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Home Utterly pathetic updates

Parasites sue Microsoft for Xbox Live failures
10:30 PM on 01.04.2008, Jim Sterling 99 comments

Parasites sue Microsoft for Xbox Live failures photo
     Utterly pathetic

Perhaps it was foolish not to see this one coming, but Microsoft is finally facing a lawsuit over the crippled Xbox Live service that subscribers suffered over the holidays. Three Texans have filed a class action suit against the company for what they view as a breach of contract.

Now, I fully understand that the Xbox Live problems have been more than a little irritating for many gamers, myself included, but come on. A lawsuit? It just goes to show what a parasitic, disgusting, money-grubbing culture we've created when three greedy Texan wankers can sue Microsoft because they lost a few days of throwing grenades on Team Domination.

While these leeches whine about "many plaintiffs being kicked offline," I have to wonder what kind of twisted individual sees an opportunity for a lawsuit in this, a chance to profit from the situation. Not once did the thought of trying to sue people enter my head while Xbox Live was screwing up and nor, I hope, did it enter the heads of any other decent person with a shred of integrity. It's not like MS isn't offering something in return for what was, let's face it, a few dollars' worth of downtime -- if that. If you want to try and get thousands of dollars for the couple you lost -- you're a piece of crap, no matter how sucky Microsoft has been lately.

Next time your ISP has to go down for a few hours, or your cable company loses some channels for a while, sue them. Because being a suit-happy little grifter is the American dream.

[Thanks, Madninja]


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Vitamin Awesome's Avatar
Vitamin Awesome at 01/04/2008 22:30
The lawsuits fly...
at X-Box live...

DEEP IN THE HEART OF TEXAS!
FreePablo's Avatar
FreePablo at 01/04/2008 22:34
Bunch of nerdy moron fuckheads. Complaining about around 5 days of precious downtime(including New Years Eve playing? God.) that hurt them so bad. Just this week I was lucky and able to return a $750 HP laptop that was the top seller on Amazon during Black Friday because it's wireless does not work at all or will die soon(as mine did the first day). And HP's customer support hasn't done a thing for their consumers in the last 6 month and their class action lawsuit has its own website. Deservedly so because I would've gladly joined the thousands of people in that ensuing lawsuit. But these idiots and their $2 or whatever they want out of it...
Redzie's Avatar
Redzie at 01/04/2008 22:35
Damnit. Don't blame us texans just wanting more money to feed our horses and getting more guns.
Jace101's Avatar
Jace101 at 01/04/2008 22:35
I'm going to sue my girlfriend for the downtime on my penis. Get it? Come on! It's kinda funny if you think about it. Not so funny that I don't actually have a girlfriend but it works hypothetically.
Juggernaut's Avatar
Juggernaut at 01/04/2008 22:36
This is so dumb. I really hope they're only able to get a few cents out of it so I can laugh at them.


Submit player review.... avoid this player.
Coonskin05's Avatar
Coonskin05 at 01/04/2008 22:37
wait. Redzie, you're a Texan too? Where do you live?
Eschatos's Avatar
Eschatos at 01/04/2008 22:38
I hate those fuckers .. to death.
ZServ's Avatar
ZServ at 01/04/2008 22:38
So, I'm just commenting for the sake of commenting because I can't be bothered to come up with something witty for this, as I've already READ THIS FUCKING ARTICLE TWICE.

Also, Jim, dear, please do your laundry.
Demios's Avatar
Demios at 01/04/2008 22:38
Im suprised its taken this long for something like this to actually rear its clusterfuck of a head...

Microsoft compared to the other company are doing a much better job of dealing with customer complaints IMO.

Shit the usual response you get from Sony/Nintendo is "Roll with it bitch!"

And no, that doesn't make me a 360 fanboy.
Coonskin05's Avatar
Coonskin05 at 01/04/2008 22:39
Us Texans love our XBOX Jim...


Thornnn's Avatar
Thornnn at 01/04/2008 22:52
I loled every time I read about this today on D-toid.
Redzie's Avatar
Redzie at 01/04/2008 22:56
@Coonskin05
I live in Houston.
Shin Oni's Avatar
Shin Oni at 01/04/2008 22:58
if anyone had...HAD the right to sue, it's anyone who's had their live for quite awhile. not some random texans who's probably suiing cause they just got the damn thing.

but seriously though, this is just leading back to how someone sued Activision because of the mono output on Wii versions of GHIII. People will sue for anything as long as they benefit something from it.

and this is why America continues to phail in life. Cause we have time to whine about small things like this when it's already been stated it's being worked on.
Altair78's Avatar
Altair78 at 01/04/2008 22:59
Man and I though the "Welcome to California... the SUE YOU State!" sign was bad when I went home for the holidays... but this is just Fucktarded!

Has anyone trademarked Fucktarded yet? If not, I call dibs!
Cheeburga's Avatar
Cheeburga at 01/04/2008 23:13
Not a bad idea.
BlueWolf72's Avatar
BlueWolf72 at 01/04/2008 23:17
lets prank call shannon :)

http://www.whitepages.com/5116/search/FindPerson?search_id=10041421955819139810&city=BEAUMONT&state_id=TX
MaxVest's Avatar
MaxVest at 01/04/2008 23:27
Strong words, but you don't appear to be overly familiar with the American legal system.

Customers sue, Microsoft settles. It's almost always low-dollar vouchers good for future service, which in this case will probably result in a handful of free Xbox LIVE points to compensate for the downtime, or a credit towards a renewal. The whole point of going to court is to get a judge (or very rarely jury) to serve as an umpire in the debate over how much that down time was actually worth. The lawyers make sure that Microsoft pays their fees in cash, not vouchers. And don't you believe for a second that Microsoft settled out of the kindness of their hearts; one consideration was to reduce exposure in a class-action suit.

So climb on down off that high horse cowboy, this is business as usual. About 98% of court cases don't reach a verdict, because the primary goal of class actions are (ideally) to force a fair valuation by an impartial judge. England is not equal to the United States, and US courts are used for very different purposes.
taumpytears's Avatar
taumpytears at 01/04/2008 23:31
Maybe next I can sue Harmonix because after playing Rock band/ Guitar hero I cannot actually play guitar.
FinalFist's Avatar
FinalFist at 01/04/2008 23:31
HMMMM, where have you been living these past years Jim. I'd like to know because it certainly isn't a capitalist society if you've just realized how greedy we all are.

But yeah, litigation like this really just does everyone harm.
king3vbo's Avatar
king3vbo at 01/04/2008 23:32
LOL Coonskin
Altair78's Avatar
Altair78 at 01/04/2008 23:43
maxvest,

Very good point made there. I think what some of these peeps are saying, or at least I know I am, is that the fact of going through all this just because of a few bucks... and something that wasn't even that harmful. This may be just my personality in general (many friends say I'm very hard to piss off, though the reward of doing so isn't worth it for it hurts very much), but I think missing a few gaming days doesn't warrent a whole lawsuit over the thing. Shit, use it as an excuse to do some chores, finish an unfinished project, or at least read a book.

Wait... these are gamers... scratch that last book thing... whatever they are.
ToxinBlackheart's Avatar
ToxinBlackheart at 01/04/2008 23:43
Bah, extremely lame. Wasn't the promised free XBLA game enough?
Boolean's Avatar
Boolean at 01/04/2008 23:44
The way I figure it for the 5 days Xbox live was down, they are entitled to a refund of 95 Australian cents. Well done.
Necros's Avatar
Necros at 01/04/2008 23:49
MaxVest's comment is correct and very well-written. Therefore, I'm not going to complain if this class-action lawsuit gets me some free Live points, because I'm a cheap bastard.
MaxVest's Avatar
MaxVest at 01/04/2008 23:58
Altair78: I understand your point, and to many of us, a lawsuit would seem like a huge deal. But to Microsoft, it's not. It's part of the cost of doing business. And shockingly, it's probably more efficient (read: cheaper for them) in the long run than trying to enact a government solution and comply with it.

I rarely speak passionately publicly, and I fear I've overreached tonight. But I see a growing group of people who are so eager to believe the worst about something that they will ignore common sense in order to attack it. For example, that 37-year-old Time magazine article making the rounds. Not many people stopped to say: Hmmm. This sounds a little off. Some people just ate that bit of misinformation up, displaying an almost vicious enthusiasm for ignorance in their hurry to paint the U.S. as some kind of theocratic cowtown.

One could ask oneself: There are a lot of large U.S. companies. In fact, in in a capitalist economy, businesses would seem to have a good deal of influence. If they have power, then why don't they lobby Congress to end class actions? One possible answer is because all Americans like to sue because it makes them so rich. But class actions almost never pay cash if they can pay in goods or services. Do you know anyone who got rich suing?

What happened is a few lawyers in Texas got together and called a few buddies who had XBox LIVE go down. Then they sue. Microsoft will argue that it's already paid enough. Both sides present evidence. If a judge thinks that Microsoft already paid enough, then it's off the hook. If the judge is leaning towards no, Microsoft will settle and give a little bit more to its clients. Does that sound insane?

Basically, if something sounds too perfect to be true, it almost always is.
MechaMonkey's Avatar
MechaMonkey at 01/05/2008 00:01
I read through the complaint filed by our three Texan friends, followed by the Xbox LIVE Terms of Use. At most, these people can get one month's worth of subscription fees, if anything at all, according to the TOU:

[i]16. WE MAKE NO WARRANTY
We provide the Service "as-is," "with all faults" and "as available." The Microsoft Parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

17. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
You can recover from the Microsoft Parties only direct damages up to an amount equal to your Service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to:
-any matter related to the Service,
-any matter related to content (including code) on third party Internet sites, third party programs or third party conduct,
-any matter related to viruses or other disabling features that affect your access to or use of the Service,
-any matter related to incompatibility between the Service and other services, software and hardware,
-any matter related to delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Service in an accurate or timely manner, and
-claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if:
-this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
-Microsoft knew or should have known about the possibility of damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.[/i]

That should adequately handle the claims of Breach of Contract and Breach of Warranty. I think the claim of Negligent Misinterpretation will fail just fine on its own, without the other two to back it up.

I hope Microsoft doesn't settle. They surely have lawyers competent enough to put this one to bed.
MechaMonkey's Avatar
MechaMonkey at 01/05/2008 00:02
Note to self: BBCode is fickle.
llllDrGONZOllll's Avatar
llllDrGONZOllll at 01/05/2008 00:08
If this goes through I may just sue Guinness.. man I was so hammered drunk when I went to bed... but when I woke up it was gone. In haste I broke a few bottles over my head, because I was hungover and confused. I looked for directions on the lable, but Surgeon General gave me a lame fuckaround about being pregnant. Meanwhile I may just start huffin paint again. My best chance of gettin on G4tv will be that guy with paint on his mouth stumbling around laundry mat with my pants down about my ankles.
MaxVest's Avatar
MaxVest at 01/05/2008 00:11
Mecha: Notice the language in [16] "to the extent permitted by law" and in [17] "Some states do not allow the exclusion or limitation of incidental or consequential damages"

I'm willing to bet that Texas law is favorable to the plaintiffs. The trick will be proving incidental and consequential damages in addition to the fraction of a month's service that was lost. But that's boring stuff that you'll learn all about in the fall. Are you still on target for that?
Cheeburga's Avatar
Cheeburga at 01/05/2008 00:16
Free frogger foreveryone.
Jim Sterling's Avatar
Jim Sterling at 01/05/2008 00:22
Maxvest: Thank you for your feedback. I dunno, it still totally strikes me as a rubbish mindset to have. I just hate that every little problem at occurs, OMG LAWYER! The thought of lawsuits never crossed my mind and I like to think that people who aren't whiny grubbers never thought it either.
MechaMonkey's Avatar
MechaMonkey at 01/05/2008 00:23
Yup. Got accepted, I'll be attending Cardozo. Eventually I'll get back on IRC and chat you up about it.

Microsoft can get the claim for Breach of Contract moved to Washington, if I read the TOU correctly. I'm not sure how that applies to the implied warranty. Would the warranty fall under the terms of the contract, or is it a separate issue?

[i]20. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this contract is with Microsoft Corporation, then claims for breach of this contract will be subject to the laws of the State of Washington, without reference to conflict of laws principles. If this contract is with a Microsoft affiliate, claims for breach of this contract will be subject to the laws of the place of incorporation for such Microsoft affiliate, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which we direct your Service.
If this contract is with Microsoft Corporation, you consent to the exclusive jurisdiction and venue of state or federal courts in King County, Washington, USA for all disputes relating to this contract or the Service. If this contract is with a Microsoft affiliate, you consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Microsoft affiliate for all disputes relating to this contract or the Service. You cannot revoke this consent.[/i]

I'm willing to bet Washington is a little more friendly to Microsoft, or they wouldn't have set themselves up there. You're probably right about Texas though.
Sharpless's Avatar
Sharpless at 01/05/2008 00:30
They're wanks. End of story.
PrinceofCannedPeaches's Avatar
PrinceofCannedPeaches at 01/05/2008 00:31
Hm. If it had to be anyone, at least it's Microsoft, or as the legal community calls it, "Bill Gates' Big Pile of Money".

Still, this may make the brass at Microcawks a little more skeptical about investing in the console gaming market. God knows, they barely had their heart in it to begin with.
TheBrain's Avatar
TheBrain at 01/05/2008 00:35
I hope they get the amount owed them for each hour of downtime they experienced.

0.571 cents.
vishusdelishus's Avatar
vishusdelishus at 01/05/2008 00:51
I'm sure there is a clause in the xbox live service agreement that voids them of all responsibility. The very same service agreement that nobody bothers to read when they sign up.
MaxVest's Avatar
MaxVest at 01/05/2008 00:51
@Jim: I used to feel the same way, and on some level still do. But none of the plaintiffs will get money (although their lawyers will...) and that in some ways this is not a terrible solution for Microsoft either.

@Mecha: Congratulations! And [Sorry for boring you Dtoid] a claim of breach of contract would likely be adjudicated under Washington law. However, from reading only the Seattle Times article, this suit looks like it might also include claims of deceptive marketing practices (Microsoft knew it couldn't provide service to new customers) which would probably be governed under TX law.
deanhatescoffee's Avatar
deanhatescoffee at 01/05/2008 01:10
Jimmy, you may be a Brit, but you've got the American dream nailed. :)
MaxVest's Avatar
MaxVest at 01/05/2008 01:13
@Mecha: Just read the complaint. Looks pretty standard; lots of boilerplate. Because of the amount in controversy (under a new class-action law), this had been filed in federal court. Even so, the court will apply state law. Probably Washington for contract, and Texas for warranty and negligent misrepresentation.
freeman1's Avatar
freeman1 at 01/05/2008 01:30
That's ridiculous! Of all the things to sue Microsoft over, they picked the dumbest one.
Samit Sarkar's Avatar
Samit Sarkar at 01/05/2008 01:45
These are the same kind of people who sued McDonald’s because they didn’t realize their coffee would be hot.
Bowshi's Avatar
Bowshi at 01/05/2008 03:05
'Cos they're gonna beat the million dollar lawyers of MS without any hassle at all, cos they got a lawyer that failed at Math. Amirite?
vexed alex's Avatar
vexed alex at 01/05/2008 04:09
Douche.
Kaikara's Avatar
Kaikara at 01/05/2008 04:33
I haven't even BEEN on live as my console is RROD. Fucking M$.
realyst's Avatar
realyst at 01/05/2008 05:01
What douche bags, using the law for silly unrealistic personal gain against all common sense.....this is something people like Microsoft would do

....wait....huh? O_o

In any case, I fully agree those who do these things are the pisspots of society and deserve eternal assrape with a rusty spire, no matter how little I sympathize with the defendant.
DryvBy's Avatar
DryvBy at 01/05/2008 07:16
Well, I think they should sue. Last weekend I was kicked off several times of what the internet world likes to call "the perfect service" yet I couldn't even play Halo 3 with my bro aside from a 4 player double DM lagfest coming straight from MS and then being kicked several times, losing rank. If I'm going to pay a freakin' fee to have such sucky features as Matchmaking, I should at least be able to stay online. Can I join in this also?
DOOM's Avatar
DOOM at 01/05/2008 08:11
I hate these freaking loosers!
Quest's Avatar
Quest at 01/05/2008 09:35
Hey Jim

why everytime there's something wrong with M$ it's never a big deal ... but every single stuff about sony are not ok ?

unfair journalist ... like most of the readers here ... too many M$ fanboys.

By the way PSN is up and online play is flawless ;-))) also it's free :-)))
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