Microsoft Sued Over Fall Update Issues

Gamespot is reporting that a rumour that's been floating around has, for once, turned out to be true. Microsoft has been sued for breach of contract and negligence in connection to the Xbox Live Fall Update. From the article: " Stating that the affected consumers number in 'at least the thousands,' the suit contends that Microsoft is refusing to repair or replace the broken systems unless the users pay 'up to $140' to ship it back to the company. The plaintiff is demanding that Microsoft pay at least $5 million in damages for breach of contract to those affected by the Fall Update problems, and an additional amount of at least $5 million in damages for an unfair or deceptive act under the CPA. Should Microsoft argue that it had no agreement to breach with the affected users, then the plaintiff contends Microsoft was negligent, and should be made to pay at least $5 million in damages." It should be noted that Microsoft has responded by saying it has offered to completely cover the cost of systems affected by the update, including shipping.

Comments

Probably not a case

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if "Microsoft has responded by saying it has offered to completely cover the cost of systems affected by the update, including shipping", then I don't see how there'd be much of a case... they're offering to make good on the initial upset, so how can they also be expected to compensate those same people twice for the same fix (once for the actual shipping, and then again for an amount equal to that in cash)?

Re:Only modders?

[Blakey Rat]

I agree entirely. I know it's against the Slashdot zeitgeist, where pirating music is ok, pirating commercial software is ok, etc... but if you've voided your warranty (and there's nothing mysterious about that, it's spelled out clearly in the paper that comes with the console), then you don't get support. Especially since the vast majority of people who mod Xboxes do so so they can pirate games.

Re:Cost cutting a little out of control?

[jackbird]

Apparently (I didn't do much research on this myself since I don't own an xbox 360) the simple act of changing it from vertical to horizontal positions and vice versa can destroy disks. I'm sorry but I can't describe that behavior as anything less than ridiculous. Particularly since optical drive technology is hardly new.

And the physics of angular momentum is even less new.

Re:Only modders?

[Anonymous Coward]

I am wondering if the 360 warranty follows the same guidelines that an automobile warranty does. IE if I modify my car, and something goes wrong, the manufacture has to show that the modifications that I did caused the problem, or they need to fix it. So, if I modify the firmware for the DVD on my Xbox, and something goes wrong, is it up to MS to show that my modifications caused the problem, or else they need to fix it?