Xbox 360 Lawsuit Gets No Respect

Xbox 360 Lawsuit Gets No Respect

July 10, 2007
A class-action lawsuit filed against Microsoft yesterday reminds us of an old Rodney Dangerfield line:
My old man, he wasn't too smart. He worked in a bank and got arrested for stealing pens.

And so it is with Brouwer vs. Microsoft. According to a report on MSN Money:
The Fort Lauderdale law firm of Hodkin Kopelowitz Ostrow has filed a suit against Microsoft,  saying that its Xbox 360 Video Game System scratches game discs.

The suit, which seeks class action status, was filed on behalf of Jorge Brouwer, a Broward County resident who bought an XBox 360 late last year. It says that damages exceed $5 million...

Let's see if we have this straight. A class-action suit over scratched discs, while as many as one-third of all 360's may be suffering the dreaded red rings of death due to faulty manufacturing?

Please.

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A friend of mine also had his launch XBox 360 scratch two disks...since the day the second one got toasted, he has let it sit there like a brick and never looked back to risking using it. For all I know, he's tossed it by now.

Its not a moron problem. It really does happen to people. Whatever happened to pride in quality? I hope this lawsuit is successful, maybe MS will take a better stance on being a responsible corporate citizen in the future (not likely, but then again, you never know...Hell might actually freeze over).
We have had similar problems - While ejecting a game, the console tray stills spins and scratches the disks. This has happened several times.
Good motives, but in terms of the current situation, bad move.
I receieved an Xbox 360 for christmas. It started scratching my discs within a month of my getting it. Xbox says to jsut send the whole console in and in 15 business days theyll fix the console. But what about my scratched discs? They wont do shit about those. Plus the technicians are all indian and no offense, but i can barely understand them at times. This lawsuit is a good idea even if all it achieves is bringing more awareness to the issue of the scratching of game discs by the 360.
If you have an Xbox 360 Console that has scratched your discs and you would like more information about the proposed class action lawsuit filed, please visit the Plaintiff’s attorneys’ website at www.Xbox360Litigation.com.

In the lawsuit, the Plaintiff is asking the Court to certify a nationwide class and create a fund for all individuals that have had discs damaged by an Xbox 360. The Plaintiff has alleged that the total minimum amount of damages incurred by all of the individuals combined is at least $5,000,000.00. To be clear, the Plaintiff is not alleging that he or any individual member of the class is entitled to that amount of money. The sum recovered by individual class members will be significantly less than the total damages incurred by the proposed class as a whole.
"So you have in encased in shock absorbing foam?"

Then ring of death sets in due to poor ventilation. ;)
Plaintiff's lawyers in the case: THKO @ 877-525-4100 www.accidentinjured.com
"Let’s see if we have this straight. A class-action suit over scratched discs, while as many as one-third of all 360’s may be suffering the dreaded red rings of death due to faulty manufacturing?

Please."

Are you serious? People are only allowed to make one complaint at a time now? I have never, never moved my 360 while it's running, but my Oblivion disc is so scratched as to be unplayable. Even if my 360 fails every six months I can get it repaired for free every time, the fact that my 360 seems to be gradually destroying my games is far more serious.
So this guy put over $5,000,000 worth of disks in this thing before he figured out something was seriously wrong?
Did I read that correctly? Did it honestly say five (5) million in damages!? HOLY [expletive deleted]!

That has to be one of the dumbest things I've ever heard. Let's assume, for the moment, that he is only putting brand new fifty (50) dollar discs into his system. 5,000,000/50=100,000. He owns 100,000 DVDs, WHAT THE [expletive deleted]?

Regardless of the ridiculous amount, he's still a moron for purposely damaging his DVDs! If you know it's scratching your discs, don't feed the #$@# thing!
I think the scratched disc issue is indicative of how poorly the Xbox 360 was conceived, designed, and brought to market. No other disc system I have ever owned, including laptops, cd players, and other consoles (including the original Xbox), is affected in anyway by movement while in operation. By encountering many similar products, I assumed that the 360 would do the same. I ruined a $60 disc so I could show my mom how cool it was that the green lights indicating which controllers are activated reorient themselves when the system is horizontal or vertical, a feature that seems to be asking me to reorient the damn thing while I'm playing it. It turns out the small cushion that prevents the laser from grinding your disc into a useless piece of plastic costs a couple of cents and is almost universal. Microsoft should replace discs scratched by its poor design even if they are the blatant fault of the consumer that happens to have put the good faith in Microsoft to manufacture a product up to industry standards.
@Brittany
my xbox scratched my gears of war disc to an unreadable state in under 2 hours of gameplay! twice! I still haven't got past the first level as I haven't built up the willpower to buy another copy (well, pay microsoft a sum of money to replace the disc which seems even worse considering it's their console that keeps eating it) though my replacement 360 hasn't continued the disc-munching habit thankfully!
Uhh, doesn't everything that takes in discs end up with scratches over time. A CD-drive, a Playstation, an X-Box, a DVD Player, Gamecube, Wii...

Yeah, I mean you can get it repaired easily if it bothers you so much. As long as it doesn't effect the game, I'm fine with scratches on my discs.
Class action lawsuits tend to end one of three ways:

1) With the defendant winning (unlikely, no matter the case).

2) The class winning and those being part of the class getting a pittance of a refund or coupons while the lawyers get a few million dollars.

3) A deal getting struck between the plaintiff and class lawyers where the lawyers get a dump truck full of money and the class bringing the suit gets a bunch of coupons.

(By the way, I'm still waiting for my $10 check from an RIAA class suit that happened 10 years ago.)
Apparently, the lens cover is missing 4 rubber 'pads' that are on newer DVD Readers that allow the disc to 'bounce' rather than scrape on the lens cover itself. I don't think it's so much a design flaw by Microsoft themselves, but rather that they bulk-ordered these drives before the problem with the lens cover became an issue.

The simple fact that Microsoft state in the instructions not to move the 360 when the disc is running shows that they were aware of a problem with scratching discs, however, they obviously weren't aware it was going to be as much of a problem as it has been.

Is it Microsoft's responsibility or is it the DVD Manufacturers responsiblity, or is it the end users' responsibility? It's hard to say, I think in some cases people just got poorly-balanced drives, this usually results in a sort of 'shhp-shhp' sound when a normal drive (with rubber pads) is running, and barely damages the disc (The disc would have to be running solid for several hours for any real risk), but could seriously make a mess without the pads. I certainly hope that any repairs that Microsoft are doing is using more modern drives with pads in them.
If the console scratches your discs, the manufacturer should replace them.
You know what else scratches the disc? You taking it out of the package and putting it back in. General wear and tear WILL scratch discs.

To whoever started this lawsuit, sit down and shut up or let the legal system rape you, both will be fine with me.
@ DoggySpew

"But I do have taken precaution. I now make sure NOTHING destabilises my X360."

So you have in encased in shock absorbing foam?
The scratching of disks should not be cause by anything.

The manual might say that you shouldn't move it, but come on, there is a limit. If you bump into the furniture the (launch) X360 scratches disks. ONLY the X360 does that. No DVD player, other consoles, CD player EVER scratched my disks when that happen.

But I do have taken precaution. I now make sure NOTHING destabilises my X360.
You guys who are having disk scratching errors are obviously running the console with the parental controls engaged. That is how they prevent you from playing M rated games. /sarcasm

But honostly, this is an error that should be fixed. I don't know if a lawsuit is what should happen, but it does need fixed.
http://www.floridatoday.com/apps/pbcs.dll/article?AID=/20070710/BREAKING...

''They don't tell you not to move the tower,'' said Ostrow, who seeks class-action status for the suit.

that is grade-A BS.
MS is being cheap and reusing parts in their production lines while they might not be using used parts like it the recerts they are reusing a lot of bad old designs.

I pray MS is goign to update all the drive units with the new CPUs.......
I agree with GP. This is pretty foolish, changing the bar from an unusual problem like the Circulo Rojo de la Muerte to scratching disks, an issue which is not uncommon for many consoles.

And before you say "Only the 360 scratches my games!", you obviously haven't seen what my PS2 did to my copy of Vice City :(.
@Stairmaster401
"Wasn’t the scratching issue limited to a handful of early generation 360s that– big surprised– were poorly manufactured? I seem to remember reading that, and also that they were (or did?) switching out the drives in the newer models so the problem was essentially solved."

despite claims on numerous sites that all 360s manufactured after nov. 2006 have the 3rd drive in, a console that I bought in april (which had a production date in february) still had the first drive, and it was still scratching discs! I took it back and got a different one which also had a similar production date (feb this year) and also didn't have the third drive (BenQ) but luckily it did have the 2nd drive model so it's not scratching discs but is still as noisy as hell (though i think it is a bit less noisy than the original)!
What is it with Broward County, Florida and its attacks on entertainment. First banning 2 Live Crew in the early '90's and now this?
My xbox scratching my discs (when it's horizontal and when nothing has touched it or gone near it before anyone comments) has cost me hundreds of pounds so far (my new one-with the 2nd gen. disc drive-doesn't seem to do it so hopefully it won't happen again). The red rings of death has so far cost me nothing and when it does happen will still cost me nothing.

Microsoft has admitted to the red-ring of death problem finally, they still are in denial about the de-stablising drive problem (which means they refuse to cover the costs of the discs) so I definately can see the point in this class-action.
@GamerDad
Thats why I said "When it's moved" I didn't say "disks get scratched because it is moved."
Sure, the red rings are a bigger problem, but at least now if we get them it's a free repair and the new 65nm processors are on the way and will hopefully solve the problem. Even more hopefully, anyone who's console gets submitted for red ring repair will get a free upgrade to the new processors. However for as long as the 360 has been out there's been nothing done to remedy the drive scratching discs. Modders quickly came up with a solution, why can't the console's manufacturer? The 360 is obviously designed to stand upright, but if you do that and even slightly bump the console or the surface it's on top of, the disc has a good chance of scratching and after paying $60 for a game that's not something you want to happen. PS3 has no problem, PS2 had no problem, why does the 360? This needs to be fixed also, hopefully this lawsuit will get a settlement and a solution placed in effect.
Well, again, mine simply scratches discs when it's vertical. I'd never move a console or DVD player when it's working.
My 360 scratched about 5 games until I rearranged my entire entertainment system to place it horizontally. Since most ad copy for the 360 shows it vertical, I think this suit has merit - as a class action only.

So I don't really like the slant here. No red rings for me, knock wood.

Or maybe I'm just mad because the victims included Gears of War. Sigh.
The reason disks scratch when the console is moved is because these drives spin way faster than alot of DVD drives on the market (You can hear that pretty well). That turns your disc into a gyroscope and as it changes its orientation along an axis it bend the disk while spinning and scraping it along the laser assembly.

This could have been solved if they had kept the little bumpers around the laser assembly.
Consider the fun editorial cartoonists could have had if his name was Jorge Bowser instead of 'Brouwer'. Bowser VS. Microsoft would have been a wonderful trove of material.
There likely won't be a lawsuit about Red Rings because in light of Microsoft's new warranty move, they can claim they admitted the problem and have taken steps to resolve it. The scratched DVD issue is something else that they haven't addressed and while some people are quick to dismiss it, it is a large problem. I have several friends who have had discs scratched beyond readability, especially on launch systems. This is because Microsoft's insistence on lower-cost components made Samsung (who makes lousy optical drives at the best of time) release drives with poor quality motors and dampers. Some of the drives will not always finish stopping the disc before lowering it which makes it scrape the tray and others don't properly hold the disc aligned so it wobbles while spinning (which is the problem that many people attribute to moving the console while it is on.) It's not as common now but it is still a problem. Just because it isn't Red Rings doesn't mean Microsoft should be let off the hook.
I hope Microsoft do something about this situation before things could get any worst.
Wasn't the scratching issue limited to a handful of early generation 360s that-- big surprised-- were poorly manufactured? I seem to remember reading that, and also that they were (or did?) switching out the drives in the newer models so the problem was essentially solved.

The disc lawsuit is fighting an uphill battle (unless MS settles to get them to STFU), because it suggests that MS ignored them and the problem. True or not, it helps that MS is acknowledging the 3-red issues.

GP is right, though. Who gives a crap about a handful of machines scratching a disc, when the whole console occasionally-- though not literally-- explodes and has to be shipped out, only to return with a 20% chance of exploding again?
The disc scratching thing happened with my friends PS2 GH2 disc. And his 360 Oblivion disc, and I think it's slightly scratching his KOTOR (1 or 2) disc.
I think GP gives this way too little respect. As Ghede said, the discs aren't being repaired. A lawsuit over red ring issues may never happen as Microsoft is at least appearing to take care of the issue. Whether they actually are is something only time will tell.

Has Microsoft mentioned the disc scratching issue? This isn't the first I've heard about it, so there may be an actual problem there that Microsoft has avoided, and it is causing external damage beyond just their own console.

I hope GP gives this enough respect to follow the lawsuit because I am very interested to see what happens with this.
Some disk drives actually can scratch disks without moving them Zen. You assume too much.

He should have waited until his 360 got the red ring and just bundled it in with that class-action suit.
Wow! Five million dollars in damage? Either he's got one serious game library or someone overcharged him for a single game. :/

Nightwng2000
NW2K Software
Yeah, go for the damage that is usually caused by an idiot moving or banging the 360 while it's running in response to them at least fessing up and trying to do the right thing with the warranty and repair changes....great way to look like an ass. :)
Well, the 360's are repaired usually for free, the discs aren't.
wow... well... it's a start... it just takes one person to get the ball rolling.
Ha.
great! not exactly the scratched disc problem but I turn on my xbox this morning to try out Bomberman Live on XBLA and the drive was making an unpleasant noise. I tried a few of my games and none will read. That makes 3 Xbox's in 3 months... good record microsoft and every single one a drive problem! I don't smoke, it's placed horizontal and away from where it can be knocked or moved, and it only get's about ten hours usage a week at the most.
I recently got the same scratches and the exact same sound from a disk I was playing as seen at http://www.llamma.com/xbox360/news/Xbox-360-Game-Disc-Scratched.htm and the xbox was not moved It is the third disk that this happens to and i called xbox 360 support for the replacement of my system which is under warranty and they refused to give me a new one. By new one i do not want a refurbished one i really mean a new one. I didn't even ask for the reimbursement of the disk's that were damaged just the system being a new system. A New System After all the law suits being faught by microsoft a request such as mine should not be ignored !!! All it would take to avoid a third lawsuit in regards to this reccuring problem is a little bit of common courtsey to our problem and decent customer service. Anyone who would like to add themselves to my future lawsuit or inform me of their issues e-mail me at sizla69@hotmail.com
Just so you know, DVDs can be "resurfaced" for about 5$ at you local game store. I had a massive scratch on a 360 game causing it to freeze everytime but now it's working like a charm... You can also use Brasso to remove small scratches on a DVDs or on your ipod... Having a 360 I invested in my own resurfacing machine!
this just happend to my yesterday....


i think i will have to get my disc resurfsed or something. its my only game and i just dont know what to do :(
I had camped out overnight at the local game store to be one of the first to own the Xbox 360’s. I had loved the original Xbox so much and could not wait to get my hands on the new one. Morning came and those of us who had braved the cold night were rewarded with the knowledge that an individual had stolen the shipment of Xbox 360’s headed to that store. I went home empty handed and had to wait two weeks till his next shipment came in. After enjoying the 360 briefly, I had to send it in for repairs due to the ring of death. They had sent me another 360 in about three weeks. This one lasted longer until I had to send that one in for repairs due to the machine freezing up my games and eject tray not working. Three weeks later, I tracked the UPS guy down and met with him to get my package. I was excited to get back to my gaming. When I got home I plugged it in and to my surprise, no video. Did the whole thing with tech support. They had advised me they would be sending me a shipping box. When the video would work, I would play a game and fell victim to two ruined discs with heavy circular scratches. Talked to customer service again. They refused to do anything to help with my damaged discs in which their machine was responsible for ruining. A week after calling I still had not received my shipping box. Called customer service and they advised me that it had not been sent out. They will send it out immediately and it will be another week for me to get the shipping box. Thank you Microsoft!
Microsoft and their Xbox 360 is about to face yet another class action lawsuit, this time for sending out refurbished units instead of fixing the consumers original console and returning it, while failing offer any kind of warranty on the refurbished unit which the consumer has no control over the wear and tear or how the refurbished unit was maintained prior to their acquiring it. There is also much concern over the personal information contained on the consumer Xbox's that are not being returned to their original owners but instead are being put on a pile to have the "ring of fire" fixed and then are being sent back out to a different consumer. Very poor business practices for a multi billion dollar company!
Wow, just wow... Microsoft pisses me off yet again, fucked up **Several** of my game discs, without the slightest movement to my xbox360 (and its perfectly level to boot). my count is oblivion, KoTOR2, and a couple other games of friends of mine completely unreadable, except KoTOR gets up to loading a game them says disc is damaged... /sigh FFS microsoft fix your shit, and quit being cheap assholes
to everyone to says the people starting this should shut up: you are dumb. you havent had this happen to you so u assume the people are stupid and wrong. its obviously not ALL xboxs, just a percentage. it leaves PERFECT RING SCRATCHES on discs. its not normal wear and tear...lol my xbox sits horizontal and hasnt moved. discs went in brand new, came out with a nice ring on them. ive opened it up and seen that its caused because the xbox is missing something to stabilize the disc from moving up and down causing it to bump into the metal casing of the lens. its a REAL problem... and to people who say that 5 million is a lot...its too little. the guy isnt PERSONALLY GETTING 5 MILLION. ITS TO BE SPREAD AMONG ALL THE PARTICIPANTS. lol so even if we win, im going to get like 10 bucks... id be happy if they just fixed my xbox, let alone replace my 4 games that were completely ruined...although that would be the right thing to do...
Just got off the phone with a supervisor at M$ Cust Dis-service. My 360 started scratching my Assassins Creed and COD4 a few days ago. I was told I'm out of warranty, so I have to pay. A polite little F You from M$!:(
Well actually this doesnt happen with just a handfull of consoles it is quite a few that do it.. I work at a video store and we constantly have to resurface the xbox 360 discs.

From What we have come up with is that when the console is standing up is when it has a better chance of scraching the ring into the bottom of the disk. When laying down it seems to have a less likely affect to scrach the disk
This is what a scratched "damaged" 360 game disk looks like when used as normal stand up or laying down:

http://www.i-mockery.com/shorts/xbox360-owners/scratches.jpg

Only after 1 month use, not normal ware and tear you dopes.

I still have original Playstations games that don't look nowhere near this from 10 years ago.

**Dave - find out about the lawsuit and join the croud**

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