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XBox Owner Sues Microsoft

drusoicy writes "Reuters is reporting that Sean Burke has filed suit against Microsoft because his XBox system stopped reading discs (games or otherwise) after less than one year of use. Many XBox owners can relate, as XBox hard drives are known for crashing. 'The defective XBox's stop working after minimal usage, after unreasonably, unconscionably, unusually and unexpectedly short amounts of time,' the lawsuit said. The suit will probably become class action, and seeks to represent anyone who has purchased an XBOX since the 2001 launch."

17 of 935 comments (clear)

  1. PS2 Class-action by Liselle · · Score: 5, Insightful

    I didn't think history would repeat itself so soon. How many people remember the class-action lawsuit against Sony? They had the infamous "Disk Read Error" on the 1st generation PS2s. If I recall correctly, Sony has to repair or replace the affected systems, even if they are out of warranty (I'm sure someone will correct me if I am mistaken).

    Reputable links are pretty sparse, but a quick Google search revealed a FAQ that has surfaced in several places. I usually despise class-action suits, they tend to only make lawyers rich, but as the owner of a failed 1st gen PS2, I have to say this might be a worthy use of it. IANAL, etc.

    --
    Auto-reply to ACs: "Truly, you have a dizzying intellect."
  2. What is the Warranty Period? by stecoop · · Score: 5, Insightful

    Rest assured that MS doesn't want their Xbox to die after a length of time. As /. has speculated in the past, MS is selling them at a loss. Supposedly, the money is in the support services and gaming. I bet it will get repaired if it is wihtin the warranty period.

    Also, MS has rolled out the media center for Xbox. I speculate that MS is trying to enter the Movies Over IP (moops from Seinfeld ;). I thought that Xbox needed a TV turner but now I believe that the new market is going to be TCP/IP movie center rather than Rf coax.

  3. Re:Why can't he just return it? by Anonymous Coward · · Score: 5, Insightful

    Does the world really need another manufacturer producing bad goods?

  4. Re:Why can't he just return it? by McKinney83 · · Score: 5, Insightful

    Do you think a store would take a product back after a year?
    And give you a replacement?

    --
    Winner of The Second Annual Montgomery Burns Award for Outstanding Achievement in the Field of Excellence.
  5. Re:Why can't he just return it? by badriram · · Score: 5, Insightful

    No.... This happened to me to, barely a year after my XBOX started giving me the disc is dirty erorrs on new video games. What what pissed me offf the most was that there were a ton of people this happened to, and MS charges a 130$ to fix a problem that really is a hardware fault.

    This is not one of those McDonalds Hot coffee lawsuits

  6. Re:And if they win! by ackthpt · · Score: 5, Insightful
    We might get a whole 18 dollars back. While the lawers get millions.

    Not likely. Microsoft Home Entertainment Division will probably offer coupons for exchanges and a free game or something. Once they've got you hooked, you think they're going to let you get away?

    --

    A feeling of having made the same mistake before: Deja Foobar
  7. Re:ok? by PitaBred · · Score: 5, Insightful

    You're a well-trained little consumer, aren't you?
    Gone are the days of actually making robust products, no, we'll give them warranties. Chances are that even if it does break, people won't hit companies up for the warranties, especially if they're limited time. It's a profit increasing mechanism.
    Ever seen the movie Tommy Boy? Warranties on brake pads? A warranty does a fat lot of good if the brakes fail. Give me a well-built product any day, even my consumer electronics. Enough of this throw-away crap.

  8. Re:Why can't he just return it? by sgant · · Score: 4, Insightful

    Really, I can't see the guy actually filing this...I'm sure it was his attorney that got ahold of him and saw "class action" written all over it and is just using this poor slob as a springboard.

    Class action lawsuits are for attorneys, not clients.

    --

    "Leo Fender was in a 'state of grace' when he designed the Stratocaster." -- Paul Reed Smith
  9. give the people what they want by Doc+Ruby · · Score: 4, Insightful

    You can have it >Cheap, >Good, >Fast. Pick any two.

    --

    --
    make install -not war

  10. Re:Why can't he just return it? by Anonymous Coward · · Score: 5, Insightful
    Look at the Firestone tire recall...would you all be saying "Just use the tires even though they suck...when you crash and die, just return the tires for new ones". I thought not.

    The difference here is that, when your XBox breaks down, it doesn't fucking kill you!

  11. Warranties are NOT free by rev063 · · Score: 4, Insightful
    My computer stopped working after 6 months... what did I do? I sent it in to get it repaired... for FREE because of a warranty
    This is such a stupid statement, but I see it all the time. Warranty repairs are NOT free. The cost of supporting the warranty is already factored into the price you pay at purchase. And this doesn't even count the indirect costs of making a warranty claim: the time you are without the product for which you've paid, the time spend to ship it and fill in the forms, the cost of interim replacements, etc. etc.

    When I buy a car, I generally look for the one that has the highest reliability rating, and NOT the one that offers the longest warranty (all other things being equal, which they never are, of course). I'd rather have a product I can depend on, rather that one the manufacture is implicitly stating is likely to fail.

    Remember kid: there ain't no such thing as a free lunch.

  12. ummm...? by Ender+Ryan · · Score: 4, Insightful
    This guy bought a product, and it failed after an absolutely unreasonable timeframe. And you're saying he should have _purchased_ (ie. PAID MORE MONEY!) to protect against such an occurance. So... In other words, it's not the manufacturers responsibility if the product doesn't work?

    No. Fuck that.

    We are a litigious society because we have no useful consumer protection - here, consumer protection is usually insane over-protection, and a complete lack everywhere else - and our legal system is completely fucked, and encourages frivilous lawsuits. Other countries don't have this problem, and they have much more useful consumer protection.

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
  13. Re: Warranties by delphin42 · · Score: 4, Insightful
    This guy bought a product, and it failed after an absolutely unreasonable timeframe. And you're saying he should have _purchased_ (ie. PAID MORE MONEY!) to protect against such an occurance. So... In other words, it's not the manufacturers responsibility if the product doesn't work?
    Yes. There's a tradeoff between the cost of the product and the support burden on the manufacturer. If you want to require Microsoft to warranty their product for a "reasonable" timeframe then you have to be willing to pay more for your XBox.

    As much as I hate having an extended warranty shoved down my throat at a retail outlet, I do appreciate the fact that at least I have a choice. If I want insurance that my product will work for 3,4,5 years then I can pay more and get it, but on the otherhand I also have the freedom to buy the product with the manufacturers rather limited warranty and not pay any more than I have to for the product. Nothing is free, reliability costs money and so does support. At least making the extended warranty a separate purchase gives the consumer the choice.
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    -- Adam
  14. Re:Why can't he just return it? by budgenator · · Score: 4, Insightful

    well maybe he didn't want to submit to the Extended Warrenty Extortion. Personaly I feel if a product doesn't last a year, it was defective fom the git-go.

    --
    Apocalypse Cancelled, Sorry, No Ticket Refunds
  15. It doesn't work by Craig+Ringer · · Score: 4, Insightful

    Unfortunately, that model doesn't seem to actually work. The reason everything used to be well made and often sold with lifetime warranties - but rarely is now - is that people started buying the cheaper option no matter what.

    People buy on price. So long as that persists, there's only a small market for quality products.

    Would you really pay probably five times as much for a system you can expect to run vastly more reliably and run for, say, ten years? If so, would you, by the end of the second year why you didn't buy the cheap one?

    I do agree that it's gone too far (6 month HDD warranties and 90 day warranties on products that cost several hundered - WTF?!) but usually where it makes sense you have the option of a decent warranty. You also, again where it's practical to make one, usually have the option of a better made product that will last longer.

    So tell me, do you have enterprise class SCSI or SATA drives in your PC? Or did you buy the cheap 120GB PATA ones?

    I'll put my money where my mouth is when I care. I just bought a very nice bike with a lifetime warranty on the frame - and don't ever expect to have to call in the warranty. It doesn't cost that much more to make a bike frame _much_ better, and it's worth the premium.

    On the other hand, if someone told me SUN were making dual Opteron workstations with a lifetime warranty (and build quality such that SUN didn't expect it to be used much) so why don't I get one - it's "only" $10,000 - I'd laugh in their face. To me, my PC dying is acceptable compared to the price tradeoff I get in exchange for that risk - I have a functional brain, I keep backups and know how to recover quickly so it's not that big a deal.

    I often wish it was possible to buy better quality products, and am increasingly irritated by the tendency of quality to equate with overpriced wank - to pay for quality, often you're forced to pay for stupid wank factor too. Sometimes you just can't seem to get quality (I've been through three kettles recently, and have just given up hope of finding one that doesn't suck). Still, indestructable and expensive isn't for every situation, much as crap with a warranty or cheap with no warranty are both also unsuitable for many situations.

  16. I know everyone hates MS... by nwbvt · · Score: 4, Insightful

    ...but come on! He is suing because his toy broke. Thats it. This is the world when even 12 year old kids have ambulance chasers, er, lawyers following them around and filing lawsuits whenever something happens that pisses them off.

    --
    Mathematics is made of 50 percent formulas, 50 percent proofs, and 50 percent imagination.
  17. Re:Why can't he just return it? by Politburo · · Score: 4, Insightful

    Pasta isn't the issue here. You don't drink the water you use to make pasta. Heaters aren't the issue here, you don't eat heaters. Spare me the anecdotes; they're the weakest argument in the world.

    You're all missing the point of the McDonalds case. Coffee is designed to be consumed. Yes, it's a hot liquid, but it is still designed for human consumption. Liquid that can cause third degree burns within 5 seconds is not suitable for human consumption. This is what McDonalds was selling, and they were well aware of this. It was an unsafe product, with a history of being unsafe, and the corporation took no actions to correct it until the lawsuit.

    Again, if this was so simple, why was the lawsuit successful?