Microsoft Sued over Xbox LIVE Outage

From: http://www.xbox-scene.com/

Three Texas residents filed a lawsuit Friday on behalf of themselves and others who have had trouble connecting to Xbox Live in recent weeks.

The suit, filed in U.S. District Court in Houston, claims Microsoft's outages represent a breach of contract and negligent misrepresentation for which the software maker is liable. The suit doesn't claim specific damages, but notes the amount is in excess of $5 million.
In the suit, the plaintiffs allege that Microsoft should have known strong holiday sales would tax its servers. "Microsoft knew the increase in subscriptions would increase game-play on its servers, yet failed to provide adequate access and service to Xbox Live and its subscribers."

Original Link: http://www.news.com/8301-13860_3-9840766-56.html?part=rss&subj=news&tag=2547-1082_3-0

How sad, people jump at the smallest things to take advantage. Just pathetic.ratchet3

i agree. i just had a great experience with microsoft support for my 3 red lights. and the live thing was only for like a week. geez. haha i kinda feel bad for microsoft.... but at the same time not because they own everyones money! ha

We must admit though that a majority of XBL subscribers are freakin out since they can't connect to Live. :)

Yet, I do think the lawsuit is reasonable, just to protect the interest of existing and future XBL players. Though I don't agree with the 5 mil damages. Free/Extended XBL subscription would suffice, I guess :P

What's wrong with you guys? We all payed for an online service that has not been functioning several times withing the past couple months. We are all not getting a service we payed for! They have every right to sue, it will stop Microsoft from overloading there servers in the future and will result in a better service and product for all of us.allnamestaken

so you're from texas too?

Interesting to say the least, but i doubt that they will win...

If they have the right to sue, then every Xbox Live Gold member does as well. A few people get 5 million dollars in payment on behalf of all the millions of users? I couldn't think of anything I would want to do with 5 million dollars.

Granted I think they either won't win or will recieve a smaller sum of cash in an out of court settlement.

But there are so many lawsuits that are absolutely rediculous. Like that lady who accidently spilled coffee on herself at McDonalds and sued for millions. Or people who slip in malls and sue them for millions as well.

well I for one think this is messed. so in the USA if I am unhappy in anyway or botherd I can file a lawsute. what the hell do you say to a Juge Im scard for life becuse I could not play halo3 for one day and I want compasoin for my loss so I can sit at home and play Halo3 all day insted of work. the most these lossers will see is a free 3 month of live card if that

Wow..... People are trippin these days. But hey, you can sue people for anything these days I guess.

LOL trying to sue MS? Good Luck, MS will proceed and take them to court just to make the 3 guys go bankrupt before they even make it to the courtroom. this case will never see the light of day and those 3 idiots are wasting their money on something that cannot be sued over.Zemus

i agree. no way these guys will win because it is in the terms that they are not responsible for down time. especially on and off for a week. who would sue over that?

someone who needs to get out more.

damn rednecks...RJB1994

I live in Houston. I'm not a redneck. You, however, are ignorant. :D!

The XBOX Live outage has been very annoying... I salute these people.

LOL

Good luck with that.

Microsoft has ninjas at their disposal.

What's wrong with you guys? We all payed for an online service that has not been functioning several times withing the past couple months. We are all not getting a service we payed for! They have every right to sue, it will stop Microsoft from overloading there servers in the future and will result in a better service and product for all of us.allnamestaken

the world is not perfect and if you don't like the service you paid for. THEN STOP USING IT and cansel it or whatever and don't complain ok. just don't reenew itk that is all you can do. I know $60 is the world to some out there but you will forget about in 2 days and not even care. THE ONLY THING thell get out of this is there money back. and one hell of a legal bill.

[QUOTE="allnamestaken"]What's wrong with you guys? We all payed for an online service that has not been functioning several times withing the past couple months. We are all not getting a service we payed for! They have every right to sue, it will stop Microsoft from overloading there servers in the future and will result in a better service and product for all of us.PiNwOrM

Read the contract you stupid dolt, it clearly says microsoft is in their legal rights to not keep the servers up 24/7.

Stupid lawsuit, will be laughed at before it even enters the court room.

SWEET FINDE I love it it's all over befor it even started I forgot about the contract that nobody reads

proof that everyone in texas is retarded!!!! i mean, come on!!! how can they sue them for that? no judge will take that case surely? not even in america!cheames748

this is the most ignorant, ridiculous, moronic attempt at a statement i've ever heard in my entire life. how the hell does this lawsuit say anything about anybody in texas other than these people? and who the hell in texas do you know of that is so "retarded"? where do you get off saying this? you're a straight up judgmental, stereotyping idiot. now gtfo

Nobody ever sues the power company for power outtages but Microsoft has to pay for lawyers against idiots like these.cronusmag

[QUOTE="PiNwOrM"]

[QUOTE="allnamestaken"]What's wrong with you guys? We all payed for an online service that has not been functioning several times withing the past couple months. We are all not getting a service we payed for! They have every right to sue, it will stop Microsoft from overloading there servers in the future and will result in a better service and product for all of us.RippedFubar

Read the contract you stupid dolt, it clearly says microsoft is in their legal rights to not keep the servers up 24/7.

Stupid lawsuit, will be laughed at before it even enters the court room.

SWEET FINDE I love it it's all over befor it even started I forgot about the contract that nobody reads

I seriously hope you wern't trying to imply that not reading a contract you agree to makes it void.

I wonder if actions like this prompted MS into offering the free XBLA game (whatever it turns out to be).

And even if the claim was for $5m - that's less than $1 per 360 owner

I wonder if actions like this prompted MS into offering the free XBLA game (whatever it turns out to be).

And even if the claim was for $5m - that's less than $1 per 360 owner

Avenger1324

Microsoft is offering the game out of the goodness of their hearts, so to speak. They have no legal oblication to do anything here. At all.

It's simply good business to correct a wrong you have made.

[QUOTE="cronusmag"]Nobody ever sues the power company for power outtages but Microsoft has to pay for lawyers against idiots like these.IONz

PWND

I forgot to add my thought.

They'll lose because they expect to get 5 mil on behalf of all live users, i'm preety sure that doesn't work in the legal world.

I forgot to add my thought.

They'll lose because they expect to get 5 mil on behalf of all live users, i'm preety sure that doesn't work in the legal world.

danzoid_101

McDonalds. Coffee. Enough said. Court decisions are stupid.

This was just three guys in one district of one state, what would happen if two or three people from a tenth of all the districts in the US filed a simular law suets across the US and this doesn't count if people from other parts of the world did the same thing. This could cost MS in the billions just in legal fees.jimm895

No, it won't, because hell will freeze over before this wins.

God damn, do people not read contracts they agree too? this is very, very basic stuff.