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Microsoft hit with new Xbox 360 suit

Illinois man taking hardware maker to court, asks for sale of consoles to be halted, damages for self and fellow consumers.

Microsoft is back in court defending its oft-maligned Xbox 360 hardware. An Oak Forest, Illinois, man filed suit against Microsoft in the Northern District of Illinois - Eastern Division earlier this month, saying the console maker has been unjustly enriching itself by selling Xbox 360 systems that it knows contain a material design defect.

This system logs more hours in court than Phoenix Wright.

This system logs more hours in court than Phoenix Wright.

In December of 2008, a little over a year after the man purchased his Xbox 360, the system stopped working and was sent to Microsoft for repairs. Because the unit was out of warranty, the customer said he was charged a $99 repair/replacement fee. He adds that Microsoft gave him no explanation as to what was wrong with his console in the first place.

The alleged defect is presumably not the infamous "red ring of death" issue, as Microsoft admitted that flaw in July of 2007, months before the plaintiff purchased his system. Additionally, the company extended the warranty on "red ring" failure to three years, and the repairs in question would have fallen well within that window.

The plaintiff wants his complaint approved for class-action status and to be awarded actual damages or other restitution determined during a trial. Additionally, he wants a court order preventing Microsoft from continuing to sell the Xbox 360.

Microsoft's latest console has been the subject of lawsuits from the time it launched. Just weeks after the system's November 2005 debut, it was hit with a lawsuit over design defects that caused 360s to overheat. A 2006 suit was filed after a Fall Dashboard update "bricked" some users' systems. Problems keeping Xbox Live operational during the 2007 holiday season sparked another lawsuit, as did a number of disc-scratching incidents caused by switching the console between its horizontal and vertical orientations with discs in the drive.

A Microsoft representative did not return a request for comment as of press time.

1083 Comments

  • krazy-blazer

    Posted Sep 6, 2009 4:20 pm GMT

    I hope he wins the law suit,

  • moe725

    Posted Aug 20, 2009 2:00 pm GMT

    if they make a new xbox360 suite it would be like the ps3 slim.

  • TheDarkFortress

    Posted Aug 13, 2009 1:04 pm GMT

    lol what a d*uchebag

  • Toysoldier34

    Posted Aug 9, 2009 11:39 pm GMT

    @frazzle 3) Sure everyone knows a review is all opinion but the opinion of experts is something that can be valued. If a carpenter inspected your house and told you that there was a problem with how its made and will collapse within three years you would probably value his opinion because its what he does for a job. 4) I do apologize for criticizing you but I wasnt using my opinions and views in what I was saying but you repeatedly stated that I was and it was wrong but just so you know common and general knowledge is something that can be found across multiple sources. I am in school and writing many research papers, one in fact on Video games and violence you can find in my blog, so I know a lot about copyrights and plagiarism because if I dont then my papers fail and many cases you fail the semester. All in all you have been doing the exact thing I have but you arent fully reading and understanding what I say.

  • Toysoldier34

    Posted Aug 9, 2009 11:37 pm GMT

    @ frazzle I havent been on in a while. But I want to make things clear to you, we have been going back and forth and what you arent getting is what I am saying. I dont know how but what I say and how you interpret it is differing and thus resulting in conflict going to what you said before about my comments. 1) Though Valve may not have wanted Orange Box on PS3 and I'm not doubting you; I'm just saying it is there on PS3 so some one at Valve had to give the okay and sign off the copyrights to make it. we can agree on that because everyone at Valve didnt just wake up to find out the Orange Box was heading to PS3 and everyones like wtf who did this, for if that happened we would all know and Orange box still wouldnt be on the PS3. 2) I havent been comparing the quality of PS3 games to 360 games I never have if it seemed like I did then my words came out wrong. But I'm saying there are more as in just like the number of games coming to PS3 that look to be good games. So I never said Gamespot preferred any games on PS3 over 360 games.

  • 10679

    Posted Aug 7, 2009 4:26 am GMT

    @verity666912
    yours should be alright as yours is the newer generation of 360s. therefore chances of getting errors are quite slim compared to the older generation of 360 consoles. That person who put the lawsuit against most likely mistreated his 360.

  • TheBloodRed

    Posted Aug 6, 2009 12:23 pm GMT

    The "Open Tray" error is still yet to be accepted as a problem to Microsoft. They simply just changed the company that makes their DVD Drive and went on with their business. BS Microsoft, B effin S!!!

  • verity666912

    Posted Aug 4, 2009 7:08 am GMT

    This guy is stupid
    i'm worried now because i only bought an xbox 360 about 5 hours ago
    i'm really worried
    i blame the idiot

  • verity666912

    Posted Aug 4, 2009 7:07 am GMT

    this guy is stupid
    and now im worried coz i only bought an xbox 360 bout 5 hours ago from amazon!! im really worried!
    i blame the idiot

  • frazzle00

    Posted Aug 3, 2009 11:05 pm GMT

    @WolfGrey

    Giving this person money would only encourage other idiots to try their luck with frivolous claims. And really MS are not the first company whose gaming hardware is unreliable.

  • udmatador

    Posted Aug 3, 2009 3:04 pm GMT

    @ Wolfgrey..

    I agree, without these bedwetting fanboys, reading about the competition would be booooring!

  • thenephariouson

    Posted Aug 3, 2009 12:25 pm GMT

    Well, i'll make this post short and sweet:

    This is pathetic!

  • WolfGrey

    Posted Aug 3, 2009 11:35 am GMT

    I would be happy and unhappy if it went through.Happy because i see their hardware as very flawed, with the highest amount of technical issues ever in a game system.Im not joking sadly.Unhappy because even with those flaws its still a solid system.Get the lawsuit over with and give him his money but dont make them stop selling xbox360s.I may not like them for their hardware but gaming wise they are great competition for the ps3.And we all know without competition the products could become quite dull.We need competition to make both companies think of innovative new ways to entertain us.

  • SavemeJebus24

    Posted Aug 3, 2009 11:20 am GMT

    an old lady sued mcdonalds after she bought a coffee, left the restaurant and spilt it on herself, and another old lady sued mcdonalds after she left and got stung by a bee, sure this guy shouldnt have been charged $99, but suing to stop all sale of the xbox 360 is just rediculous, couldve even screwed the system up himself

  • Ohaidere

    Posted Aug 3, 2009 10:06 am GMT

    I hope MS crushes this.

    Yeah, I'm still bitter about my RRoD, but on principle I can't support a probably frivolous lawsuit.

    On the other hand, if it WAS a defected console I hope the guy wins.

  • anarchist4eva

    Posted Aug 3, 2009 6:47 am GMT

    @frazzle00

    Fair enough, but let's stick to the relevant point of this news story. I don't know how it got to comparing games and forum posts and reviews about who did what to whom between Sony, MS. Nintendo, and Joe Blow. it doesn't matter. The point of this story is; BOGUS LAWSUIT! I'm screaming @ the nimrod who filed not you.

  • samsterzemaster

    Posted Aug 3, 2009 6:40 am GMT

    @frazzle00

    Thank you. Personally i don't care for fanboys, but you can taunt from either sides, 360,PS3, or Wii

  • frazzle00

    Posted Aug 3, 2009 6:35 am GMT

    @anarchist4eva

    Getting back to the topic at hand. The 360 has hardware reliability issues. This is not uncommon in the videogame business. Sony have had plenty of first hand experience themselves. Americans love frivolous law suits. Given the success of the class action suit against Sony with regards to the PS2's disc read errors, the nimrod in question here wants to make some easy cash out of MS. This whole business of "preventing Microsoft from continuing to sell the Xbox 360" is just a scare tactic to convince MS to settle quickly. I hope he doesn't win. He should learn to make money like the rest of us; through hard work .

  • samsterzemaster

    Posted Aug 3, 2009 6:33 am GMT

    @10679

    Blaming violence on video games is such a hot topic now that the us army have gotten on the bandwagon and now we have Americas army which (IMO) is a pretty good game coming out of the government.

  • frazzle00

    Posted Aug 3, 2009 6:31 am GMT

    @samsterzemaster

    There is no winning or losing. We were just having a discussion. Anyway since you clearly know the difference between fact and opinion I have no beef with you. It's the silly fanboys that I enjoy taunting.

  • 10679

    Posted Aug 3, 2009 6:27 am GMT

    @samsterzemaster
    He is one of those people who will do something like blame violence on playing video games such as doom and i f go beyond that then gamespot people won't be happy with me .

  • samsterzemaster

    Posted Aug 3, 2009 6:19 am GMT

    @10679

    Yeah, but i am tired of constantly arguing. BTW the guy filing the lawsuit is never going to win;who does he think he is.

  • anarchist4eva

    Posted Aug 3, 2009 6:06 am GMT

    At some point I'm sure the jr execs here were discussing the main point of the article which was the lawsuit. I've read thru about 2.5 pages and can't find that discussion anywhere. Nice one Gamespot!

  • 10679

    Posted Aug 3, 2009 6:01 am GMT

    @samsterzemaster

    Ah k. Makes more sense now . Thats because some of your post was really $%#%^ and thought it was a 12 year old who wrote that. No offence btw. Anyways you just admitted to frazzle that you agree with him which means that you have lost

  • samsterzemaster

    Posted Aug 3, 2009 5:51 am GMT

    @10679
    Actually i am 12.

    @frazzle00

    Ok in the case of the number of exclusives at this present time then the 360 has more, but i think that in the near future the PS3 will have the upper hand. (IMO)

  • 10679

    Posted Aug 3, 2009 5:47 am GMT

    @samsterzemaster
    how old are you btw? i am assuming you are around 12 years old

  • frazzle00

    Posted Aug 3, 2009 5:45 am GMT

    @samsterzemaster

    Yes we are and the 360 clearly has more. You brought up the difference in release dates. I replied stating that when it comes to making a purchasing decision, the difference in release dates (in my opinion) is irrelevant. You went off topic first not me .

  • samsterzemaster

    Posted Aug 3, 2009 5:43 am GMT

    @frazzle00

    why do you bring up the issue of sales, weren't we discussing the number of exclusives.

  • frazzle00

    Posted Aug 3, 2009 5:28 am GMT

    @samsterzemaster

    Perhaps you should read my post again:

    "Firstly when people make a console purchase they consider what games are available and not when the system was released. So I honestly wouldn't disregard the 1 year head start. "

  • samsterzemaster

    Posted Aug 3, 2009 5:07 am GMT

    @Darth_Slayer

    I previously came to agreement with frazzle00 and the others that the PC was not a console and was in its own league.

  • Darth_Slayer

    Posted Aug 3, 2009 5:04 am GMT

    That still depends on your definition of exclusive. Final Fantasy 7 and 8 were ported to the PC, and so were MGS 1 and 2, Resident Evil 1, 2 and 3, Tomb Raider series, GTA 3, VC, SA etc, and yet these games are still mostly identified with the Playstation platform and sold the most there. And keep in mind that not everyone has a gaming PC that can fully replicate the same experience on console, nor want to deal with copy protection.

  • frazzle00

    Posted Aug 3, 2009 4:43 am GMT

    @samsterzemaster

    Firstly when people make a console purchase they consider what games are available and not when the system was released. So I honestly wouldn't disregard the 1 year head start. Secondly even if we did so, the 360 only has 1 less exclusive than the PS3. We could then factor in the fact that exclusives don't always stay exclusive (for both consoles) and this difference of 1 exclusive becomes irrelevant.

    Anyway as you can clearly see the number of exclusives really isn't significant enough to sway a purchasing decision. It really comes down to which exclusives you prefer. I prefer the 360 exclusives. You prefer the PS3 exclusives. There is absolutely nothing wrong with that; to each his own. All I was protesting is people like ProGamerNerd and Toysoldier34 who mistake their preference as being universal.

  • samsterzemaster

    Posted Aug 3, 2009 4:34 am GMT

    @frazzle00
    The 360 has 113 exclusives and 75 console exclusives for a total of 188.
    http://en.wikipedia.org/wiki/List_of_Xbox_360_games
    The PS3 has 159 exclusives and 9 console exclusives for a total of 168.
    http://en.wikipedia.org/wiki/List_of_ps3_games
    So before you say i told you so, take into recognition that the 360 was around for 1 whole year before the PS3 came out and in that time 21 360 exclusives came out.

  • samsterzemaster

    Posted Aug 3, 2009 4:01 am GMT

    @10679 I think that is true.

  • frazzle00

    Posted Aug 3, 2009 3:55 am GMT

    @samsterzemaster

    A PC is not a gaming console. We are dealing with seperate markets here. And as I have said before (and for that matter YOUR ORIGINAL POINT) please prove that the PS3 in fact has more exclusives than the 360 (even if you exclude console exclusives with a PC counterpart). A score qualifier was never part of your original argument, and it is a moot point. Different review sites review games differently. Stick to simple fact, and prove your claim that the PS3 has more exclusives.

  • 10679

    Posted Aug 3, 2009 3:50 am GMT

    @samsterzemaster
    you said this "PC does exist making most 360 titles not exclusive."

    when you are comparing which console has the most exclusives than the pc is not included because like you said pc is a pc and consoles are consoles. whatever games pc has are considered as pc games which is different from consoles games even though they are the same game. To make it simpler to you , pc games is in its own league and goes for the consoles games as well therefore the games that are both on pc and 360 still count as console exclusives.

  • frazzle00

    Posted Aug 3, 2009 3:49 am GMT

    @Toysoldier34

    4) Most "regular" children as they grow up, eventually learn that they are not the center of the universe; people do have differing views, and that this is in fact ok. They learn to socialize with like minded individuals whilst at the same time, ideally, respecting the differing opinions of others. You've obviously not reached this phase in social development yet. I have never said your opinion is wrong. I have never said your opinion is bad. You've repeatedly criticized my opinion as being "crappy", "shotty" and "useless" (and at the same time repeatedly tried to pass of your OPINION as fact). Therefore if anyone is embarassing themselves it is you little buddy. You don't have to be a rocket scientist to understand the concepts of fact and opinion. I honestly feel sorry for you dude, you can't help being what you are 8).

    5) I'll conclude my reply to you by reiterating what I said before; opinions don't require proof, only facts do. All the facts I have mentioned I've either provided sources or mentioned where such sources can be located. You have absolutely NOT done any of that. In fact you obviously don't know what a fact is. Where's my proof of this you ask? Just read your own posts 8).

  • frazzle00

    Posted Aug 3, 2009 3:40 am GMT

    @ProGamerNerd

    Have a look at your older posts. I got them from there (pages 2 and 3 I think). Unless of course you've edited them out. . BTW, a fanboy is the epitomy of bias .

    @Toysoldier34

    1) Valve DID NOT WANT to port the Orange Box to the PS3. Gabe Newell is NOT A FAN of the PS3. Don't believe me? Either have a look at Gamespot or Google. And if I recall right we were discussing what developers thought of the 360 and PS3 and hence this is perfectly relevant.

    2) Gamespot has never ever said that they prefer upcoming PS3 exclusives over 360 ones. Prove me wrong. For that matter, as I've said before show me any professional videogames site that states upcoming PS3 exclusives are better than their 360 counterparts.Don't forget that this is your claim, not mine. When you are trying to pass something of as fact PROVE IT.

    3) Dude are you really that clueless? Game reviews are pure opinion. Opinion as I've told you is not fact. Don't believe me, ask the Gamespot moderators or reviewers. We read reviews BECAUSE THEY ARE SUBJECTIVE. If you want objective information about a game go to its product page and read the game specs (e.g. number of players, resolution, custom soundtrack support etc.). Not a very interesting read, huh? Once again don't believe me, ask a Gamespot moderator.

  • Toysoldier34

    Posted Aug 3, 2009 3:13 am GMT

    @ frazzle00 You really don't realize your an idiot do you? Look through all the posts and you will see people on here don't like you and why is it that you talk crap about what everyone says with more of your high horse crap that makes no sense at all when everyone clearly responds with resonable statements. Just post that you admit you've only been saying useless things and saying you have proof and know what your talking about. Your only in denile and it's getting sad how someone can be so oblivious please just stop you random, you will never win.

  • Toysoldier34

    Posted Aug 3, 2009 3:08 am GMT

    (3) So as you get more and more into your shotty opinions and away from any facts you so desire keep telling me to grow up please do because so far you have said nothing of any value other than make people sure of the fact that you know nothing of games and nothing of common knowledge. What I say hasn't really been my own opinion but yours clearly is so take your own crappy advice and get some facts and a proper background.

  • Toysoldier34

    Posted Aug 3, 2009 3:07 am GMT

    (2) Well there aren't any because you have said nothing thats fact and you are the one really making things up here. You say that games that Gamespot themselves say look good and they expect great things from means nothing? Because if you do you really are just plain dumb and can't compare your interests to theirs. I never asked for or cared what your opinion on upcoming games is, as I haven't really brought up mine. I have been saying common knowledge facts. So go ahead and tell me I'm saying my own opinion when I say things like Assassin's reed 2 looks good and is highly anticipated by not only me but many well known and respected gaming sites and anyone who simply knows anything of gaming. Uncharted 2, God of War 3, and Mass Effect 2 can all have the same thing said about them.

  • Toysoldier34

    Posted Aug 3, 2009 3:06 am GMT

    @ frazzle00 (1) I knew you would end up responding with something idiotic but I never imagined you would be so plain dumb when you said it you really amazed me with you stupidity. Good Job. First it doesn't matter if Valve didn't directly bring Orange Box to the PS3 they still had to give the okay to have it done so in a way they did a little bit. Second I wasn't talking directly about one specific game for PS3 being better than any specific game for the 360. When I say highly anticipated game I mean just that anyone that knows anything of games and respected gaming websites all have games that are upcoming that they talk highly of and Gamespot itself can be included so there is a website if your so obsessed with one. I said before that there is a higher number of games that are going to be good for PS3 than there are for 360 I'm not comparing any two. Once again you bring in your opinion when your the one stating so strongly for sources to my words. But most of what I say is common knowledge but I know you lack that too. You say you have sources for all the facts you have...?

  • udmatador

    Posted Aug 3, 2009 2:07 am GMT

    PC is my main gaming medium. However, console games even with there faults as stated below are still fun, people still get good at them and get the bragging rights, and last but not least you buy it, plug it in, press power, and go........PC's can require TLC/upgrades, plus there are more inconsistencies with PC gaming. The market might be groundbreaking but it IS smaller. People don't need the 75 FPS or 16x AA to enjoy a good game.

    That being said, the freshest ideas and most sophisticated gameplay comes out of a REALLY good PC game. Consoles get what was then when it comes to a PC gamer. Alot of console games are inspired by PC engines. We need to remember that.

  • Blade8Aus

    Posted Aug 2, 2009 10:54 pm GMT

    @bodboy466

    console gamers get horrible online, bad graphics and MAJORLY overpriced games that you cant even mod

  • Bodboy466

    Posted Aug 2, 2009 9:54 pm GMT

    Leave it to a PC gamer to look down on console gamers from below them. PC gaming hasn't been relevant since the PS2. They have a lot more functions? You're right: word processing, database building, CAD and the internet, viruses and all. You know: WORK. I never have to replace a graphics or sound card in a console, and because I keep gaming where it belongs, my laptop never needs such replacements either. Go ahead and install your $300 super graphics card, along with DirectX 26 and the 16 other things you need to make your little "platform" work. If anything should ever go wrong, enjoy spending hours figuring it out. Vista, DRM, hackers, memory, settings, hard drive cleaning- I could go on for quite awhile, having actually worked with such a flawed form of gaming. The only stat I'll ever need to check when I buy a game is easily visible from the cover. Having a single, unified console base is far more intelligent and far less bothersome.

  • samsterzemaster

    Posted Aug 2, 2009 9:05 pm GMT

    @10679

    When did i ever say that a PC was a console. The PC is not a console, to me it is better than a console. the PC has better graphics and a lot more functions than a console.

  • 10679

    Posted Aug 2, 2009 8:28 pm GMT

    @samsterzemaster
    "If we were talking about console games only and pretended the PC wasn't even here, then the 360 would have a lot more better games than the the PS3 and would be evidently the better console, but this isn't the case because the PC does exist making most 360 titles not exclusive."

    Dude if you have brain , then you will know that PC and consoles are two complete different things. PC is pc not consoles . Get your fact straight. Tell that to any hardcore pc gamers and they will think you are from kindergarten.

  • kissfan76

    Posted Aug 2, 2009 8:09 pm GMT

    lol ok sorry I just read an email I got from Microsoft concerning the failure rate of the 360 (still waiting on Sony) ok anyway they did a nice tip toe around the actual number of replaced and returned 360's without giving a number and somehow they thought I was worried about my console and I never diclosed that I had a console. I said I would like to know the failure number of the 360. So there you have it they wont come out and honestly say how many where repaired.

  • udmatador

    Posted Aug 2, 2009 6:51 pm GMT

    bottom line: M$ is one of the largest companies in the world. they could have fixed this right off the bat, they could have taken the hit to redesign and still came out on top. it's online community is far bigger than ps3's. i own all 3 of em. i love them all for what they're good at, but online is what is paying out and xbox is pwning that market atm. ps3 has some really good games, it just needs to build some momentum for the holidays and steamroll the market with about 7-10 rad titles.

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