XBox 360 - Class Action Lawsuit

[Albuquerque]

I guess I should step back a second and clarify a few things, just to make sure everyone knows where I'm coming from.

I currently own a PS2. I bought it like two years after it came out, and essentially my ONLY reason for buying it was the Grand Theft Auto and GranTourismo titles. In fact, the only PS2 titles I have are all the GTA's and all the GT's. Period. I do not own an XBOX, I do not plan on owning an XBOX360; I might buy into getting a PS3 only because I can continue getting the GTA's and GT's

I'm pretty much a PC guy; I don't really get into console gaming at all (with the two noted exceptions above). So I'm not here to be any sort of XBOX apologist, or PS3 defamer, or whatever.

That all being said, I still do not think it's fair to berate a device when you fail to operate it within it's specified parameters. If you feel the parameters are off-base (ie the example of keeping your room at 75F or below), then return it. If you cannot deal with the requirements set forth, either out of sheer inability or simple unwillingness, then give it back and get your money refunded. Someone else will SURELY buy the device from you, or at least the store from which you purchased it will take it back.

If enough people did this, the device wouldn't sell. And if the device doesn't sell, someone in engineering will have to answer why to the upper management. It's not the DEVICE's fault nor the manufacturer's fault if their device fails to operate outside of the requirements they put forth. They told you what it needs, you either do it, or you simply don't use it. The end.

That doesn't mean the requirements are within any sort of publically-accepted norm, but that's why you give it back.

 

[Shifty Geezer]

Americans will attempt to sue anyone for anything. If he doesn't like the product, take it back to the shop and get a refund. What on earth does it require a legal challenge for? No-one's been hurt by this.

As long as people can profit from legal actions there'll be these kinds of nonsense legal challenges, and depressingly it's a culture that's growing.

 

[Albuquerque]

Americans will attempt to sue anyone for anything. If he doesn't like the product, take it back to the shop and get a refund. What on earth does it require a legal challenge for? No-one's been hurt by this.

As long as people can profit from legal actions there'll be these kinds of nonsense legal challenges, and depressingly it's a culture that's growing.

Something I can definitely agree with. There's no loss of life, limb, money, basically there's no damage whatsoever except to your online e-pen0s or e-thuggery ego. Can you sue for having your virtual penis shortened by six inches when your XBOX 360 overheats?

I hate the current state of our legal system that allows this kind of crap to go through

 

[Tap In]

Americans will attempt to sue anyone for anything. If he doesn't like the product, take it back to the shop and get a refund. What on earth does it require a legal challenge for? No-one's been hurt by this.

As long as people can profit from legal actions there'll be these kinds of nonsense legal challenges, and depressingly it's a culture that's growing.

agreed....

just send it back for a new one for cryin' out loud.

 

[eDoshin]

This information IS getting into the mainstream .. however inaccurate or hype driven. There's no denying it. When my girlfriend says something about 360 defects and she has little interest in videogames, then u know its out there. This is a genie that MS shouldn't have allowed out of the bottle because they are now fighting something that is taking attention away from the console itself. Any other consumer product and there would have been a meltdown .. but I've never seen people "hate" a piece of electronics as we've seen with the console wars, so the info must be taken with a grain of salt.

On the off chance that this information is accurate, and MS has introduced a product that is known to overheat unless instructions are followed to keep the unit well ventilated, then they have made a phenomenonally dumb mistake. First of all, most people do not read all the little disclaimers and warnings that comes pre-packaged with their products. Call it stupid, say "then its their own fault" .. fine, but that's just reality. Secondly, you can't expect everybody to leave their console sitting in a cool little corner of the room. I myself have a tv mounted on the wall, and cabling running thru the walls and all my components tucked neatly into custom built wall units. Anybody who is not single and has "stuff" laying all over the place understand that your room cannot look like a dorm room. You can't dictate to people the ambient temparature and circulation of their living space, or where they should place their console. If I had a dvd player that froze up because I put it in my entertainment center, I will toss it out the window and never buy from that manufacturer again. And NO .. the razor metaphor does not work because there are razor built specifically for wet use, whereas most of us knows better than to toast muffins in the shower.

 

[Nite_Hawk]

Americans will attempt to sue anyone for anything. If he doesn't like the product, take it back to the shop and get a refund. What on earth does it require a legal challenge for? No-one's been hurt by this.

As long as people can profit from legal actions there'll be these kinds of nonsense legal challenges, and depressingly it's a culture that's growing.

I think this case actually has a lot of merit. He basically wants them to recall and redesign the unit. I think this is justified if he can show that the life of the unit is significantly reduced due to the heat issues it has. It "locking up" doesn't appear to be the root of the case.

I tend to wonder if this is exactly the reason why MS included the additional warranty coverage. It may be cheaper for them to just replace the failed units under warranty than redesign the unit and launch closer to sony. Still, I don't think this excuses them for releasing a product with such poor tolerances.

I bet regardless of whether or not this guy is successful with the case, Microsoft probably will release a redesigned version at some point that is more heat tolerant simply to cut down on warranty replacements.

Nite_Hawk

 

[Ty]

What a waste of time. If it doesn't work, return the damn thing. Don't sue, it's not as if it burned down your house.

Sheesh,(some)Americans are too f'in litigious always looking for blame or some way to make a undeserved buck.

 

[therealskywolf]

I think this case actually has a lot of merit. He basically wants them to recall and redesign the unit. I think this is justified if he can show that the life of the unit is significantly reduced due to the heat issues it has.

? Just give it back and ask for your money. This doesn't make sense at all....Humanity....how you have failed me....

 

[AlphaWolf]

I think this case actually has a lot of merit. He basically wants them to recall and redesign the unit. I think this is justified if he can show that the life of the unit is significantly reduced due to the heat issues it has. It "locking up" doesn't appear to be the root of the case.

I tend to wonder if this is exactly the reason why MS included the additional warranty coverage. It may be cheaper for them to just replace the failed units under warranty than redesign the unit and launch closer to sony. Still, I don't think this excuses them for releasing a product with such poor tolerances.

Thats a whole lot of assumptions.

I bet regardless of whether or not this guy is successful with the case, Microsoft probably will release a redesigned version at some point that is more heat tolerant simply to cut down on warranty replacements.

That was always going to happen. They will shrink the architecture, it will reduce heat and cost. This jackass might try to take credit for it would be the only difference. The reality is this won't even come close to making it to trial before that happens.

 

[Edge]

And that fact the MS has a great repair policy. I guess calling tech support and getting his replaced/repaired for free within about a week is too much work for this guy.

You can't beat that level of service. That's excellent and unheard of in this industry.

I hope Sony offers the same level of service if anyone has a problem.

 

[Albuquerque]

First of all, most people do not read all the little disclaimers and warnings that comes pre-packaged with their products. Call it stupid, say "then its their own fault" .. fine, but that's just reality.

Since when was ignorance a permitted reason for anything? I guess it is america though

Secondly, you can't expect everybody to leave their console sitting in a cool little corner of the room. I myself have a tv mounted on the wall, and cabling running thru the walls and all my components tucked neatly into custom built wall units. Anybody who is not single and has "stuff" laying all over the place understand that your room cannot look like a dorm room.

Oddly enough, my house has none of this cabling mess you speak of, and yet I have multiple places I could put my Xbox360 that would A: not be prone to falling or knocking off and B: has MORE than enough ventilation all the way around it.

You can't dictate to people the ambient temparature and circulation of their living space, or where they should place their console. If I had a dvd player that froze up because I put it in my entertainment center, I will toss it out the window and never buy from that manufacturer again.

Actually, that is exactly the point. You CAN dictate that your DVD player requires (x) amount of space surrounding it and must be operated only within this strict room temperate tolerance. And exactly to your point, if a manufacturer is dumb enough to make such requirements go so far overboard as to be unuseable, then they DO deserve to have all their units returned and their sales plummet into the abyss never to return.

The manufacturer should not be held liable for their device failing to operate when you are using it outside of their specifications. If they say it needs six inches of clear venitlation room at the back of the unit and you encase it in glass, how is it their fault? If they say it needs four feet of ventilation in a 65F room and you put it in an entertainment center in your attic in the middle of July in your Florida summer home, how is it their fault? If they say it needs 120 amps at 10,000vdc, needs a room temperature of absolute zero and sustained airflow in excess of three billion cubic feet per minute and you simply throw it in your freezer with a 80mm 4000RPM fan and hope for the best, how is it their fault?

In all three of those ridiculous hypothetical cases I just mentioned, it ISN'T the manufacturer's fault. They told you what you need to operate their equipment. If you can't provide those requirements, you either shouldn't buy it, or should return it. And if those requirements are utterly ridiculous (as some of my hypothetical ones obviously are) then they certainly deserve to get no more business from you, or me, or anyone else in a free market.

Nobody made you buy it. You aren't required to have it. You lose nothing by NOT having it. There are other options available to you. Nothing about this device has any real bearing on your life; hell you might be better off NOT sitting in front of the TV for all those hours mindlessly blowing things away online.

There is zero reason for this lawsuit to claim damages of any sort, period. In fact, there is pretty much zero reason for this lawsuit entirely.

 

[Shifty Geezer]

I think this case actually has a lot of merit. He basically wants them to recall and redesign the unit. I think this is justified if he can show that the life of the unit is significantly reduced due to the heat issues it has. It "locking up" doesn't appear to be the root of the case.

Why is one individual deciding upon himself the actions of a corporation when the economic forces themselves are quite capable? The law already exists that if you buy a product that's no good, you can get a refund (in most 1st countries at least AFAIK). If the XB360 is defective, everyone is free to get a refund and force the changes that way. It doesn't need an explicit legal challenge.

I know a couple of pieces of software I've bought that have been bugged and cost me many hours of problem solving, often futily. At the time I felt angry and like suing the companies, but it's a silly irrational feeling. Nothing's perfect, you're going ot have problems with things, and you either make the best of them, or get rid of them and find alternatives. Rather than suiing MS, take the XB360 back to the shop and buy a PS3 instead. Use the existing market system to tell MS they did wrong.

I guess the reason for wanting a class action suit might be that an individual doesn't feel they on their own taking an item back is going to communicate the message they feel. Buying an alternative instead doesn't communication the anger they feel.

 

[c0_re]

There is zero reason for this lawsuit to claim damages of any sort, period. In fact, there is pretty much zero reason for this lawsuit entirely.

Doin't waste your breath some people are just stupid, there everywhere

 

[Nite_Hawk]

Man, there is a lot of venom in this forum lately. The point is that the unit may not fail under warranty. Simply extending the Warranty to 3 years doesn't necessarily mean that MS should be allowed to sell defective units. Whether or not the units are infact defective is the entire point of the case. I'm not saying that he's right. I'm only saying that the case has merit. He should be allowed to present his side without people like you shouting him down before he's even had to a chance to say his fill.

Besides that, do you really think that it's ok for a manufacturer to sell equipment that doesn't work only to have the customers return it under warranty until they happen to get a working one? Do you really think that is an acceptable way to conduct business regardless if it causes anyone physical injury?

Nite_Hawk

 

[Tap In]

I think we now know why Alard was talking about why finding a solution for ventilation was so important this gen. These new machines put a lot of power in a small package.

I have been running mine for hours on end with no problem, but I will see what that's like in the heat of an Arizona summer.

good thing I added a 1 year replacement warranty from Game Crazy, but a law suit? I think not.

 

[Nite_Hawk]

Doin't waste your breath some people are just stupid, there everywhere

If you are going to comment on the stupidity of others, you could at least attempt to properly punctuate your sentences.

Nite_Hawk

 

[mckmas8808]

This is a bunch of BS. Come on guy just get a replacement. I bet Bill Gates himself will hand in one just to shut him up.

 

[blakjedi]

What a waste of time. If it doesn't work, return the damn thing. Don't sue, it's not as if it burned down your house.

Thats next!

 

[scooby_dooby]

I bet he'll argue that he camped out for days, only to recieve a defective 360. Boo fuckin hoo!

This is getting a ton of mainstream press, not from this incident, but just overall. From the scratched discs, to the guy who reported melting, to the people claiming freeze-ups, it's getting alot of press that's for sure.

However MS's official comment has been that it's % return rate, so any media outlet worth their salt will include the official response from the manufacturer, to bad most news organizations are NOT worth their salt...

 

[DigitalSoul]

This guy who got his at launch was on the local news, he came home with his X360 and the thing didn't work. He seems seemed pretty pissed off, but all he had to do was basically return the unit and get a new one or get his money back.

This whole lawsuit thing is a little extreme though. Wont that cost him more that the damn Xbox it self?