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Microsoft Sued Over Alleged Xbox 360 Defects

richdun writes "Reuters is reporting that a Chicago man who was lucky enough to purchase an Xbox 360 has filed suit against Microsoft over the overheating and crashing some users have experienced. The man is seeking unspecified damages, litigation expenses, and replacement or recall of all Xbox 360s. While more suits or a class-action is probably on the way, others have sought less litigious solutions."

27 of 724 comments (clear)

  1. Responsibility by Eohl · · Score: 5, Insightful

    I love that the submitter's comments seems to imply that it is somehow more noble for consumers to take the responsibility for defective products on themselves, as opposed to holding the manufacturer accountable.

    1. Re:Responsibility by Eohl · · Score: 5, Insightful

      Normally I'd agree with you 100%, I'm non fan of excessive litigation. The problem as I see it is that this seems to be an actual hardware defect...or at least a design defect. In any case it isn't something that would be fixable via a patch. A responsible company would recall defective hardware, which seems to be the main thrust of the lawsuit.

    2. Re:Responsibility by TheFlyingGoat · · Score: 5, Insightful

      The manufacturer should be responsible for fixing the problem, not paying damages and legal fees. If the man is awarded damages for some strange reason, every company that unknowingly releases a faulty product is going to get screwed. As a result, testing costs and corporate insurance costs will skyrocket and those costs will be passed on to you and me. Hope you look forward to paying 10-20% more for your next car.

      --
      You have enemies? Good. That means you've stood up for something, sometime in your life. --Winston Churchill
    3. Re:Responsibility by ucblockhead · · Score: 4, Insightful
      If the company is only responsible for fixing the problem, then there is little incentive to get it right the first time. If it's not much more expensive to release a broken product and fix it later, then it may well be in a company's best interest to release early (like before Christmas) and then fix things after the fact. (Especially since many customers won't get around to getting some of the problems fix.)


      This is exactly what we see in software. Company's have little incentive to get it right the first time because they can just "release a patch". The result is that it becomes the norm for things to not work right when released.


      If you want companies to make sure things work when released, you need to make it significantly more expensive to release something broken so that the free market rewards companies that take the time to make it work before releasing.

      --
      The cake is a pie
    4. Re:Responsibility by timeOday · · Score: 4, Insightful
      The manufacturer should be responsible for fixing the problem, not paying damages and legal fees.
      That's what I want to happen when I bounce a check:
      "Oops, sorry, it was an accident. Here, I'll cut you another one."

      Or when I return a rented movie late:
      "Ooops. sorry, it was an accident. Here's you movie, no harm, foul?"

      Or when I miss a credit card payment:
      "Oops, sorry, it was an accident. Here's the money. You won't fine me or anything, will you?"

      Man, I only wish I could slap companies with fines every time they screw me out of some time and inconvenience. Of course in the real world it only works the other way 'round.

    5. Re:Responsibility by everphilski · · Score: 5, Insightful

      Remember, in each of those situations the company in question is going out on a limb for you. When you bounced that check they fronted you the money. When you returned the movie late, you denied them a potential sale. When you paid your credit card late, you withheld money that was rightfully theirs. Your basically taking out a loan in each case; you signed an agreement and that's what you get...

      -everphilski-

    6. Re:Responsibility by ScentCone · · Score: 4, Insightful

      What kind of wanker do you have to be to make the leap of logic from, "This Xbox sucks, I wish I hadn't bought it" to "This Xbox sucks, and microsoft owes me a million bucks"?

      The kind that hates Microsoft for the usual semi-hypocritcal idealogical reasons (but really want to play the games) and are not-very-secretly delighted that an MS product has a problem. It's a chance to publicly whine about MS, paint them as somehow evil for not making a carpet-proof power supply, and to enter the lawsuit lottery. He's not expecting to actually win a lawsuit, he's just hoping for a settlement that will net him a few thousand bucks for being the squeeky wheel. Why he didn't just ask for his money back used to be beyond me, but juries of no-job-having-hate-The-Man idiots have been demonstrating again and again that (no matter how ill-conceived), any suit against a large company is a likely cash cow.

      All of the poisonous anti-corporate/business rhetoric actually gets to some people and they begin to think that companies actually owe them something just for existing, and owe them a lot more if they are in any way inconvenienced. This is a cultural problem, made worse by a media-based celebration of victimhood and misfortune-as-fortune. The prevailing sense of entitlement is truly astonishing, and this is just another sorry example.

      Of course, it also says a lot about the loser gamer involved that he had so much of his personal happiness tied up in whether or not he could run is XBox's power supply on the carpeting. Of course, that's BS - he's just reaching for cash.

      Stop global whining before it's too late.

      --
      Don't disappoint your bird dog. Go to the range.
    7. Re:Responsibility by timeOday · · Score: 4, Insightful
      Remember, in each of those situations the company in question is going out on a limb for you.
      Forking out $400 for an XBox 360 is going out on a limb. When I fork out $400 and get nothing (but a broken XBox) for 2 months, Microsoft is witholding money that is rightfully mine. All of this is going on the assumption that I eventually pay my bills and Microsoft eventually delivers a working product. If you can't see the symmetry of the situation, it just shows how indoctrinated you are.
  2. Why not just return the thing? by aflat362 · · Score: 5, Insightful

    If you aren't happy with the 360 why not just take it back? Why does everything have to resort to a law suit?

    --

    Conserve Oil, Recycle, Boycott Walmart

    1. Re:Why not just return the thing? by Anonymous Coward · · Score: 4, Insightful

      Money.

    2. Re:Why not just return the thing? by SA3Steve · · Score: 5, Insightful

      So you would sue because you had to wait in line and decided to fight with other customers? Should you sue Best Buy then or wherever you bought it from? How about the customers who decided to start fighting? Did you spill some coffee during this fight? You could probably sue for that.

      If I purchases an XBox 360 and it wasn't working, I'd be pissed...and I'd call Microsoft and demand a replacement. If they rejected that, I'd put a stop order on the credit card payment or I'd just return it to the store. Is this guy sueing for emotional damanges or something pathetic like that?

    3. Re:Why not just return the thing? by Ced_Ex · · Score: 5, Insightful

      I guess it depends on circumstance. If I just walked into a store, got a 360 and took it home and it didnt work, sure I would return it. But if I waited in line 6 hours, fought customers just to purchase a broken item for my kid who is crying, then if I called Microsoft and got the run around, hell yeah I would sue. Of course I dont have the whole story, so he could just be wanted to cash in.

      Maybe those kids are spoiled and should be brought up not to whine and cry because they don't always get what they want.

      --
      Live forever, or die trying.
    4. Re:Why not just return the thing? by Gulthek · · Score: 5, Insightful

      You would sue out of annoyance? You would be understanding if someone sued out of annoyance?

      It would take severe bodily harm resulting from normal, advertised use of the product to get me to sue.

      Like, if, the XBox 360 randomly rockets forward out of the entertainment center at my head. Or if the controllers spiked your hands, or emitted powerful electric shocks. Something, you know, that's actually serious.

  3. while I am not a fan of our "sue-happy" society... by GReaToaK_2000 · · Score: 5, Insightful

    I think it is about time someone took a stand against companies pumping shit out to the customer before it is ready. Especially since it is obvious this was done to beat the Xmas season...

    In addition, I don't like the way it was posted... "a Chicago man who was lucky enough to purchase an Xbox 360"... OH PLEASE!!!! "lucky enough" You make out to be some amazing thing... It's JUST a GAME BOX!!! Hello!!!

    WoW!! When playing games is THAT important life must be truly sad.

  4. Software Beta, Hardware Beta by fembots · · Score: 5, Insightful

    First iPod Nano then Xbox 360.

    Am I seeing a commercial trend where hardware companies are increasing confident to roll out their products even if they are not thoroughly tested, simply because these companies know they have enough fanboys to buy anything they sell?

    It's also interesting to see that these hardware companies are also software companies, who are regularly rolling out "beta" software to the public.

  5. Class Action by ehaggis · · Score: 4, Insightful

    Unfortunately it is a class action lawsuit. The individual(s) will recieve a $1.25 check 10 years from now while the lawyers rack up $400/hr fees. Microsoft will issue a non-mea-culpa and continue life as usual, short $100 million, a drop in the bucket.

    --
    One ring to bind them - should probably have more fiber and less rings in their diet.
  6. The Manual by TubeSteak · · Score: 5, Insightful
    Robert Byers, who brought the suit, said the power supply and central processing unit in the Xbox 360 overheat, affecting heat-sensitive chips and causing the console to lock up.
    I'm guessing he didn't RTFM. It tells you where not to put your Xbox (carpets, enclosed spaces, etc.)

    Is it a design defect if you're specifically told what the 'problem' is and how to avoid it?

    FYI I'm not talking about chainsaws that can accidentally cut your face off, more like a car owners manual that says "keep your radiator topped off or else your engine will overheat." Or in this case, don't put your Xbox in certain places, or it will overheat.
    --
    [Fuck Beta]
    o0t!
  7. MS Should Just Recall by TheFlyingGoat · · Score: 4, Insightful

    If Microsoft just recalls all of the power adapters (which seem to be most of the issue), and replaces them with a different design that allows airflow underneath, they can basically stop this lawsuit and any others that are bound to come up. The other option would be to provide a free plastic base to all XBox360 owners that would snap on the bottom of the system and raise it up an inch from the surface.

    People who sue over this stuff are worse than companies that unknowingly release a faulty product. There are better resolutions than calling a lawyer, like returning the system, waiting on a recall, or hacking it up with a string.

    --
    You have enemies? Good. That means you've stood up for something, sometime in your life. --Winston Churchill
  8. This is getting ridiculous by crass751 · · Score: 5, Insightful

    Have things really gotten to the point when everytime we don't like a product we sue the manufacturer? What happened to the days when if a product wasn't what we expected it to be we simply told our friends not to buy one and didn't buy from that manufacturer again? Are companies required to produce products that every single person in the world likes otherwise be victims of a lawsuit? Are standard defects valid causes for suits? We (well Slashdot population) all know that no process is 100% defect free, even a 6 sigma process still has 3.4 defects per million opportunities. Are we that litigious? How long before someone sues a restaurant because their steak was medium instead of medium rare?

    This is absolutely insane.

  9. If you think making the loser pay is a good idea.. by CyberLord+Seven · · Score: 5, Insightful

    then try this on for size.
    The RIAA takes you to court, pays outrageous legal fees (which they can afford), files for extensions, appeals and whatever until you run out of money and can no longer defend yourself.
    Then you lose.
    Now you have your legal fees, plus theirs!
    Do you still think making the loser pay all legal fees is a good idea?

    --
    We have always been at war with Eurasia!
  10. And by Sycraft-fu · · Score: 4, Insightful

    That's for a non-critical item. That's better service than we get on some computers here at work, and those are at least somewhat important. A console is entertainment only. If this was a life support device, yes lawsuit. If this was a critical server, maybe. A game console? Hell no. If the company is offering less than a week turn around on reparis, I'd say you have nothing to whine about. You can either accept that, or simply take the unit back (all units are less than 30 days old).

    Talk about a lot of fuss over an entertainment device.

  11. Re:Fire by Fiznarp · · Score: 5, Insightful

    Whatever, calm down. I've been playing mine for sometimes 6+ hours a day since Nov 22nd with the power supply sitting on the carpet. No lockups ever, online or offline. The brick on the floor barely gets warm, hardly enough to notice much less start a fire. Those folks who are having problems probably have defective consoles that should be replaced, but by no means does this mean that they all are broken. Most of the 360s sole are working just fine.

    Fiznarp

  12. As much as I hate Microsoft by xutopia · · Score: 5, Insightful
    Suing every chance you get is silly. Especially since MS is replacing all defective 360s at no charge with express shipping.

    I think there are too many lawyers in the world.

  13. Re:Fire by dswan69 · · Score: 4, Insightful

    This is just pathetic. Things go wrong. Life isn't perfect. Products have kinks. People who bring childish lawsuits should be sent to live on the sun. If they don't like the conditions there they can sue me.

  14. Re:Fire by jonfelder · · Score: 4, Insightful

    Yet all of these things have happened. Not too mention a person's xbox locking up has much less dire consequences then the things you have listed.

    Come on...sure it sucks to get your xbox home and find out it's broken, but really all you have to do is take it back to the store (that is if you don't trust Microsoft to fix it, which they are doing).

    Try taking a bridge back to the store.

  15. Self inflicted? by MoonBuggy · · Score: 5, Insightful

    Yes, these lawsuits are stupid, but there are two things to consider here (speaking in general, I don't know the specifics of this case, but I can say that this person _deserves_ no more than a replacement Xbox and maybe $100 or a few free games to make up for missing out on the launch day fun. What they'll ask for/get is, I'm sure, another matter): firstly, if any of us can make a significant amount of money from doing very little work - why not? The system's broken anyway, others are exploiting it, so maybe we shouldn't be so hard on these people for joining in. If someone told you that you could have $1000000 for nothing except exploiting a system that's getting fucked over anyway, would you really be that bad for taking it?

    That leads to my second point: whose fault is it that the legal and social structures are fucked (i.e. a judge doesn't throw out ridiculous cases _and_ a jury sides with these people)? Could it be the big evil corporations that tell people what to think? I honestly don't know, but the likes of Sony, MS, McDs etc. who generally get hit by these lawsuits are all partially responsible for the state of the 'developed' world anyway.

    Maybe I'm feeling extra cynical today, but it just looks to me like the system's screwed anyway, so just make the most of it. Corporations are the epitome of selfishness, and many people are going the same way. Perhaps it's time to give up and go with the flow, because I'm losing sight of any other way to 'win' here.

  16. Re:Fire by tshak · · Score: 5, Insightful

    Bottom line, were are be bombarded with crap. Dell and there "bad" capacitors, Apples scratching nano screens, Sony's PSP and now Microsoft's overheating XBox 3-POS-0 powersupplies ... and this has been in the past 18 months.


    Many of these cases have to do with user issues. Nano's are small enough to put in the same pocket as your keys, do you're scratching them more often - you didn't do this as much with your bigger iPods. XBox 360's are working fine in the vast, vast majority of cases. There maybe be a few faulty units, but for the most part it is well known that these power supplies are hot and can not be placed on thick carpet. I'm all for the improvement of quality overall, and to an extent I share your sentiment that we need demand higher quality as consumers. On the other hand there are tolerances for faulty units and these tolerances are fairly low. They seem to affect so many people because you don't have 900,000 artciles on how the XBox worked, you only have one or two about a few people who are having problems. Without some tolerance for lower quality we would be paying through the nose for these products. Maybe the bar needs to be raised a little, but I personally do not want to be paying $1200 for a military grade Nano.

    --

    There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips