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Microsoft Sued Over Scratched Xbox 360 Discs
Xbm360 writes "Microsoft has been sued by Jorge Brouwer from the US who claims that Xbox 360s scratched his game discs, making them unusable. 'Some gamers speculate that moving the console between vertical and horizontal positions while a disc is spinning inside could cause the scratching. Microsoft warns against such actions with a sticker placed on new consoles, and Brouwer said in the lawsuit that Microsoft's customer service representatives asked him if he had tilted the console. He said he had not. The lawsuit also cites investigations of similar consumer complaints conducted by a Dutch television program, which found that one of nine consoles tested scratched a disc after five hours of play.'"
Why do I get the image of Steve Ballmer sitting next to a stack of SpongeBob SquarePants XBox360 game discs with a pocket knife and a bottle of Jack Daniels laughing maniacally as he scratches each disc one by one, packages them back up & puts them in the "toys for underprivileged children" charity box?
One thing I have never understood is why anybody who sells their shit on optical media doesn't institute a return program for scratched discs. You give me a scratched disc (with a holographic seal of authenticity) and I'll replace it free. Given that the disc itself is cheap to produce (unlike floppy disks), this should ensure TOTAL consumer happiness. In fact, they could even (if possible) clean and sell mildly scratched discs as refurbished/pre-owned and make a profit out of this whole cycle.
Cheers!
Atheist: Buddhist in a Prius
You know, a scratched disc wouldn't be such a problem if he had simply made a backup of the disc. Oh wait...
The 360 reads its discs with phonograph needles. It's a real bitch winding that sucker up, too.
According to http://news.com.com/Man+sues+Microsoft+over+allege d+Xbox+360+glitch/2100-1043_3-5982759.html?tag=nl this Reuters Story on CNET, which no longer exists, someone is suing over the overheating.This article has a little more info.http://en.wikinews.org/wiki/Microsoft_sued_du e_to_case_of_Xbox_360s_overheating
You are awash in a sea of fiercely stated opinions. Obvious exits are: 'File->Quit', 'Reply', and 'Page Down'.
Why not first try demanding that MS replace the disc? The idea of suing over such a thing sounds kind of silly. Yeah, if they refuse to replace it, I guess you could try suing them. That certainly doesn't sound cheaper than buying a new disc. Why would you want to inflict a lawsuit on yourself? If it really pisses you off that bad, stop using the Xbox 360.
Did MS even offer to replace this man's games? We live in a sad world when people start suing over their video games. Legal action should only be used as a last resort. There are bigger fish to fry out there (i.e. HMOs) over more serious matters. Crap like this doesn't deserve a day in court.
-50 DKP for lame post!
There is also the issue of hot running hardware still being more likely to fail prematurely (but beyond even an extended warranty) due to the heat causing, among other things, increased thermal-cycling cracks in solder connections and deterioration of electrolytic capacitors over time.
Even an extended (3 year) warranty doesn't adequately address the problem since the hardware out there after 3 years will still have reduced value due to a shorter than normal lifetime. And those getting some relief by an extended warranty still aren't compensated for their wasted time and suffering.
Users should ALL be given replacements with the defective (excessively hot) DESIGN fixed.
It would seem the fixed units are those with 65 nm CPUs and improved optical drives.
I've read reports of newer units not having the excessive optical-drive noise present in the earlier units.
Perhaps the noisy drives were the ones damaging the discs. Anyone with a noisy drive would probably be well advised to demand a replacement.
Beyond replacing the original defective hardware, users ought to get something for their suffering.
It doesn't seem likely they'd get cash back, but perhaps a free game could work?
don't mind the grinding noise little boy, it's just the sound of power
'Some gamers speculate that moving the console between vertical and horizontal positions while a disc is spinning inside could cause the scratching.
/their/ games does not matter as it is independent of the /other/ games or DVDs (does the X360 plays film DVDs?)...
USA, the land of the obvious... is it *really* necessary to add a warning label of "DO NOT SHAKE THE CONSOLE WHILE PLAYING"??? I wonder what happens if you move your DVD player while it is playing a movie? or what about that Blender! whoooo! lets grab and shake the fucking thing while making a tasty tomato salsa!!
Now, aside of that, I am completely on the side of the guy, if the disks gets scratched after 5 hours of normal useage, then I hope they sue the hell out of Microsoft (or Sony or any other company). Sure, they are all exigent against personal backups, but then they should be held accountable for these kinds of actions. And, the fact that Microsoft has a replacement program for
Ubuntu is an African word meaning 'I can't configure Debian'
If you watched the TV clip from Dutch television you would know that the 360's optical drive is missing the bumper pads that surround the laser lens and protect discs from scratching by the lens assembly itself, a common safety feature that is present on every other optical drive ever made. Why Microsoft or the drive manufacturer's chose to omit this common optical drive design feature is a bit of a mystery to me, but it is not simply a problem with gamers moving the console while the drive is in operation (although that obviously has to be the cause in at least a few cases). 360 forums are filled with complaints from customers that have had to replace some games two or three times where they have done nothing adverse to the either the console or the discs.
Perhaps Microsoft has absolutely no control over the issue insofar as it is entirely the fault of the drive manufacturer, so we may want to give MS a bit of slack on the issue. Still, MS has to be aware of the problem and you would think that they would insist that all drives be manufactured with bumper pads.
Are you kidding? Slashdot is very firmly Nintendo fanboys. This is a site that hates MS but has to give credit to MS for making a good console with great online service. Yeah, the failure rate is unacceptable...and if MS didn't admit it, Slashdot would call them out. But they did admit it and said they would replace them for free for 3 years. That is really standing behind your product.
Slashdot also hates Sony for the various evil things they have done. The difference is while MS appears to be trying to please their consumers, Sony comes off as arrogant and uncaring. They are trying hard to turn that around, but they did a lot of damage already.
Of course, this is Slashdot and most people in the world don't really care about any of this. They just don't see any games that make them want to get a PS3. The Wii and 360 do have some good exclusive games and a cheaper price, thus they are selling better.
Support a great indie game: http://www.abaddon360.com
When can we get this through to people?
You are allowed to break encryption to make a backup. You can even get help from somebody else. Of course, that somebody else will ahve to go to jail, because helping someone else break the encryption is illegal - but being helped is not. Think of it as making abortion legal, but wording the law so that anybody who performs them for someone else, or sells the supplies and instruments necessary to do so, or provides instruction in such a procedure goes to jail. You can always use a coathanger, a flashlight, and guess - so that preserves your rights, doesn't it?
Is it just my observation, or are there way too many stupid people in the world?
Here is a pretty simple fix in case anyone is brave enough to try. Also there is a movie link that shows the degree of the scratches. Be aware, the page is a visual disaster on the eyes. You have been warned.
Yeah, I agree. I have bumped the hell out of my laptop on occasion while burning a DVD and not only did the disc not scratch but the burn completed successfully. Thanks to missing bumper pads, it seems even the slightest of bumps or a game disc that is the tiniest bit out of tolerance could cause a devastating scratch. Hell, the bumper pads can't cost more than a fraction of a penny so I don't see a significant savings here for the drive manufacturer. It just doesn't make sense why the drives are manufactured this way.
My 360 has been horizontal and stationary since the day i bought it, and my disks have never been anywhere but their boxes and the dvd drive in the 360 - yet both Tiger Woods and Halo 2 have been damaged by the 360 drive.. i bought and used a disk repair machine, and had success "refinishing" the surface - but the manufacturer says to use it no more than 5 times on a dvd - and Tiger's about to undergo its fourth repair, This lawsuit was the first i'd heard of anyone else experiencing this issue (as i had little hope of convincing MS that the drive was faulty), but now, i'm interested in seeing how many others have been bitten by this "feature".. maybe enough to make it a "class action" ?
Sendou Wave Kick!!
I had a similar problem happen to me with my Playstation2, and Sony was amazingly helpful. Yes, it's true! Probably the best customer service experience I've ever had, and on an out-of-warranty PS2, no less! TWICE!
I had my PS2 start leaving nasty scratch rings on game discs, making them unplayable. I called Sony customer service, and they said (in a nutshell) that if the PS2 is eating discs, they'll repair it for free (even if the machine is out of warranty) AND cut you a check for the damaged games (full retail, even years later, and even if they weren't Sony-published games!) if you send in the games with the console. This took place in Spring 2003, more than 2 years after I bought the PS2. Everything worked like they said: I had the console back in less than a week, and a check a few weeks later.
Then, this happened a SECOND time, about a year later (2004 sometime). Same response: send in the PS2 with the damaged games, free repair+check for damaged games, and it worked like a charm. Before I sent it in, I even told Sony that I just noticed whoever repaired the machine the first time had forgotten to put a new "warranty void if removed" sticker on the PS2 case, and they said it was no problem.
I just can't believe how helpful they were in repairing my out-of-warranty stuff, the second time of which didn't even have the "warranty void if removed" sticker. Just good service, minimal muss and fuss, and I didn't even have to lie to the rep to get service. Huzzah!
With the first link, the chain is forged.
Obviously they aren't doing anything about it. Not offering to repair consoles that are scratching games. Dragging their feet with replacements. You know. The usual service offered by Microsoft.
They have plenty to learn to be actually successful in the console market. Its not like the PC market. People in the console market expect to be taken care of. Try getting a refund for Windows just because it caused your hardware to burst into flames.
Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
In the past year or so, the amount of unplayable, scratched DVD discs i receive from blockbuster online has risen dramatically. I wonder if the Xbox360 has anything to do with this.
Important to keep in mind that the 360 is not just a game console. If the 360 is damaging DVDs how does that return policy on M$ game DVDs cover people that use their 360 as their exclusive DVD player. It also raises a question on the new HD DVD player for the 360. Has any1 checked that drive? If it is marketed as a DVD player which it is then if it is responsible for damaging those disks if is not functioning as intended or as advertised.
Obligatory "praise Nintendo" post follows:
... Ok, your new copy will be shipped tomorrow."
I had a similar situation with my copy of Wii Sports. The machine itself didn't damage the disc, but that silly flimsy cardboard holder they package it in (hello, jewel cases are how much in bulk?) took it's toll. My conversation with Nintendo customer service went something like this:
"My copy of Wii Sports is scratched, will no longer play."
"Are any of your other games scratched or not playing correctly?"
"No, only Wii Sports, scratched by the cardboard holder."
"Ok, let me pull up your My Nintendo profile
They probably spent a buck or two with UPS to ship it, and pennies to make the disc. The new copy is in an old jewel case that was lying around, and they gained one customer impressed by their service. Why Microsoft can't do the same is beyond me.