment posted on 07/30/2009 04:08
Volomon
Damn still going on? How many years has the Xbox been out and they are still having issues. Sue away.
Chronic Logic's Avatar - Comment posted on 07/30/2009 04:11
Chronic Logic
They don't even tell you what was wrong with your 360? What the heck? Why would they not tell you what went wrong? Man, how did they turn something as sexy as the original Xbox and completely borked it up to something we call the Xbox 360?
aZZmodan's Avatar - Comment posted on 07/30/2009 04:12
aZZmodan
Where do I sign...?
ChaosTeaCup's Avatar - Comment posted on 07/30/2009 04:25
ChaosTeaCup
I'm going to sue Apple because my I-pod is shit.
I'm going to sue Microsoft because my first xbox RROD.
I'm going to sue Mitsubishi because the rad burst on my car.
I'm going to sue Dtoid because it distracts me from my work.
I'm going to sue Sony because my TV has lost sound in the left speaker.
I'm going to sue Nike because the sole of my trainer peeled.
I'm going to sue HP because my printer ran out of ink.
I'm going to sue Sue because she cheated on me.
I'm going to sue Dell because I have 4 dead pixels.
I'm going to sue you all, bitches.

Wish me luck.
JiR INC's Avatar - Comment posted on 07/30/2009 04:29
JiR INC
@chronic: because all they want is your cash.... and they'll continue to do so as long as there around
Kris S's Avatar - Comment posted on 07/30/2009 04:32
Kris S
I've had 2 RROD and I've owned a 360 since launch. First was replaced but second was over 3 years old which is fair enough. It's funny because I think I had more than double that amount of PS1 fuck ups in that space of time but they didn't have a fault light and weren't called Microsoft so people don't give a crap. Also had quite a few PS2's come to think of it and on neither console did i have a 3 year warranty. Try telling retards like sexualchocolate that though. As you see from my avatar and from what I post I'm not a MS fanboy but the anti MS bias sometimes is a bit fucked up with some people.

While I do believe MS fucked up with cheap production values at least they took steps to rectify it - unlike Sony - and the new SKUs seem for the most part to be ok. At the end of the day whilst I wish every electrical product was indestructible it will never happen. I hate Ipods but I know how many my missus and mates have been through.
Darren Nakamura's Avatar - Comment posted on 07/30/2009 04:39
Darren Nakamura
I think if he got Microsoft to stop making consoles until they fix the hardware issues (which, as far as we know, could be fixed, but old 360s still break), then he would make a lot of people very angry.
Braumeister's Avatar - Comment posted on 07/30/2009 04:47
Braumeister
I'm sure it's not intentional, but is the repair cost and loss of customer goodwill compelling enough to induce M$ to devote extra resources to fixing the problem? Quite probably not.

Anybody who has had to deal with closing their account or removing old credit cards from Xbox Live account can tell you that M$ has no misgivings about losing a few customers here and there.
JustLikeBuck's Avatar - Comment posted on 07/30/2009 05:31
JustLikeBuck
I don't think MS would purposely design defective hardware or software, but if anybody's ever used MS Windows, you sure as hell know they'll still sell it!
Dr Terror's Avatar - Comment posted on 07/30/2009 06:02
Dr Terror
My snes still works. 2 360's, First RROD, second E74, both died before their extended warranties were announced (after attempted home fixes, Open box = no warranty. Cunts) Pathetic, I hope they lose it all.
EdgyDude's Avatar - Comment posted on 07/30/2009 06:02
EdgyDude
Personally Microsoft deserves whatever comes their way due to Xbox360's hardware failures, it's really pathetic how defect infested their consoles HAVE REMAINED for 3 YEARS.
ChaosTeaCup's Avatar - Comment posted on 07/30/2009 06:10
ChaosTeaCup
To be fair, in comparison to the 360 the SNES architecture is about as complicated and demanding as a toaster. My intellivision still works, but the graphics chip is probably about as powerful as a clock radio speaker. It is really shitty how it all happened, and there aren't many xbox lovers who haven't had a problem with their system, but it's over now, kids - Move on. Buy a PS3 if it upsets you that much. I know at least three other people who have.
CallMeRotten's Avatar - Comment posted on 07/30/2009 06:41
CallMeRotten
Bah! I had to pay $140 once to get my 360 fixed and you don't see me bitching about it years later..oh wait.
Sexualchocolate's Avatar - Comment posted on 07/30/2009 06:56
Sexualchocolate
Damn right Chaos - anyone bitching about how shit 360's are should buy a PS3 - you'll love it!

And Kris, Sexualchocolate goes by his own personal experience. I know 2 people who's PS3's have borked (1 being ME!) but Sony fixed them both for free! No bitching, no moaning, both outside of warantee, no "oooh we're having a few legal threats so we'd better extend the warantee" shit. Simple, it's broke? We'll fix it for you mr Chocolate.

However, I know 10+ people with 360's, and every single one of them has had to BUY at least 2 due to RRoD or other various piss poor quality faults.

But that's what you get from a cheap ass piece of shit.

I hope this guy has some luck with this court case, as much as "rah rah all things break rah rah" it's unacceptable for a piece of equipment is quite as prone to faults as the errorbox.

Ipods are the other one - noticing a pattern here? massive greed driven, immoral companies who take their market for granted??? "Who care's if it's borked, the sheep will buy it anyway, and when it breaks they'll buy another fucker! WIN WIN WIN £$£$£$!"

I just don't like the "American business practice" - generally fuck the consumer, we make what we want at as low a quality as possible and use marketing and exclusivity deals to MAKE THEM BUY IT"
Tha_Meat's Avatar - Comment posted on 07/30/2009 07:04
Tha_Meat
I'm surprised it has taken this long for someone to sue, or maybe I just haven't been paying that much attention. Microsoft makes a product that blows. As consumers we tend to not buy stuff that sucks ass. As to why people still buy them is beyond me. This is apparently a common theme with MS. I am guilty of supporting such negligence also. Can anyone say Windows ME or vista? Why do we continue to be treated this way? IF people want to continue to support the 360, which I have no problem with, make MS take responsibility for there faulty product. That is hopefully what this and many more lawsuites will achieve.
Turbofail's Avatar - Comment posted on 07/30/2009 07:26
Turbofail
"anyone bitching about how shit 360's are should buy a PS3 - you'll love it!"

The problem is some of us want to play something other than Little Big Planet and Home. The fact that the 360 has video games I can play on it is a big draw. The choice between a system that has 2 games and a bluray player and a rickety pile of hardware on the other holds me off getting either.
Black Nexus's Avatar - Comment posted on 07/30/2009 07:37
Black Nexus
@chaos teacup
Actually this is about as far from over as you can get, gameinformer just had a statement from them about how the billion dollars set aside to deal with this problem was just used all up and the problem seems to be getting worse not better, whatever is causing these proplems is showing no signs of stopping and now even the new "improved" models are starting to give in.

Sorry but this is truly unnaceptable as there are literally laws prohibiting releasing such a faulty product onto the market. What they have done is illegal and why there going unpunished while everyone else plays by the rules (because if this were sony or nintendo there would be a sh*tstorm) is beyond me.
Turbofail's Avatar - Comment posted on 07/30/2009 07:47
Turbofail
image fail

AstralDrmz's Avatar - Comment posted on 07/30/2009 07:53
AstralDrmz
@turbofail
The PS3 has games if you're not into mainly the FPS genre. But really, in all honesty, they're the same to me sans the FPS exclusives and the timed exclusives. Other than that, lol'd at the picture comparison.
Sexualchocolate's Avatar - Comment posted on 07/30/2009 08:17
Sexualchocolate
@turbofail

That argument is so fucking 3 years ago! - PS3 not only has PLENTY of games now, but all the best games, fuck all the Halo's, give me uncharted and Killzone, and Socom and the upcoming MAG, MGS (real MGS, not a dumbed down rising spin off) - not to mention the other 90% of multiplat games!

Littlebigplanet is a 1 of a kind game - kicks ass. 360's are made for the FPS loving 12 year olds that sit in their bedrooms shouting NIGGER at each other. PS3 games are varied and interesting, designed for grown ups (generally).

*heads back to lovefilm to add some more Blu-rays to his rental list.
ChaosTeaCup's Avatar - Comment posted on 07/30/2009 08:27
ChaosTeaCup
All this is true. Just a shame that gaming wise, the 360 appeals to me (and, it would seem, millions of others) so, so, so, so much more than the PS3. It's a simple gamer-based decision.

So long as all the games that make me happy are 360 bound, I'm just not interested in the PS3 (at any price-point). But this is off topic - the PS3 has nothing to do with this (or maybe it could, more on that in a second).

I hope this case fails, not because I want to see the big guy screw the little guy, but because I'm sick of the American desease that is 'Litigation culture', and it's annoying spread to these Blighty shores. Anybody who bitches about Health and safety overload - PC gone mad, etc, have the litigation culture and its massive effect on the insurance business to thank.

Millions of hardware/electronic goods break all the time. If this case succeeds (ie: that somehow this guy proves that MS intentionally did this - which is preposterous; take the goggles off for just a minute), I can see a lot of leccy manufacturers going through what ol' Sir Fergie would call "squeaky bum-time"
ChaosTeaCup's Avatar - Comment posted on 07/30/2009 08:43
ChaosTeaCup
I completely disagree with your last post, Sexchocs. FPS are awesome. I'm 34, and have loved the genre since Doom. The PS3 catalogue is getting better, much better, but it isn't better than the 360s. Not yet, if ever. Using a game that isn't even out, and that nobody's even played other than preview code (MAG) is such a typical tactic of the PS3 fanboy. Can you not see how retarded it is? You might hate Halo. Fair enough. I hate the (IMO) vastly overrated MGS. Fair? Our opinions do not make the respective games shit, though. Only an idiot would claim so. Games consoles are for gamers. To pretend the PS3 is designed for adults, whilst the 360 for racist kids, is patronising, un-filtered bullshit-eating bollocks. I missed you though, Sexchocs. For a while there, we were all pretty much having grown up polite conversations, and man, that just will not do... ;0)
Elsa's Avatar - Comment posted on 07/30/2009 09:15
Elsa
Unfortunately, law suits like these are sometimes the only way that a company will fix a problem... and unfortunately Microsoft hasn't yet been able to conclusively do this yet. Maybe continued lawsuits will pull a little money away from the R&D of the Natal project and put it back into finding a fix for the existing hardware problems so that consumers can feel more confidence in their purchase.
Br0th3rGr1mm's Avatar - Comment posted on 07/30/2009 09:29
Br0th3rGr1mm
If there is a definate "change" in the way M$ is handling the RRoD now, that does need to be looked into. My understanding is the EVERY X360 except the latest Elite version has an increased potential to RRoD (mostly due to overstress after prolonged tempurature). All the eariler models had inadiquate cooling to prevent this long term failure.

I'd say the real issue is that M$ addressed this by refurbing returned X360s and sending them out as "replacements". While I have no doubt some level of prevention for the RRoD issue was applied to these refurb units, the major correction that was made in the desingn of the Elite units was not possible in the replacements...thus the potential for the problem still exsits in the units they sent out as replacements. THAT may be what the shytestorm SHOULD be about (IMO).

The records and numbers to collaborate any of the above speculation will never be disclosed short of a court order (and even then, I'm not sure if the data could be trusted). I'm not saying a "grand" conspiracy has been hatched, but I have no doubt the original X360 design was doomed to have a high probibility of long term failure (thus why it was not seen during the short term testing it most likely received) and the methods to "fix" the problem were done in the most economic manner possible. Can't say I blame them, but if those decisions are coming back to bite thiem in the arse, they need to take responsiblity for FUBARing the corrective action they took to correct a massive cluster-shag in the firstplace.
Static Jak's Avatar - Comment posted on 07/30/2009 10:18
Static Jak
I love my 360.
I love my PS3.
Both have games I want. Game wise, both are excellent with the 360 slightly ahead of games I enjoy.

But dammit, if I have to send my Elite in any more for repair the PS3 will start to reach its way closer to my fav this gen.

It's simply unacceptable at this stage for MS to be selling faulty products. Yet somehow they get away with it.
Shadowiii's Avatar - Comment posted on 07/30/2009 10:31
Shadowiii
I was wondering when SexualChocolate would show up with his patented "my toy is better meeeh I'm 5" argument. You know psychologically being a fanboy is actually you having a surpassed regret for the purchase? It's called Justification of Ownership. Look it up.
I've had a 360 for over a year and never had any problems with it. I've had more problems with my original PS2 (went through three of those, and I even knew how to repair them!). I still have a SNES and NES that work fine.
I did get the piss scared out of me the other day, when the power flickered, my xbox turned off, and when i turned it back on THREE RED RINGS. Luckily unplugging it from the surge protector and plugging it back in fixed it.
CommanderPoopypants's Avatar - Comment posted on 07/30/2009 10:36
CommanderPoopypants
I've never had a problem with rrod, just disc drive fails on 2 360's. When my 2nd 360 screwed up, I decided to just use my ps3 exclusively. I haven't even missed the 360. I've missed a few friends that I chatted with daily on XBL, but the ps3 is great and in no way inferior to the 360. If anything it's the most valuable gaming console currently on the market.
Kyle MacGregor's Avatar - Comment posted on 07/30/2009 10:53
Kyle MacGregor
The Xbox 360 has sold approx. 31 million compared to PS3's 23 million. However, with the host of issues that go wrong with 360s and the horror stories of incidents of red ringing ocuring just after the limited warranty lapses, people often have to purchase another system to play their Microsoft games on. Could there be more working PS3s in living rooms across the world than working PS3s?

Why fix the problem with the hardware when people continue to keep buying them, knowing about the issues. Why fix the problem when you can artificially inflate your install base and thumb your nose at Sony for selling more consoles?

...Maybe Microsoft just wants to fill all the world's landfills with 360s.
Kyle MacGregor's Avatar - Comment posted on 07/30/2009 10:54
Kyle MacGregor
What I would do for an edit button:
Could there be more working PS3s in living rooms across the world than working 360s?*
BattyAdroit's Avatar - Comment posted on 07/30/2009 11:08
BattyAdroit
I love the dense lawsuit-phobic cliches you guys are spouting. As they say, everybody hates trial lawyers - until they need one.
Draconianviper's Avatar - Comment posted on 07/30/2009 11:12
Draconianviper
Thing is, Microsoft figured they could get away doing what they've been doing with the Windows OS for years with their latest gaming hardware. Only real difference(and would have been a dick move on their part if they did) is if they released a slightly better console 2-3 years after the previous one. I still refuse to buy a product that could die on me within the first year of purchase. True, they have fixed some of it and there are many other reports of systems working just fine. However, I still have consoles that are 10+ years old and still work just fine. Until they get their act together, I'll just go to a friends house if I want to play a 360 game.
prev next 50 comments

Comment with Facebook





Click connect and comment instantly!

Comment with Dtoid





New? SIGN UP - it takes 5 seconds

Comments policy

Destructoid is an open discussion community. You don't need to "audition" to post a comment - just speak your mind. We respect differing opinions on the site, so have at it. Be smart, funny, insightful, clueless, or cute -- but back it up with substance. Keep your cool, keep it fun. We only ask that you act respectfully and above all: don't be a troll and ruin it for everyone else. Don't bring down gamers or we'll, you know, gently shoot you in the face and stuff you into a flaming mailbox. Each comment is your opportuntity to make this community awesomer. Is that even a word?

Avoiding the banhammer only requires common sense: spamming, trolling, racism, NSFW stuff, and other forms of sucking will not be tolerated. If anyone is griefing please report abuse. Be good. Don't suck!