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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."

24 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.

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    1. Re:PS2 Class-action by destiney · · Score: 5, Interesting


      I took home 3 PS2s before getting one that worked. And even it is so ultra-sensitive to tiny amounts of household dust that I have to clean it 3 or 4 times a year for it to work.

      I remember the old days with my Atari 2600. That thing took a beating and never stopped working.

    2. Re:PS2 Class-action by 3terrabyte · · Score: 5, Funny

      Except the joysticks.

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    3. Re:PS2 Class-action by American+AC+in+Paris · · Score: 5, Funny
      I remember the old days with my Atari 2600. That thing took a beating and never stopped working.

      You were lucky.

      Mine had a habit of turning "Combat", "River Raid", and "Pitfall!" into "Vertical Lines and Shrill Tone". That game sucked.

      ...on the upside, this meant I got to play "Blow The Gunk Out of the Cartridge" for free. I also got to play "Whoa, Dizzy!" a lot.

      Good times.

      --

      Obliteracy: Words with explosions

  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. This lawsuit by macshune · · Score: 5, Funny

    Is like shooting a .22 at Godzilla.

  5. Warranty? by LEgregius · · Score: 5, Interesting

    The article says nothing about the warranty on the xBox and if Microsoft is willing to repair or replace the unit. What is the warranty?

  6. Dear XBOX User by Letter · · Score: 5, Funny
    Dear XBOX User,

    That's what you get for using the mod-chip.

    Letter

  7. 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.
  8. 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

  9. Numbers? by Anonymous Coward · · Score: 5, Interesting

    I work in retail, for a company that sells both x-boxes and PS2s. I know there are a lot more PS2s than X-boxes, but I probably see 20 PS2s to every X-Box being returned due to being defective, and we honor manufactuer's warranty. I know that PS2s have had cooling problems in the past too, but I've never heard anything about a specific reliability issue with X-Boxes. Basically, are there any numbers or points that show otherwise?

  10. Have 4 Xboxes...some drives are just crap by FerretFrottage · · Score: 5, Informative

    Among the first things an xbox modder does is check out the dvd drive. Generally speaking, the phillips drives are the worse. The thompson drives can be okay, but the samsung drives are considered to be the best because they will allow for the widest reading range of media (cd-r, dc-rw, dvd-r, etc.)

    In my experiences, the phillips drives are the hardest to read with, even just slightly scratched or dirty dvds give it problems...the thompson and samsung drives are able to read the same discs with no problems most of the time (some discs are just play unreadble). My thompson drive will read cd-rw disks but only from select media vendors, the samsung drive seems to read everything (hence the reason I've upgrade the 2 phillips drives with samsung drives).

    --
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  11. At least his didn't catch fire!! by gosand · · Score: 5, Interesting

    A friend had his son's Xbox catch fire. I don't know if there was actual flame, but there was snapping and smoke. Of course, calling MS support, he found out that the warranty was voided because he opened it up to see what might have burned up. So he is basically SOL, and has to buy a new one if he and his son want to make use of the games they bought. He can certainly afford it, and he actually bought another one the next day. But he checked on the net and I guess this wasn't the first time this has happened. I think the PS blew out or something. Kind of scary.

    --

    My beliefs do not require that you agree with them.

  12. 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
  13. Re:Why can't he just return it? by CGP314 · · Score: 5, Interesting

    This is not one of those McDonalds Hot coffee lawsuits

    Neither was the McDonalds hot coffee lawsuite


    -Colin

  14. I had one of these drives.. by Recoil_42 · · Score: 5, Informative

    Microsoft fixed mine for free after i complained, but many people have problems with these drives, and i'm very happy that this guy is suing MS.

    The problem stems from the Thomson drives used in the Mexican factories -- the chinese factories use Philips and Samsung drives which have no problems, but Thomson drives are notorious for failing in the Xbox community.

    Just one look at the official xbox forums reveals hundreds of complaints about dirty disk errors, and on eBay and Xbox parts dealer websites like llamma.com, DVD lasers are the most often sold parts.

    From what i understand, the drives themselves aren't really defective -- they're built fine, the problem is that the resistor on the laser is set too high, and as a result, the laser is too weak to read the disks -- thomson drives refuse to read CD-Rs, for that very reason.

    Microsoft still won't acknowledge that this problem exists, but over the past few years, they've slowly but surely shifted to using more samsung drives, and less thomson drives, so i'm sure they're at least aware of the problem internally.

    My old Mexico-Thomson Xbox works fine now after the repairs -- they replaced the drive with another thomson, which has given me no problems since. But it still doesn't read CD-Rs, whereas my Chinese-built Philips xbox has no qualms whatsoever reading the crappiest of CD-Rs..

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  15. Why not the same thing for Windows ME? by toetagger1 · · Score: 5, Funny

    Sign me up!

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  16. 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.

  17. Re:Why can't he just return it? by Neon+Spiral+Injector · · Score: 5, Informative

    Nope. 90 days is all Microsoft gives you against defects.

  18. 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!

  19. Re:give the people what they want by rxmd · · Score: 5, Funny
    You can have it >Cheap, >Good, >Fast. Pick any two.
    Or >Sane, >Hot, >Smart, in other circumstances.

    --
    As a state gets corrupt, its laws multiply; the most corrupt states have the most numerous laws. (Tacitus, Annales 3:27)
  20. Re:Why can't he just return it? by shepd · · Score: 5, Interesting

    A law like this in North America would cause warranties to default to zero. All products would be labelled "As Is" to reduce liability. Trust me on that. I'm a retailer myself and we get plenty of garbage products in from manufacturers that we know will welch on their warranty that get labelled like that by us as is (BIG fluorescent sticker, too). You'd think that would deter customers from buying them, but nooo... the customers demand them ($15 CDN power supplies, sub $180 CDN satellite receivers, etc, etc). I don't want to sell them, but I'm a store. I'm there to serve the public, and make a good wage doing that. So you sell what you're told (by customers) to sell.

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  21. Re:Why can't he just return it? by secolactico · · Score: 5, Funny

    In fact, it does works. A teacher I had was always returning the shoes of all his sons to Nikes just before the warranty expired to get new ones

    What did he teach? Ethics?

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