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Microsoft sued for Xbox 360 updates

5:29 PM on 12.07.2006   |   Fronz

Microsoft sued for Xbox 360 updates photo

Remember when the Xbox 360 fall update was released and a small 1% (60,000 people) experienced broken 360s with the error screen seen above? Well since then we've played Call of Duty 3 and problems seemed to be "All Quiet on the Western Front," but a few disgruntled gamers have recently decided to take action against Microsoft, a class-action lawsuit action to be more precise.

Accusing Microsoft of breaching contract, negligence, and violation of the Consumer Protection Act in a Washington district court, the plaintiff is demanding that Microsoft pay at least $5,000,000 in damages for their contract breaching actions, and at least another $5,000,000 in damages for their deceptive actions under the CPA laws.

Last time Microsoft commented on the Xbox Live drama they had stated that the updates should have only broken consoles that had been tampered with to play pirated games, but have since kept quiet. It's interesting to see a gaming lawsuit that doesn't involve Jack Thompson or gaming geezers in the Senate, but I think we're still gonna get the same outcome as always -- game industry FTW. What do you guys and girls think?








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Tom Fronczak is Destructoid's third hire and obviously a founding editor. Fronz is an accomplished 3D animator and aspires to become the next Miyamoto when he gets old and turns Japanese someday. Fronz is also the founding member of Destructoid's sister movies site, Flixist. Likes Art, Movies Meet the rest of the team



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13 comments | showing # 1 to 13
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wintermute's Avatar - Comment posted on 12/07/2006 17:56
wintermute
Attempting to sue Microsoft is.... unwise.
World Famous's Avatar - Comment posted on 12/07/2006 17:59
World Famous
Case will be thrown out. This is just silly.
wintermute's Avatar - Comment posted on 12/07/2006 18:06
wintermute
They have a right to a replacement 360, which as far as I know, they can get. There is no need for litigation.
subnet6's Avatar - Comment posted on 12/07/2006 18:10
subnet6
This is a frivolous lawsuit IMO. Ok, try to get a free repair or something, but 10 Mil? Nonsense.
Fronz's Avatar - Comment posted on 12/07/2006 18:16
Fronz
Microsoft: "Here's 10 million 360s!"
360 gamers: "Where's my $10 million?!"
LxLegend's Avatar - Comment posted on 12/07/2006 18:33
LxLegend
It's because of things like this almost every game console manual has about 3 to 5 pages of legalese.

What a waste of time, if this does go to court I hope MS makes them pay for their legal fees.
Wraith42's Avatar - Comment posted on 12/07/2006 18:49
Wraith42
My 360 was killed by this update. Am I pissed about it? Sure. Does MS need to replace my console? You bet. Do I deserve any cash for the inconvenience? Ehhhhh...that one's pushing it.
Ballistic90's Avatar - Comment posted on 12/07/2006 19:42
Ballistic90
I'm not surprised one bit. People will sue for nearly any reason they can come up with. I hate these people.
Daniel Husky Lingen's Avatar - Comment posted on 12/07/2006 19:44
Daniel Husky Lingen
That's flipping hilarious, I wonder how much they're going to get

if anything
wake's Avatar - Comment posted on 12/07/2006 22:32
wake
Microsoft should just fix it for free, and cover the shipping both ways. Maybe throw in a $5 off coupon or something for the trouble
Aaron Mxy Yost's Avatar - Comment posted on 12/07/2006 23:10
Aaron Mxy Yost
Hooray, more money for lawyers! We so need a loser-pays legal system in the US.
deiga-the-semivaliant's Avatar - Comment posted on 12/07/2006 23:35
deiga-the-semivaliant
They sue for a lot so the inevitable out-of-court settlement will be higher.
Reverend Slim's Avatar - Comment posted on 12/08/2006 10:27
Reverend Slim
Gamerscoreblog.com (a site run by Microsoft employees) confirmed that the E71 error was caused by "faulty installation code" in the Fall update. So from 10/31 until 11/2, anyone who connected a 360 that didn't already have the Spring update on it (i.e. new or refurbished consoles that hadn't been connected to Live) got the ole' brick-a-rooney. Majornelson.com also acknowledged this problem.

Despite MS employees owning up to it, they did NOT want to fix this for free. How do I know this? Because I got a refurb back from them on Halloween, which was immediately bricked as soon as I hooked it up. I had to pay to ship it to MS... and they then sent me a broken refurb, which I returned... and I still don't have a working system since OCTOBER 16TH.

This has NOTHING to do with modded systems, which usually got the E74 error, not E71.
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