Xbox 360 Tester Who Spoke on Record about RROD Gets Canned, May Be Sued

Last week Dean Takahashi of VentureBeat penned an expose detailing how shoddy production practices emploted by Microsoft resulted in the Red Ring of Death fiasco for Xbox 360 console owners.

Moments ago Takahashi published an update to report that a QA tester who spoke to him on the record for the investigative report had been fired by Microsoft just days after its publication:

Robert Delaware was the only named Microsoft worker (a contract employee) who talked — without permission — to VentureBeat for our story last week on the Xbox 360 defects.


Microsoft had him fired on Wednesday. Delaware worked as a game tester at Microsoft but was employed by the temp agency Excell Data. He reported directly to a Microsoft manager, who told him he was being let go because of the VentureBeat article.

Takahashi reports that Delaware (left) may face litigation, presumably for violating a non-disclosure agreement (NDA) of some sort. Of his abrupt termination, Delaware told Takahashi:

I don’t regret it. I’ll fight it [if he is sued]. If they want to come after me, bring it on.

GP: Video games are fun, but the video game business most assuredly isn’t fun and games. It’s corporations and big money and the consumer is often hung out to dry. The RROD fiasco and EA’s horrendous Spore DRM are but two noteworthy instances.

Microsoft may well try to make an example of Robert Delaware in order to intimidate the next guy from speaking up. However, the screwing that MS gave game consumers with the RROD exponentially outweighs whatever technicality Delaware may have violated. Let it go, MS.

…and now I have to end this rant in order to box up my third RROD Xbox 360 for shipment to rehab.

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  1. 0
    Anonymous says:

    The First Amendment, particulary freedom of speech, only applies to the government limiting the people’s right to free speech.

    There is no such protection for private individuals, companies, or residences. 

    Thus, if you are in Wal-Mart and they don’t want you to say banana they can enforce that within their property by making you leave. 

  2. 0
    Kyle says:


    haha i had the same exact thing happen last week. the graphics, mainly the lighting it seems, go haywire and it looks like shit, then when you try to restart it, you get nothing.

    i sent mine in, as it was still under warranty, and they just shipped me out a new console, which is slated to be at my home on the 17th.  i guess thats something that cant be fixed, or takes to long to fix so theyll send me a new one, and refurbish that one for the next person.  hey you might even get mine! haha


    but even through all this, im still going to stay loyal.  there flipping the bill, and technology breaks. o fucking well. and while they did rush it to win the market, which oddly wii is in the lead?!?!, it was worth it. they got the jump on sony.  now sony costs more, and has few exclusives with enough pull to get me to buy one. ratchet & clank, GT5, and resistance. but compared to Gears, Halo, Forza, Ninja Gaiden, DOA and Too Human all top those, and anything else is shared. the only thing they have is free online, but only CoD 4 is any good for that, and id rather pay to play that AND halo 3 online on the same system. oh well

    my dad went through 3 ps2s, same problem each time, and it wasnt until the slim one that it didnt keep breaking. and didnt ps3s randomly catch fire? are all the MS haters just gonna overlook that?

  3. 0
    Krono says:

    I’m pretty damn sure he fully expected repercussions. Hell, it says as much in the article linked to about him being fired:

    (he fully knew the risk he was taking, based on multiple conversations I had with him about using his name).

    He basically decided to deliberately call out Microsoft on the likely still existant problem of console updates included with retail games bricking the consoles. He did so fully knowing it could get his ass canned just for starters. This sort of thing happens when people get sick of working in a bad situation. They stop caring about the consequences to themselves and speak up.


  4. 0
    Krono says:

    I thought it was like the BSOD on PC’s just an imaginary propaganda tool created by people who don’t like the system

    1) The blue screen of death was very real, not a propaganda tool. Microsoft just managed to improve windows 2k and later to the point where it didn’t show up nearly so often anymore.

    2) It was launched first in America, so a large percentage of the defective early ones probably ended up here.


  5. 0
    ZippyDSMlee says:

    Do I sense fanboys spamming like crazies here or what?

    Its a shame the 360 had a 90% fail rate for 1-3 years the repairs over the the last year or or 2 have been meek at best they go the 60% fail rate dealt with but it still have a very high fail rate by todays standards… so while it dose a almost solid 3 bad out of  10 units now it still has a 1-2 or 1.5 units out of 10 hat are bad.

    If MS didn’t ignore the fail rate issue and didn’t lock the HDD it would really be in the lead of its market but knock 30% off tis numbers and its kind pittfull…


    I is fuzzy brained mew =^^=
    (in need of a bad overhaul)

  6. 0
    Dog Welder ( User Karma: 0 ) says:


    The First Amendment does not apply here as it’s a NON-GOVERNMENT organization that would sue him.  If Microsoft chooses to go after this guy, he’s boned.

  7. 0
    Anonymous says:

    He DID say something to her. NDAs can apply to policies and what he was exactly working on. Which if you read the essay, it goes into detail they were being told they were "creative talent", and therefore don’t qualify for OT. Which was crap since he was working off of a style guide. THAT alone can get you laid off if you tell something on the internet under "company secrets" NDA.

  8. 0
    Anonymous says:

    Having worked at MS and manu other places as a contractor and signing many NDAs, they actually can keep you from talking about past issues even after something is released, its all about the sunset clause in that case. I have at least one NDA from there that i am technically still under because it had no sunset clause, and that was years ago.

  9. 0
    Anonymous says:

    He may want to read his NDA, because if he was a game tester sometimes the only thing that is listed in the NDA is the software itself and not the hardware.

  10. 0
    the1jeffy says:

    Does the ECA plan to support his legal defense, either from an amicus curiae standpoint, or directly through a fund-raiser?  I want to help him.

    /suitvoice Yes, Microsoft can fire him, especially as a temp.  Temps aren’t really even people, right?  And plus an NDA works really well, especially if you can a guy with info about how terribly your company has fucked customers.  Threatening him with a lawsuit is a great plan, too, because he’s already shown he can be cowed by unethical legal weight.  Solid management all around.  Who’s up for 18 holes tommorow, now that unpleasant business is behind us?

    Bleh.  I hope he finds a new job.  I like a person who stands up for what is right and isn’t afraid of the repercussions.  He had said he expected to be fired.

    If there existed a class-action agaisnt Microsoft, he would be then covered under whistle blower laws.  I imagine, though, getting after warranty free repairs comes with anti-class action fine print.  The fuckers in legal know what they are doing.

    Eh, I think it’s just a threat to keep him quiet.  Time will tell.

    ~~All Knowledge is Worth Having~~

  11. 0
    Steve ( User Karma: 0 ) says:

    Look at that, another reason for a consumer boycot of Microsoft products. At this point, Microsoft owes the consumer so many apologies that I doubt reconciliation is even possible within Steve Shithead Ballmer’s lifetime. 

  12. 0
    Pixelantes Anonymous says:

    Why does this QA tester think that he can speak about Microsoft’s secrets without repercussions? I’m 100% sure his contract with Microsoft says you don’t talk about your work without permission.

    As bad as Microsoft has handled the RROD problem, it still doesn’t mean Microsoft employees can go and talk about it to anyone. Ex-employees might be a different matter.

  13. 0
    Pominator says:

    Odd though, of the 2 launch 360s I have, neither have failed me, it is odd to see how all the americans seem to be getting this RROD, I thought it was like the BSOD on PC’s just an imaginary propaganda tool created by people who don’t like the system,,, I kid I kid, but still it is odd to see Americans complaining about the RROD when it is almost unheard of here in Britain.

    As for the guy? He broke contract, you don’t do that, no matter what your beliefs are, if you wanted to go out and tell everyone, you should not have signed it in the first place, heck you shouldn’t be involved if you are going to do stuff like that, it is admirable that he wants people to know the full truth about what was going on, but lets face it, we already were quite aware of the situation at M$ (you don’t need Grissom to figure it out!) The clarification of the fact is helpful, but seriously, it was a pointless cause to go for in the first place, don’t consider me defending M$, I am no fan of their practices when it comes to dealing with people who they don’t like, or even people they do, but I’ll be damned if they don’t have the best games out there with the best damn platform to play them on.

    Your soul is a tasty refreshing treat to ones such as I

  14. 0
    Matthew says:

    More people should read your words.

    In the US, you have free speech. You can pretty much say what you want, when you want, but you do not have freedom from consequences of your speech with respect to the government. An NDA is something that you have to sign yourself in order to accept that a private company can restrict your speech a little further.

  15. 0
    lumi says:

    No she wouldn’t.  She didn’t work for EA; she was under no NDA, and her husband, who was, said nothing.  Also, an NDA can’t prevent you from talking about the hours your spouse is working.

  16. 0
    Flamespeak says:

    "Woah, Chief.

    Microsoft didn’t fix th problem. They didn’t fix it at all. Let me give you an example of what they did.

    I sell a video game. about 30% of the video games I am selling have major scratches that prevent them from playing, however, I cleaned the scrathes out. They are still there, but since they are clean the laser on your system will not have any problem reading the game and it will work fine. For about a month, then a natual build-up of dust and such will make the sratches visible to the naked eye and the laser will not be able to penetrate debris to read the data.  You return the video game to me and I give you another disc with the same problem as the last. I clean up the game you gave me and put back in the pile to ship back out to gamers who want my product still despite the reputation it has of being messed up.

    Nothing is fixed, the problem remains, and I still make a profit selling the systems by recycling the busted ones over and over again and only worrying about shipping fees that I will make back with my online service fees plus buckets of cash extra.

  17. 0
    zippy says:

    True, it IS commendable on how much they have done to try and fix it, but the fact remains that there are still QUITE a few people out there who are on their 4th, 5th, or even 6th xbox. O_O That, and the fact that their customer service…is lacking. My xbox cracked my discs, and microcrap wouldn’t replace them. D=

    Still, I suppose it is better than back when the xbox first came out where almost 60% of xboxes in some country were being sent back…xD

  18. 0
    Pinworm4545 says:

     You can’t get refunds on the 360 by taking it back to where you bought it.


    That said, Microsoft has spent a lot of money trying to correct this. And it’s not that big a deal if you get it. Extremely lame, but not that bad. Make a phone call, get a box, get a new 360. Took me 6 days from when I made the call to be playing Xbox again. It sounds like it’s worse for some people, and it is really lame, but it’s not that bad. As much as you gotta hate Microsoft for this problem, you have to admire all they’ve done to try and fix it. It’s cost them over a billion.

  19. 0
    Anonymous says:

    Is it just me, or are some X-Box users as bad as Mac Fan Bois? If its a piece of crap, take it back to the seller and demand a refund, or file a class-action lawsuit against Microsoft.

  20. 0
    TJLK says:

    I agree, NDA means you can’t talk about this stuff.  Really sucks but thats the legal situation.

    HOWEVER I do think he should be treated with respect.  He may have broken his NDA but dude he did it for a good reason.  Microsoft should know better.  I don’t know him but he has earned a lot of respect from me.

    Anyone find it odd that all these really big game industry entities are being exposed for their terrible business tactics?  Its like anyone with a passion for games and clean business are being punished.

  21. 0
    BmK ( User Karma: 0 ) says:

    Microsoft should have the right to fire this guy but not sue him. Freedom of Speech trumps a contract and since the government has to get involved in this when it comes to a lawsuit it violates the First Amendment at it’s core. Government can’t get involved in anything that tampers Free Speech.

  22. 0
    Pinworm4545 says:

    Free Speech doesn’t mean you’re free to say whatever you want at any time, and I don’t get why people think it is.


    You can’t yell at a plane terminal "I HAVE A BOMB". it’s a federal crime to ever say, even in jest, with the exception of citing the law like I am, "I am going to murder the president of the unite states".


    NDAs are just a more minor version of such things. They are the WILLFUL and CONSENTING voidance of free speech, to whatever the NDA is in regards.


    This guy broke his NDA and should have been fired. That said, I can’t hold it too much against him.

  23. 0
    NotReallyAnonymousTester says:
  24. 0
    Grombar ( User Karma: 0 ) says:

    Every tester, and aspiring tester, should have these two rules memorized on Day One:

    #1: Don’t break your NDA.

    #2: If you do break your NDA, don’t break it on the Internet. 

    Say what you want about free speech, but the reality is that it’s a sure-fire way to lose your job and quite possibly sink your career.

  25. 0
    Anonymous says:

    NDAs are designed to keep things like "new, unreleased projects" and other such secrets safe. NDAs, as proven before, can not keep people from working at a rival company or telling about past issues.

    A company is well in their right to fire a temp at any time or moment, yet this is clearly a huge shot in the foot by Microsoft, verifying Mr. Delaware’s claims and making it worse for Microsoft. I’m sure EASpouse (or her husband) would have had penalties up the yinyang for some silly interpretation of the NDA if they found out who she was in the first days of that story.

  26. 0
    zippy says:

    I hate to defend microcrap, but they do have a right to fire him if a NDA was signed. If NDA wasn’t signed, it just proves that microsoft knows their system are built like crap and aren’t doing anything about it.

    BTW, the last sentence of the article was just too funny. xD 

  27. 0
    GameDevMich says:

    I’m sorry, as much as I hate to side with MS, I have to echo

    Do I like the fact he blew the whistle? Hell yeah.  Do I blame MS for canning and possibly suing him, nope. I don’t like it, but I don’t blame them.

  28. 0
    oto kirlama says:

    Gallagher can araç kiralama say all he wants, but I strongly rent a car believe it’s due to his crappy leadership and E3 being a joke. ESA’s Board of Directors need to find a way to get out rent a car of this horrid contract with this Bush cronie before there’s no one left on the Board.

    Btw, I think Atari and Midway will drop out too, but mostly travesti because  these guys have done nothing ttnet vitamin or little and need to start saving costs.


    Now I don’t have to get off my ass for the important shit anymore!

    Whats next, ordering pizza from Xbox live?

    Wait… I think that sounds like a good idea.

    But I think voting should MAKE you get off your ass, and see outside or a second while you go vote. I mean, your picking the president of the United States of America for God’s Sake… least you can do is drive down there and punch out a card.


  29. 0
    Anonymous says:

    Believe it or not contract law does not agree with the statement "You sign ANY contract, you should abide by it."  Any attorney worth his salt can likely find at least half a dozen convincing arguments to get out of ANY contract.

  30. 0
    vellocett says:

    Sorry… you sign an NDA, you abide by it.  You sign ANY contract, you should abide by it.  Let’s just say that it doesn’t matter if this person thinks he did "the right thing".  I wouldn’t hire him for anything ever.

    Yes, the RROD issue was huge.  But do you seriously not think microsoft has tried to fix it?  They extended the warranty to 3 years, refunded peoples money who had to pay to get it repaired, etc.  I think you’d be hard pressed to find ANY other company in ANY other industry who’s done anything like that.

  31. 0
    King of Fiji says:

    Um I meant they were jerking people around with the whole shotty making of the Xboxes not with the sueing of someone over a NDA.

    Sueing the guy over the whole thing is something I don’t blame Microsoft for as like you said if one guy gets away with it then everyone can.  I’m just saying if someone is going to break it and risk getting sued by a major corporation it might as well be for a good reason.  :)

  32. 0
    Dog Welder ( User Karma: 0 ) says:

    Hardly.  If Microsoft DOESN’T pursue this guy for breaking the NDA, then what’s to stop other people from doing so?  It doesn’t mean Microsoft is jerking people around (though, they did in this case).  Most companies that work in product development have employees sign NDAs.  They can’t talk about the bad OR the good.

  33. 0
    Anonymous says:

    Get out of mommy’s basement, get a job, and work FOR customers for a few months, and you’ll find out that "the customer is always right" and "common sense" are not mutually inclusive.  

  34. 0
    Anonymous says:



    Costumer, noun, a person who collects, creates, or sells costumes for a variety of applications including halloween, movies, parties.


    So, yes the costumer is always right.  but the customer isnt.

  35. 0
    King of Fiji says:

    Yeah I’m not arguing with you but I’m saying if this guy wants to risk getting himself sued by Microsoft then by all means he has the right to potentially essentially ruin his career.

    What I’m getting at is that now that he broke his NDA lets just laugh at where this gravy train is going. 

    And once again I’m not disagreeing with you.

  36. 0
    JC says:

    Doing unethical things? The man was a damn game-tester, what the hell would MS be making him do that’s unethical? His job is to test quality, and thus he learned company secrets, and spilled on those secrets, there isn’t anything unethical except for the fact he broke his contract.

  37. 0
    King of Fiji says:

    I can understand why the guy would want to break the NDA and I can understand how technically he is boned in the sense that he might get his arse sued by Microsoft.


    But what a noble way of getting one’s ass sued then letting the truth be told.  Plus if what he said is true, under a NDA, and he is being sued by Microsoft, dosen’t that pretty much admit that Microsoft is jerking people around by the balls with this ring of death thing? 

  38. 0
    Haggard says:

    NDA’s are vital to keep the games industry in business. How would you like it if there were no suprises at E3 (well, ok, another conference), if there was nothing stopping companies from copying each other 2 years before games even come out. There are better examples but I’ve got a migraine -_-

  39. 0
    C. Aaron Browbowski Jr. says:

    You know they say "honesty is the best policy," and he the man’s got balls for telling the truth, this is why i’m glad i don’t own a shitbox 3-shitty’d! sadly, its american made the shitbox, made in america used to mean something… now…. the first shitbox was ok, but seriously, thats a load of crap to have your hard earned $$$$ go down the toilet bowl! (btw i am not a ps3 fanboi, i am a filthy hairy-ass redneck that don’t hate… i just hate assholes )

    Jesus Jack Jones Thompson told me to do it!

  40. 0
    Alteffor says:

    Not arguing that point. The RROD thing was a huge problem and should have been dealt with pre-release. However, the guy broke his contract. Regardless of Microsoft’s error, he did sign something saying he wouldn’t talk, and Microsoft has the right to defend itself against that violation of contract.

  41. 0
    Vake ( User Karma: 0 ) says:

     With all the fights about the First Amendment in the Federal Government, it’s sad to see a losing battle on the corporate front. It’s time we start fighting back.


  42. 0
    King of Fiji says:

    Thats very nice and all but if Microsoft is deliberately fudging over their customers with products they know are shotty then I’m pretty sure thats the opposite of what a comapny who would want to keep its customers happy would do.


  43. 0
    Alex ( User Karma: 0 ) says:

     @Anon stop fucking with my emotions, and grow up! On topic no he really should not have broke the NDA but I also can’t blame him in a way, because MS runs a shitty quality control dept. and they need to be punished for it!

  44. 0
    Deep Thorn ( User Karma: 0 ) says:

    Yeah, if he was smart he would do what the GameSpot employees do, go to forums and articles and post the truth in the comments in those locations.  Say this is what is going on, and the consumers should know about it.

  45. 0
    Anonymous says:

    Consider this.  The guy who spoke out was a temp employee who was only there for testing.  What was his technical background.  Did he work directly with the production line?  What credentials does he have to complain about the way it is built.  Yes, it is an issue.  "shoddy production work" the reason?  It is unlikely he can prove that.  That is about like if someone got a job at NASA cleaning their bathrooms, then claiming that the shuttle explosion was completely the fault of the shuttle pilot.  If this guy was one of the people ON the production team then he would have some ground to stand on.  Playing the 360 for a living doesn’t give him the knowledge to make claims like this

  46. 0
    Zero Beat ( User Karma: 0 ) says:

    I’m not sure, but I think there is a law that allows you to break a contract if the contract forces you to do or keep quiet about unethical things.  If the contract asks you to do or keep quiet about something illegal, then you can break it, but unethical… That’s a doozy of a legal question.

  47. 0
    Anonymous says:

    They wouldn’t need to defend their business if they had conducted their business properly in the first place.


    An individual should not be punished for doing the right thing, or speaking the truth.

  48. 0
    Alteffor says:

    Sucks for the guy but if you’re under NDA then you’re under NDA, and shouldn’t go blabbing to people. Microsoft has the right to defend it’s business.

  49. 0
    Dog Welder ( User Karma: 0 ) says:

    Not if the company in question is fixing the problem on their own dime.

    Last I checked Microsoft lost well over $1 billion on this problem.

  50. 0
    Anonymous says:


    (a) In General.–The Act (15 U.S.C. 2051 et seq.), as amended by section 

    206 of this Act, is further amended by adding at the end the following: 

    whistleblower protection 

    Sec. 40. (a) No manufacturer, private labeler, distributor, or retailer, may 

    discharge an employee or otherwise discriminate against an employee 

    with respect to compensation, terms, conditions, or privileges of 

    employment because the employee, whether at the employee’s initiative 

    or in the ordinary course of the employee’s duties (or any person acting 

    pursuant to a request of the employee)– 

    (1) provided, caused to be provided, or is about to provide or cause to be 

    provided to the employer, the Federal Government, or the attorney 

    general of a State information relating to any violation of, or any act or 

    omission the employee reasonably believes to be a violation of any 

    provision of this Act or any other Act enforced by the Commission, or 

    any order, rule, regulation, standard, or ban under any such Acts; 

    Its always good to read up on the law before you blather on about it.  He may have protection, Microsoft is aware of the content of his interview, which is why they are firing him.  The law doesn’t say you have to be the first.  Besides what lawyer (besides Jack Thompson) would only call one witness when many were around to expose shady business by a company.  A NDA doesn’t trump federal law.  
  51. 0
    nighstalker160 says:

    You’re most likely right, although their may be some wiggle in any state whistle-blower statute that might exist as opposed to the federal statute.

    Microsoft may, in fact, have done something illegal with regard to releasing a clearly defective product.  In every state there is an "implied warranty of merchantability" that the item you sell will work as advertised.  If MS actually believed that 6 out of 10 360’s had a high probability of failure then releasing the console may constitute a breach of that warranty which would violate laws against unconscionable business practices which can result in liability to each and every purchaser.

    That’s why I think it would be profoundly stupid of MS to sue this guy. 

    1) It could be viewed as a tactic admission of his allegations

    2) The discovery process would reveal any unconscionable practices

    3) MS would be facing massive lawsuits from consumers

    Even if those consumer suits wouldn’t succeed (and they likely wouldn’t) you’re still talking about a long, expensive litigation process and a massive PR hit.

    In fact, by the time it all played out MS would likely be preparing to release its NEXT console.  So at the height of hearing about the 360’s problems MS would also be trying to say "But buy our new console"

    It isn’t so much that MS would actually LOSE those cases, but they’d be a massive headache at a very bad time.


  52. 0
    nighstalker160 says:

    You’re quoting a Federal Law.  USC stands for UNITED STATES CODE.

    What about any applicable state laws?  (note since MS does business in all 50 states you need to research ALL 50 states’ laws).

    I don’t have the time to do that and I doubt you do either.  I wasn’t "blathering on"

  53. 0
    Karsten ( User Karma: 0 ) says:

    Isn’t there some sort of whistleblower laws he can use in his defense? Or do that only work if he had worked for the government? Microsoft does have a responsibility for shipping finished or nearly finished products on the market.
    If they don’t we have consumer organisations to take up the (good) fight.

    I don’t think anyone isn’t aware of the RROD with Xbox 360; it is hardly news. This guy just confirms what we already expected: Microsoft only obligation seem to be for the botton line – not for their loyal customers.







  54. 0
    Anonymous ( User Karma: 0 ) says:

    Tell that to EA, Microsoft, and the oil companies…  not for oil when it comes to the oil companies though, it is their pattens they own for battery and hydrogen technology…  (ever wonder why we are going to hydrogen instead of battery, its because oil companies are in bed to deep with car makers and government that they found a way to keep ripping us off, and they are going for it…)

  55. 0
    Chadius ( User Karma: 0 ) says:

    Poor guy. He loved his job, but the truth was more important. All this firing will do is give the report more publicity. GJ MS.


    As for Delaware, I’m sure he can find game testing jobs elsewhere. Hopefully somewhere that doesn’t try to hide ridiculous "secrets."

  56. 0
    Anonymous says:

    You are exactly correct.

    Especially contracted testers… low of the low rung. They know nothing about production practices or standards…hell, they hardly know anything about the games they are working on beyond playing it.

    I would put money on the fact that this guy knew that he was going to get fired for saying what he did. They have fired many, many more people for much less.

  57. 0
    Anonymous says:

    As someone who went through 3 360s, I’m glad this guy said something.  He knew he’d get fired & even said in the article that he just wanted MS to do the right thing.  I gave up on the 360, and though I miss some great games, I’ll never go through this kind of customer abuse again.  Shareholders are more important to please than consumers, apparently.  I’m literally shocked by how many people just continue to send their systems back and take another.  Truly sad IMO.

  58. 0
    Krono says:

    Now that the spam’s been cleared away…

    Microsoft and it’s contractors were well within their rights to can this guy for speaking to the press. You can’t fault them for that, it’s kinda standard procedure for potential breach of contract like this. This guy isn’t an idiot some people here want to make him out to be however, as he cleared expected that this was the likely outcome.

    I doubt they’re going to sue him though. There’s just not anything they can really recoup, certainly not that will pay for their legal costs. Hell, it might have even been a bad idea for the HR rep at his firing to suggest he might be in legal trouble, as that could be construded as a threat on their that could cause problems for them on down the line.


  59. 0
    Anonymous says:

    Because someone is against one console doesn’t make them a fanboy for any other console.  If Microsoft had a properly functioning piece of hardware it wouldn’t get near about the negative critcism it gets.  Some would complain about having to pay to play online (Which, with the amount of in-game ads and other people offering comparable services for free, is a very valid point) but the system has really hurt the image of Microsoft on the gaming front.

  60. 0
    Werrick says:

    Isn’t this classic whistleblowing, though? Isn’t this guy protected? It seems to me that the whistle-blower rules and laws exist specifically to protect people from their employers when they blow the whistle on bad business behaviour and various forms of malfeasance, do they not?

  61. 0
    Eville1NSI ( User Karma: 0 ) says:

    Whistle Blower statutes do not apply. He’s not going to the government with information about a company killing people. He’s commenting on something that’s already been in popular culture for over three years now. All VMC and contractors with Microsoft in any capacity sign an NDA. I did. I’ve worked in the same department as this guy even. They’re strict. No cell phones or book bags in the testing rooms. No talking about hardware compatibility shifts or games you are testing outside of work. Hell, some game testing won’t let you mention it outside of the group you’re with at all.

  62. 0
    nighstalker160 says:

    I seriously doubt MS is going to sue this guy.  If they do then everything he said is going to come out in open court which may open up MS to massive litigation from their consumer base.

    Not to mention that their are "whistle-blower protection" statutes that may protect this guy.

    They can certainly terminate him but it would be a PR (and potentially financial) disaster for them to go to court against this guy.

  63. 0

    Funny enough, of the 4 360s I’ve sent back (the 4th being 2 days ago), only one had RRoD.  The first two had bad DVD drives that regularly failed during gameplay and the last one I sent back wouldn’t read DVDs at all unless you hit the top of the box while it was closing.  DVD issues aren’t covered by the extended warranty but since this one died within 90 days of receiving the last replacement (which was because of RRoD), it was still covered.  Ridiculous.

  64. 0



    -Remember kids, personal responsibility is for losers! For information on games and psychology, look up: Jonathan Freedman(2002)Block & Crain(2007) Just to name a few…

  65. 0
    Anonymous says:

    It’s Microsoft’s right to fire this guy.

    I personally trust corporations more than authors who go out and look for problems to write a book about. These “journalists” usually are pretty lax in their own standards on sources and quite often make things up. I’m not saying this is the case here, but I prefer to play devil’s advocate when it come to bashing companies.

  66. 0
    Krono says:

    So you trust a corporation that tried for a long time to hide or ignore these problems, over a journalist that’s written a couple of books on Microsoft’s consoles, and has been working in journalism covering tech stuff for 20 years?


  67. 0
    BunchaKneejerks says:

    I don’t trust any of those kind of books talking about 360 repair, but I have heard mostly good things about kits that have replacement bolts and thermal paste for the two heatsinks. I intend to try one out in the coming weeks.

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