Defective Xbox 360s prompt lawsuit

The Xbox 360 is definitely one of the hottest items this holiday season. Unfortunately for Microsoft, the console may be "the hottest" in more than one sense of the word. With the launch of the sophisticated piece of electronics came the inevitable reports of defective units, the main complaint being overheating.

However, because of the system's price and scarcity, replacing problematic 360s isn't as easy as exchanging a sweater that's the wrong size. Much of the praise for the machine has been drowned out by those with defective Xbox 360s who have been very vocal about their problems and are in search of some answers from Microsoft.

One man has even gone so far as to take the software and hardware giant to court. Robert Byers, from Chicago, Illinois, says his Xbox 360 and its larger-than-usual power supply overheat and cause the system to shut down. Byers believes that Microsoft did not properly test their systems in a rush to get the console out before its competitors released their consoles. The suit is seeking unspecified damages, attorney expenses, and replacements or a recall of Xbox 360s.

Microsoft has stated that approximately 3 percent of Xbox 360s will encounter some form of technical problem, but adds that the number is lower than normal for retail electronics.

When asked about the suit, a Microsoft rep told GameSpot, "We are looking into this, but Microsoft doesn't comment on pending legal matters."