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Illinois man sues Micrsoft for scratched discs  photo

Microsoft's spent a lot of time in courtrooms when it comes to problems with the 360. The most recent case deals with a man from Illinois who has sued the company for what he claims are discs that were scratched by being played in the 360. This is not the first time that particular issue has surfaced, either -- a similar case was filed in July of this year in Los Angeles.

So what does the plaintiff want out of all this? A cool 50 grand, plus legal expenses. He claims the Xbox 360 was not fit for sale when he purchased it, something which could possibly be true. It's hard to ignore all those red rings, after all. Have you ever noticed any scratches on your 360 games that you don't remember putting there?

[Via Techspot]








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Colette Bennett is a Destructoid features editor from New Orleans, Louisiana. She is also a founding member of Destructoid's sister sites Tomopop, a toy lover's blog and Japanator, our anime site. Likes Nintendo DS, NES, Silent Hill series, Rhythm games, RPGs Meet the rest of the team



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47 comments | showing # 1 to 47
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Scrixx's Avatar - Comment posted on 12/09/2008 17:20
Scrixx
I should sew Sony then for my ps2 discs. I'd be rich.
Aaron Mxy Yost's Avatar - Comment posted on 12/09/2008 17:20
Aaron Mxy Yost
The cost of a 360 + 3 scratched games = $50,000+. Right...
Scrixx's Avatar - Comment posted on 12/09/2008 17:20
Scrixx
WOAH MAJOR TYPE.

Sue*
bastardmaster's Avatar - Comment posted on 12/09/2008 17:22
bastardmaster
that certainly does look familiar. i have noticed the circular scratch on a few game discs. mass effect seemed to be the only game that would send the system into fail mode though.
Funky Goodness's Avatar - Comment posted on 12/09/2008 17:23
Funky Goodness
I find this hard to believe. I posted about it too, but I didn't have any pics so seeing that scratched disc (if it's from the guy who's suing) I can't help but think he did it purposefully.

My 360's scratched games on me before, but nowhere near that badly.
WiLLiSTER's Avatar - Comment posted on 12/09/2008 17:25
WiLLiSTER
My 360 did that to my copy of Armored Core. Didn't really care though since the game wasn't really fun..
Thane Vickers's Avatar - Comment posted on 12/09/2008 17:25
Thane Vickers
Assuming that the man's had the same problem I've had, I should be loaded. I've had my Haloz scratched twice. It's more of a horrible grinding sound actually. "BRRRRGGGHHH" says the Xbox. I take out the disc and this horrible ring is ground into the disc. It's a tad disheartening.
TUoAnonymous's Avatar - Comment posted on 12/09/2008 17:28
TUoAnonymous
We see three or four of these a week at the store where I work - we tell the customers to lay the console flat and be more careful and that's normally fine. Every so often however I get one of those wonderful customers who seem to believe that the factory is making magical (Soft?) disks that will scratch when played, and that the retailer is accountable for.

While I know this will not stop, I would really like Microsoft to issue an official statement - just something to stick up near the tills.
Aaron Mxy Yost's Avatar - Comment posted on 12/09/2008 17:33
Aaron Mxy Yost
The only time I've personally had a console scratch a disc was the Wii, and that was because the kiddo knocked over the system while I was playing Pinball Hall of Fame. The loaner 360 I'm currently using makes a horrible grinding noise when it loads discs, but not a single scratch on the games when I take it out.
WiLLiSTER's Avatar - Comment posted on 12/09/2008 17:34
WiLLiSTER
My 360 did that to my copy of Armored Core. Didn't really care though since the game wasn't really fun..
Druid 01's Avatar - Comment posted on 12/09/2008 17:38
Druid 01
working a gamestop we see this alot, we pretty much do the same thing TUo said and tell them they should lay their console flat and make sure they don't move it whens its running.

advice to anyone unfamiliar with this issue do not stand your 360 upright, and if for some reason you HAVE too DO NOT MOVE IT when disks are inside. you won't like the result
Holyetheline's Avatar - Comment posted on 12/09/2008 17:40
Holyetheline
Aw don't sue MS!... nah I don't care, do it.
Darren Nakamura's Avatar - Comment posted on 12/09/2008 17:45
Darren Nakamura
How about the dude sues for the cost of the scratched discs and legal fees and be done with it?
Marc of Arabia's Avatar - Comment posted on 12/09/2008 17:48
Marc of Arabia
Normally I'd say this is stupid. But, fuck it, this shit happens to me a lot. 50 big is probably a little much though.
electricmole's Avatar - Comment posted on 12/09/2008 18:00
electricmole
how much is 50 grand? 50 dollars or 50 thousand dollars. i sue them for 1 million dollars. lol
TurboHyperFighting's Avatar - Comment posted on 12/09/2008 18:02
TurboHyperFighting
My box scratched the SHIT out of my COD4 disc, but it was partially my fault. I kicked the table it was on by accident and it knocked the disc off of the spindle, thus creating the most horrible of grinding sounds.

The next day I took it to my local video rental store and they resurfaced it for the price of $1.50. Got it back in less than 2 minutes looking brand new. Most gamestops have this machine, too.

I'm gonna go ahead and use the words egregious and frivolous. Is Illinois as bad as I'm hearing lately?
benjaxez's Avatar - Comment posted on 12/09/2008 18:06
benjaxez
The 360 doesn't have that buffer thing like the xbox had that protected it from that metal thing that goes up, so if you push ur 360 just a bit, it'll grind the shit out of it, and you can see it since the scratch is a perfect circle.

lesson is = keep ur 360 horizontal to prevent these things, but seriously what was MS thinking.
HarassmentPanda's Avatar - Comment posted on 12/09/2008 18:07
HarassmentPanda
Microsoft was sued over this same issue not long after launch. They ended up replacing discs that were scratched with any Microsoft-published game and started putting a sticker on the DVD drive telling people not to move the console with a disc inside.

Considering that these precautions have been taken, I'm not so sure this is a worthwhile lawsuit.
Syn's Avatar - Comment posted on 12/09/2008 18:08
Syn
@electrimole: 50 grand = 50,000 yes.

I would rather sue for the multiple 360 consoles people have gone through as opposed to scratching a disk. Unless it does it ALL the time, like you cannot play a game in it any more because they're ALL scratched in the exact same way.
q-pa's Avatar - Comment posted on 12/09/2008 18:11
q-pa
Is it just me or does that picture say 2005 on it?
How'd he get his hands on a 360 early??


j/k :-P
covah's Avatar - Comment posted on 12/09/2008 18:15
covah
So basically some schmuck that got hit hard by the economy is grasping for straws trying to sue? Yeeeah.
bipolar beers's Avatar - Comment posted on 12/09/2008 18:25
bipolar beers
this happened to me back when gears of war 1 first arrived on the scene. i burrowed a copy from a friend played it a while and boom it became unplayable due to scratches caused by the 360. so i go rent another copy at a local blockbuster and bam it does the same thing again. it was one of the first 360s out so im guessing that issue has been resolved by now? either way im not buyin a 360 to find out
The Love Above's Avatar - Comment posted on 12/09/2008 18:34
The Love Above
My xbox completely destroyed my Gears of War 1 disk. I was playing and I heard a loud buzz and my game froze. When I got the game out there was a huge scratch in it and it was unplayable from then on. My xbox has broken 4 times. 2 red rings, my lens broke once, and my disk drive or something broke once. I'm glad I'm under warranty. But I see a lot of random scratches on some of my games, I guess that's normal.
Rosseh's Avatar - Comment posted on 12/09/2008 18:49
Rosseh
I noticed a ring around my copy of Gears of War that seemed like a scratch, very similar to this one. On closer inspection I found it to be a ring of rubber, worn off from something inside the DVD drive. I removed it with cleaning alcohol and a cuetip and it played fine after that. So it may not actually be a scratch at all. I'll testify!
fetusmilk's Avatar - Comment posted on 12/09/2008 18:53
fetusmilk
my first 360 had a plastic defect in the disk try that was caused by bubbles in the plastic form(which made little divot's in the tray). so my disks started to scratch at first till i returned them and the 360.

and yes the scratches were in the same location as the defect. and no ,i never moved the system while a disk was on or in the tray.
AClockWorkMelon's Avatar - Comment posted on 12/09/2008 19:01
AClockWorkMelon
Wow... nice.
Zarathustra's Avatar - Comment posted on 12/09/2008 19:08
Zarathustra
I think the point here is not for one guy to make some money off MS, but to force MS to take some responsibility and admit their mistake. The fact is, they released a system that damages discs. I work in CS for a major third party and we see this all the time. Keeping the system horizontal and stationary doesn't makes minimal difference. Any disc can be scratched at any time in any configuration.

As consumers, we've been bending over and taking it from MS. I am glad some people out there are calling them on their shenanigans with more than just talk. Hopefully it will actually result in an Xbox that doesn't damage discs. Probably not though, since MS is the king of not caring about consumers.

(btw, I play my 360 every day and have luckily not had any problems with it myself)
MrBAMF's Avatar - Comment posted on 12/09/2008 19:18
MrBAMF
OMFG i would have just asked for a new game and then some if i was feeling like being a dick. jesus people.... is this really some to sue over?!
TheStripe's Avatar - Comment posted on 12/09/2008 19:24
TheStripe
I smell a settlement. The guy will get $10K if he's lucky. Most likely, he'll get a new box, new games, and a free month of live.
electricmole's Avatar - Comment posted on 12/09/2008 19:28
electricmole
@SYN thanks. wow, 50,000 dollars i wish something like this happens to me.
Newsworthy's Avatar - Comment posted on 12/09/2008 20:35
Newsworthy
I've actually had this happen to my GH III disc. Thought it was me, but there's some very even circles now scratched into the disc... I have the 360 vertical... I thought I was the only one!

CLASS ACTION! CLASS ACTION!
John B's Avatar - Comment posted on 12/09/2008 20:48
John B
Well, I don't have a 360 yet, but at least now I know to keep it horizontal.

And I agree that this should have been elevated to Class Action status.
vertice's Avatar - Comment posted on 12/09/2008 20:54
vertice
my xbox lightly damaged my copy of fallout 3, but due to the laser being shoddy it wouldn't work anymore. It worked elsewhere, just not on mine.

So i said , 'fuck it' and replaced the dvd rom firmware, and made myself a pristine backup of the game.

Going to be hard pressed to make me play my originals on my xbox now, especially as I don't play on Live.
Crunshii's Avatar - Comment posted on 12/09/2008 20:54
Crunshii
The correct action would be to demand for a fixed xbox and the scratched game (How MotoRobo said). However, there has been so many reports on faulty dvd drive on the 360 as there's been RROD. AND MS claims no responsibility that their DVD drives are faulty (hiding the notion that is only the RROD).

Look at this tread, how many people have had their disc scratched with a 360 and done nothing. I don't blame anyone for suing for a faulty system with so many damages.

Also anyone bringing the PS2 into the argument, well Sony did accept it had that problem and yes they did fix it for anyone who had it. As they did with mine. But right now you cant call MS and say: "Hey, my 360 scratched all my systems! what can you do about it?" MS: "Sorry, our system is perfect, your the wrong doer, pay 150$ and we will gladly fix it up".

Ive seen this happen.
ninjikiran's Avatar - Comment posted on 12/09/2008 22:25
ninjikiran
Never has happened to me, and I have had a 360 for a very long time.

This guy is not going to win anyway, especially with his crazy demands. What the 360 cost him $50,000 in emotional damage or something?
manasteel88's Avatar - Comment posted on 12/09/2008 22:41
manasteel88
everybody is looking for a settlement.

I've gotten heat spots on the disc which can be attributed to the overheating issue that the 360 has but I haven't had any scratches caused directly from the disc drive that I know of.
Cube's Avatar - Comment posted on 12/09/2008 22:54
Cube
YA well some restaurant gave me bad food that was not properly cooked a few days ago and I am lookgin for my own lawsuit.

Oh and I am still bitter towards any cooperation


I say good job kicking microsofts ass and I hope you sue them until they go under. they deserve it it for not testing there console correctly on just about every level.


and if they have not screwed up yet you should slap a lawsuit on them for anything they will do in the future.
amx70s's Avatar - Comment posted on 12/09/2008 23:02
amx70s
Nov. 26, 2005. lol.
countryfan1123's Avatar - Comment posted on 12/09/2008 23:02
countryfan1123
This has happened to me and my friend. My friend called me and told me his Rock Band had a deep scratch and that he was now using it as a Frisbee. The next morning my GH3 game had the same scratch, so I took 'em to a local game store, plopped down $4 and we've been playing them ever since. Best $4 investment ever.
JustLikeBuck's Avatar - Comment posted on 12/10/2008 03:49
JustLikeBuck
It's odd that we're all shocked when a record company sues someone for hundreds of thousands of dollars, and yet there are a few folk here actually disgusted some man is trying to do the same to a big company.

3 games do not equal $50k, well done to those with the BSc in Mathematics!

It is meant as a deterrent, and more importantly a legal precedent so that no company can justify such epic design flaw in the future.

Good luck to him.
SetoChaos's Avatar - Comment posted on 12/10/2008 04:35
SetoChaos
Yep, Microsoft has scratched both myself and my friends discs. My Gears of War 1 has been the most affected.
zombiekiller13's Avatar - Comment posted on 12/10/2008 07:05
zombiekiller13
I don't think anyone has a case. Microsoft put a warning in the manual and I'm pretty sure stuck one on the front of the 360 to state that you should never move the console with a disc inside it. Really goes for any disc-based console.

So, one would have to prove that they never did that, in a court of law. Because all Microsoft has to do is take a 360, put a disc in it, shake it a bit, and then take the disc out.

As MotoRobo said, this guy is going to have to take a disc and pop it into his own 360. A new one, though, not an already scratched one.

I'm not a Microsoft fanboy...just saying this one is going to be hard to prove.
BoBoTheChimp757's Avatar - Comment posted on 12/10/2008 07:44
BoBoTheChimp757
This is a rather frivolous lawsuit. The Xbox 360 doesn't just randomly scratch disks, it only happens if you move the machine while it is on and the disk is spinning. It has happened to me twice, once because I didn't know any better, and the second time because my sister moved it while it was on. While it does seem like a design flaw, Microsoft does warn you NOT to move the console while it is playing a disk. It's called taking responsibilty for your actions people.

;)
bipolar beers's Avatar - Comment posted on 12/10/2008 10:38
bipolar beers
bobo your so completely wrong. it does indeed randomly scratch disk even while being unmoved. you may have yourself a good 360 console but there are many gamers who encounter disk scratches while being extra careful for it not to happen but it jus does. why? because it was not manufactured correctly.
Duke2071's Avatar - Comment posted on 12/10/2008 14:44
Duke2071
First year that I had my 360, I had my Call of Duty 2 disc literally shatter inside the console while i was playing it... Wasn't moving the console at the time either. It was pretty lame...
el_chack's Avatar - Comment posted on 12/10/2008 17:54
el_chack
This certainly is a very old problem with the Xbox 360.

The Xbox 360 drive is horribly designed, that's why it scratches the disc if the console is moved while it's on and contains the disc inside.

Some dumb guy told me "this happens with each optical disk drive". Stupid argument: We inserted a CD in a turned on desktop and moved it with "semi-rotating" left to right movements. The result: the disc was intact.
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