
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.
Comments
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).
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 $5,000,000.00. To be clear, the Plaintiff is not alleging that he or any individual member of the class is entitled to that amount of money. The sum recovered by individual class members will be significantly less than the total damages incurred by the proposed class as a whole.
Then ring of death sets in due to poor ventilation. ;)
Please."
Are you serious? People are only allowed to make one complaint at a time now? I have never, never moved my 360 while it's running, but my Oblivion disc is so scratched as to be unplayable. Even if my 360 fails every six months I can get it repaired for free every time, the fact that my 360 seems to be gradually destroying my games is far more serious.
That has to be one of the dumbest things I've ever heard. Let's assume, for the moment, that he is only putting brand new fifty (50) dollar discs into his system. 5,000,000/50=100,000. He owns 100,000 DVDs, WHAT THE [expletive deleted]?
Regardless of the ridiculous amount, he's still a moron for purposely damaging his DVDs! If you know it's scratching your discs, don't feed the #$@# thing!
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!
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.
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.)
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.
To whoever started this lawsuit, sit down and shut up or let the legal system rape you, both will be fine with me.
"But I do have taken precaution. I now make sure NOTHING destabilises my X360."
So you have in encased in shock absorbing foam?
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.
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.
''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.
I pray MS is goign to update all the drive units with the new CPUs.......
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 :(.
"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)!
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.
Thats why I said "When it's moved" I didn't say "disks get scratched because it is moved."
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.
This could have been solved if they had kept the little bumpers around the laser assembly.
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?
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.
He should have waited until his 360 got the red ring and just bundled it in with that class-action suit.
Nightwng2000
NW2K Software
i think i will have to get my disc resurfsed or something. its my only game and i just dont know what to do :(
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
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**