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XBox Owner Sues Microsoft

Zonk posted more than 9 years ago | from the one-year-isn't-very-long dept.

XBox (Games) 935

drusoicy writes "Reuters is reporting that Sean Burke has filed suit against Microsoft because his XBox system stopped reading discs (games or otherwise) after less than one year of use. Many XBox owners can relate, as XBox hard drives are known for crashing. 'The defective XBox's stop working after minimal usage, after unreasonably, unconscionably, unusually and unexpectedly short amounts of time,' the lawsuit said. The suit will probably become class action, and seeks to represent anyone who has purchased an XBOX since the 2001 launch."

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935 comments

Why can't he just return it? (3, Insightful)

Anonymous Coward | more than 9 years ago | (#10663922)

Does the world really need another lawsuit?

Re:Why can't he just return it? (3, Insightful)

David Horn (772985) | more than 9 years ago | (#10663948)

Precisely - what's wrong with taking it back to the shop and asking for a new one? This is just someone out to try to make cash from MS and I don't think it should have been posted on Slashdot, as it will no doubt aid their cause.

Re:Why can't he just return it? (5, Insightful)

McKinney83 (687821) | more than 9 years ago | (#10663979)

Do you think a store would take a product back after a year?
And give you a replacement?

Re:Why can't he just return it? (1, Insightful)

Anonymous Coward | more than 9 years ago | (#10664020)

The blurb said LESS THAN A YEAR. If the Xbox comes with a 1 year warrenty then yes, you send it back for repair!

Re:Why can't he just return it? (1, Insightful)

Anonymous Coward | more than 9 years ago | (#10664031)

Why? So it will break again within a year.. after your warranty expires?

Re:Why can't he just return it? (0)

Anonymous Coward | more than 9 years ago | (#10664028)

It stopped working in under a year's time. And, it really depends on the store and their policies.

Re:Why can't he just return it? (1)

hattig (47930) | more than 9 years ago | (#10664064)

Well even if the store warranty wasn't a year long, surely Microsoft's is?

Re:Why can't he just return it? (4, Informative)

MMaestro (585010) | more than 9 years ago | (#10664142)

If you got the extended warranty, yes a store will take it back AND give you a replacement. (Though it'll be a 'refurbished' one.)

Re:Why can't he just return it? (5, Insightful)

Anonymous Coward | more than 9 years ago | (#10663950)

Does the world really need another manufacturer producing bad goods?

Re:Why can't he just return it? (2, Insightful)

TheRealMindChild (743925) | more than 9 years ago | (#10663951)

You miss the point. You give them an inch, they will take a mile. Then a lightyear. Its less about getting money/new xbox and more about "quit selling garage"

Selling Garage??? (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#10664047)

Try the preview option in the future. Dumbass.

Re:Why can't he just return it? (2, Insightful)

tenasius (707404) | more than 9 years ago | (#10663981)

It's been over a year. The store is not liable, the manufacturer is.

Not my fault he's slow (1, Informative)

Anonymous Coward | more than 9 years ago | (#10664002)

"his XBox system stopped reading discs (games or otherwise) after less than one year of use"

Re:Why can't he just return it? (5, Insightful)

badriram (699489) | more than 9 years ago | (#10663986)

No.... This happened to me to, barely a year after my XBOX started giving me the disc is dirty erorrs on new video games. What what pissed me offf the most was that there were a ton of people this happened to, and MS charges a 130$ to fix a problem that really is a hardware fault.

This is not one of those McDonalds Hot coffee lawsuits

Re:Why can't he just return it? (1, Interesting)

mOoZik (698544) | more than 9 years ago | (#10664067)

So what? Tough luck. If it costs that much, you either fix it or STFU about it. If that many units were actually defective, a suit would already have been brought, but this is a very small percentage of the overall users of the product. This is just another anti-MS person trying to cash in and bring the company down. *rolls eyes*

Re:Why can't he just return it? (2, Informative)

CommieLib (468883) | more than 9 years ago | (#10664103)

I had some problems with my XBox and a cleaning disc really helped. I had no idea that such a thing even existed for DVD players.

Having said that, XBox won't play a lot of the Netflix discs, presumably because of their wear and tear.

Re:Why can't he just return it? (0)

Qrlx (258924) | more than 9 years ago | (#10664146)

This is not one of those McDonalds Hot coffee lawsuits

You mean your XBox didn't leak into your lap, causing third degree burns to your genitals? Yeah, having to get plastic surgery and running up thousands of dollars in medical bills doesn't hold a candle to the pain and suffering you must have endured, shelling out $130 to fix your toy.

I hereby name this the official Slashdot McDonalds Hot Coffee Lawsuit Thread Of October 29, 2004. Dogpile!!!

Re:Why can't he just return it? (0)

Anonymous Coward | more than 9 years ago | (#10664157)

Actually it is one of those McDonalds Hot coffee lawsuits!

Re:Why can't he just return it? (0)

Anonymous Coward | more than 9 years ago | (#10663993)

the world not, but Microsoft yes. The more the better.

Re:Why can't he just return it? (1)

views (818215) | more than 9 years ago | (#10664072)

I expect thing to work. I don't expect to change my TV every year or my DVD. And if someting does go wrong the manufacturer does fixes it. Cheers

Re:Why can't he just return it? (0)

Anonymous Coward | more than 9 years ago | (#10664113)

Yes ...

Oh! you wanted reasons too.

PS2 Class-action (5, Insightful)

Liselle (684663) | more than 9 years ago | (#10663927)

I didn't think history would repeat itself so soon. How many people remember the class-action lawsuit against Sony? They had the infamous "Disk Read Error" on the 1st generation PS2s. If I recall correctly, Sony has to repair or replace the affected systems, even if they are out of warranty (I'm sure someone will correct me if I am mistaken).

Reputable links are pretty sparse, but a quick Google search revealed a FAQ [ign.com] that has surfaced in several places. I usually despise class-action suits, they tend to only make lawyers rich, but as the owner of a failed 1st gen PS2, I have to say this might be a worthy use of it. IANAL, etc.

Re:PS2 Class-action (5, Interesting)

destiney (149922) | more than 9 years ago | (#10664009)


I took home 3 PS2s before getting one that worked. And even it is so ultra-sensitive to tiny amounts of household dust that I have to clean it 3 or 4 times a year for it to work.

I remember the old days with my Atari 2600. That thing took a beating and never stopped working.

Re:PS2 Class-action (1)

ivan256 (17499) | more than 9 years ago | (#10664114)

I have to be one of the messiest people alive... I never dust. It's obscene. But my PS2 that I got on release day still works great after thousands of hours of play time. I do have to run the lens cleaner disc through it every 6 months or so, but so what? You had to clean the Atari 2600 and original NES too. Don't you remember those cleaning kits they used to have? The cartridge wiggle? I don't think the good old days were as good as you remember.

Take care of your stuff. If you've gone through four PS2s, you're doing something wrong.

Re:PS2 Class-action (2, Interesting)

LanMan04 (790429) | more than 9 years ago | (#10664109)

I've had my 1st Generation PS2 repaired twice (by Sony via mail, for free). The neat thing is that if any of your games are damaged by the PS2 (I got some beautiful circular scratches ground into the discs, making them very unplayable even on OK PS2s), they cut you a check for the ORIGINAL retail price of all the games. Pretty good customer service, or fear of being sued again.

Re:PS2 Class-action (1)

hh1000 (303370) | more than 9 years ago | (#10664151)

I had expected lower quality from Microsoft, so it doesn't surprise me.

The irony is that Sony has somehow portrayed itself as a quality company.

Sony should stand behind it's defective product. Even the people at the Sony store admit the failure rate is 40%!!!! on PS2.

But you have to give the people at Electronics Boutique credit for smarts. They took a defective product and turned it into a revenue stream by offering an extended warranty plan - so when it breaks you can get a refurbished one.

SHAME on you SONY!

What is the Warranty Period? (5, Insightful)

stecoop (759508) | more than 9 years ago | (#10663928)

Rest assured that MS doesn't want their Xbox to die after a length of time. As /. has speculated in the past, MS is selling them at a loss. Supposedly, the money is in the support services and gaming. I bet it will get repaired if it is wihtin the warranty period.

Also, MS has rolled out the media center for Xbox. I speculate that MS is trying to enter the Movies Over IP (moops from Seinfeld ;). I thought that Xbox needed a TV turner but now I believe that the new market is going to be TCP/IP movie center rather than Rf coax.

Re:What is the Warranty Period? (1)

TheRealMindChild (743925) | more than 9 years ago | (#10664003)

Maybe I am just being silly... but why would an Xbox need a TV tuner when its hooked up to a... TV. Im sure the TV works just fine with what its got

Re:What is the Warranty Period? (2, Insightful)

erick99 (743982) | more than 9 years ago | (#10664043)

I agree. Microsoft has typically been very easy to deal with on the hardware side of their business. I have experienced this as a consumer and during 19 years working at MS authorized dealers. For example, if you have a defective mouse, a phone call generally yields a new mouse immediately shipped off to you. I know the cost is low on a mouse, but, it is indicative of my experience. I wonder what happened in the case of this xBox that kept the owner from working with Microsoft on a resolution - the article doesn't say either way.

Re:What is the Warranty Period? (1)

strictfoo (805322) | more than 9 years ago | (#10664053)

The warranty period for the Xbox and PS2 (and maybe the Gamecube?) is 90 days parts and labor. Other small electronics have this same warranty period.

Many TVs also have 90 day labor warranties (although they include 1 year parts... but the labor is the expensive part).

Re:What is the Warranty Period? (1)

Kosi (589267) | more than 9 years ago | (#10664093)

Geez, every time I stumble across such stuff, I'm happy to live in europe, our law implies a warranty of 24 months length.

Re:What is the Warranty Period? (2, Informative)

iocat (572367) | more than 9 years ago | (#10664084)

Xbox warranty is only 90 days. Suck0rz. But they do offer an extended two-year one, which you have to buy at the time of purchase I guess. I don't know. I never have had a problem with any hardware, even my 9/9/95 PSX. -Chris

FIRST POST (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#10663934)

Victory is mine!!!

Re:FIRST POST (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#10664048)

What a clown! I for one am mature enough not to race on to Slashdot only have a first post. I am here to stay on the leading edge of technology, and maybe read the latest MS bashing.

P.S. Red Hat ROX

representation? (3, Funny)

edsarkiss (755418) | more than 9 years ago | (#10663940)

'...unreasonably, unconscionably, unusually and unexpectedly short amounts of time,'

is he being represented by Jackie Childs?

Re:representation? (1)

cuzality (696718) | more than 9 years ago | (#10664038)

"Your honor, the horrible performance of this Xbox is an infringement on my client's constitutional rights. It's outrageous, egregious, preposterous."

What about Sony? (3, Insightful)

DaveCBio (659840) | more than 9 years ago | (#10663941)

Bitch all you want about the Xbox, but the PS2 is just as bad and the older models were worse. Between crapped out pickups and fried power supplies quite few people are on their second or third PS2.

Re:What about Sony? (1)

argent (18001) | more than 9 years ago | (#10664025)

The failure rate for hard drives, particularly in a machine that's liely to be perched precariously on a coffee table in a den full of rowdy teenagers, is far higher than for optical drives. Microsoft should have made provision for replacing the drives.

Re:What about Sony? (1)

DaveCBio (659840) | more than 9 years ago | (#10664076)

Warranty does not and should not cover accidents. Lot's of electronic only have 90 day warranties it's a fact of life if you want lower prices.

Re:What about Sony? (0)

Anonymous Coward | more than 9 years ago | (#10664152)

And there are those of use that have had a PS2 since 2001 that still works fine. People tend to exagerate failures and ignore success. "Mine died after 3 months, so everyone elses must be crap too." is a bad way of looking that things.

errr. Windows? (-1, Flamebait)

Anonymous Coward | more than 9 years ago | (#10663942)

How about a class action suing M$ for Windoze non-performance?

ok? (1, Insightful)

Anonymous Coward | more than 9 years ago | (#10663946)

I don't know where to start...

ALL pieces of hardware are known to stop working for some amount of people. That's why people get WARRANTIES. The most common reason for things to stop working is due to misuse... e.g. putting it on the carpet so it collects dust.

Why do we have a slashdot story on a piece of hardware that stopped working? and why XBox (rhetorical question)? why not apple? i'm sure a fair amount of macs stop working within a year as well.

My computer stopped working after 6 months... what did I do? I sent it in to get it repaired... for FREE because of a warranty (i'm guessing XBox has a 1 year warranty, at least... but i don't know).

It made me angry that it was such an inconvenience to send it in, but you don't see me filing a freaking lawsuit about it. let alone class action.

Re:ok? (0, Troll)

badmanone (806884) | more than 9 years ago | (#10664069)

Actually I'm pretty sure that the standard MS warranty is something insanely short, like 3 months or something. You could pay to get it longer, but I think even then they charge you an arm and a leg. You're better off buying a PRP or something similar from the place you got it.

Re:ok? (1)

EastCoastSurfer (310758) | more than 9 years ago | (#10664153)

putting it on the carpet so it collects dust.

So where else do you put a game console that is supposed to hook to your TV? Do I need to build a clean room data center just to play video games now?

Even xboxes/ps2 placed on an entertainment rack still get dusty. Every other device on my entertainment rack seems to work fine, why should a game device be any different?

Xbox 2 probably will use flash storage (2, Interesting)

Samir Gupta (623651) | more than 9 years ago | (#10663947)

Crashing is probably the precise reason why MS is rumored to be not having a HD in Xbox2/Xenon -- putting a hard drive in a console used by kids and likely to be picked up, moved, jolted, dropped, etc. is a bad idea.

IANAL (-1, Troll)

Anonymous Coward | more than 9 years ago | (#10663952)

I ANAL AND YOU ANAL, SO LET'S GET TOGETHER BIG BOY!!!

-CmdrTaco

*_g_o_a_t_s_e_x_*_g_o_a_t_s_e_x_*_g_o_a_t_s_e_x_*_
g_______________________________________________g_ _
o_/_____\_____________\____________/____\_______o_ _
a|_______|_____________\__________|______|______a_ _
t|_______`._____________|_________|_______:_____t_ _
s`________|_____________|________\|_______|_____s_ _
e_\_______|_/_______/__\\\___--___\\_______:____e_ _
x__\______\/____--~~__________~--__|_\_____|____x_ _
*___\______\_-~____________________~-_\____|____*_ _
g____\______\_________.--------.______\|___|____g_ _
o______\_____\______//_________(_(__>__\___|____o_ _
a_______\___.__C____)_________(_(____>__|__/____a_ _
t_______/\_|___C_____)/INSERT\_(_____>__|_/_____t_ _
s______/_/\|___C_____)__COCK_|__(___>___/__\____s_ _
e_____|___(____C_____)\_HERE_/__//__/_/_____\___e_ _
x_____|____\__|_____\\_________//_(__/_______|__x_ _
*____|_\____\____)___`----___--'_____________|__*_ _
g____|__\______________\_______/____________/_|_g_ _
o___|______________/____|_____|__\____________|_o_ _
a___|_____________|____/_______\__\___________|_a_ _
t___|__________/_/____|_________|__\___________|t_ _
s___|_________/_/______\__/\___/____|__________|s_ _
e__|_________/_/________|____|_______|_________|e_ _
x__|__________|_________|____|_______|_________|x_ _
*_g_o_a_t_s_e_x_*_g_o_a_t_s_e_x_*_g_o_a_t_s_e_x_*_


Important Stuff: Please try to keep posts on topic. Try to reply to other people's comments instead of starting new threads. Read other people's messages before posting your own to avoid simply duplicating what has already been said. Use a clear subject that describes what your message is about. Offtopic, Inflammatory, Inappropriate, Illegal, or Offensive comments might be moderated. (You can read everything, even moderated posts, by adjusting your threshold on the User Preferences Page) If you want replies to your comments sent to you, consider logging in or creating an account.

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Important Stuff: Please try to keep posts on topic. Try to reply to other people's comments instead of starting new threads. Read other people's messages before posting your own to avoid simply duplicating what has already been said. Use a clear subject that describes what your message is about. Offtopic, Inflammatory, Inappropriate, Illegal, or Offensive comments might be moderated. (You can read everything, even moderated posts, by adjusting your threshold on the User Preferences Page) If you want replies to your comments sent to you, consider logging in or creating an account.

Class action, huh? (0, Troll)

slars (410355) | more than 9 years ago | (#10663954)

Damn! Makes me wish I woulda bought one!

Re:Class action, huh? (0, Troll)

slars (410355) | more than 9 years ago | (#10664034)

I was hoping for a "funny +1", but got a "troll -1" - man, you guys need to lighten up! Take a joke already!

Re:Class action, huh? (-1, Flamebait)

slars (410355) | more than 9 years ago | (#10664140)

OK, I've got "Troll" out of the way (twice, I might add) and "Off Topic". Two down - two to go. Hey, mod this one "Flame Bait" - you've got mod points - use them up! (Did I succeed at being flame bait?)

Lighten up - it's Friday!

Hrm.... (0)

Anonymous Coward | more than 9 years ago | (#10663955)

Does this mean that if they win with the lawsuit Microsoft would have to promise not to do it anymore?

NEWSFLASH (1, Informative)

Anonymous Coward | more than 9 years ago | (#10663957)

Microsoft has been fixing these problems even if the XBox is outside of the warranty period. I guess Sean Burke was too stupid to realize that MS has a suppost number.

Why does everyone pick on MS (-1, Redundant)

Anonymous Coward | more than 9 years ago | (#10663958)

X-box is awesome!1!!!1

This lawsuit (5, Funny)

macshune (628296) | more than 9 years ago | (#10663960)

Is like shooting a .22 at Godzilla.

Re:This lawsuit (-1, Offtopic)

Anonymous Coward | more than 9 years ago | (#10664050)

don't undersetimate a .22 i once killed a full grown hog with a .22 once

BBQ pork prime rib is some tasty vittles...

Warranty? (5, Interesting)

LEgregius (550408) | more than 9 years ago | (#10663964)

The article says nothing about the warranty on the xBox and if Microsoft is willing to repair or replace the unit. What is the warranty?

Re:Warranty? (1)

macaulay805 (823467) | more than 9 years ago | (#10664005)

When I bought my xbox, there was a warranty notice in the package that stated they would only support the xbox for 90 days from purchase.

Mine still works... (0)

Anonymous Coward | more than 9 years ago | (#10663973)

Isn't the xbox still under warranty after one year of use? I have owned an xbox since the beginning of 2001 and it has never had a problem. I personally think this is just some money grubbing in action.

less than a year? Guarantee? (0, Flamebait)

dindi (78034) | more than 9 years ago | (#10663988)

Come on, you have guarantee don't you ?
Walk in and have it changed....
lawsuit for hardware failure? What the hell is this ?

Hmm ... I think I should sue M$, I chipped my box, and now it reads pirated copies violating a bunch of laws ...

STOP BEING DAMN STUPID !

Re:less than a year? Guarantee? - Only 90 Days! (0)

Anonymous Coward | more than 9 years ago | (#10664094)

I think the idea in this case is that after paying $300 (at launch) for the system, a reasonable expectation is that it would last more than a year before malfunctioning under normal use. The warranty that MS provides for the XBox system is only 90 days, without having to pay extra for a "service contract/extended warranty/etc" through whichever store you bought your system from. Having worked in a store for a rather large video game chain, I can speak from experience that roughly 10% of all new system purchases spend the extra money to get the extended in-store warranty.

Warranty (1, Insightful)

bobbis.u (703273) | more than 9 years ago | (#10663990)

Surely X-Boxes are covered by at least a one year warranty? Couldn't this just be a warranty claim? Or is he going to claim "mental anguish" at the loss of his gaming time in the meantime?

I dislike MS as much as the next Slashdotter, but suing them because his particular X-Box broke seems ridiculous. I suppose people could claim that they have suffered with the loss of their saved games if the HD failed, but that isn't the case with this guy.

Oh, GREAT. (1)

Dorsai65 (804760) | more than 9 years ago | (#10663992)

Even as this story is being read, MS is jacking the price of software up another $100 to recoup the losses they anticipate from this.

If there is such a problem with devices (1)

jaguar5150 (822144) | more than 9 years ago | (#10663997)

perhaps M$ should consider a voluntary recall. This would save a lot of money, would it not? (lawyer fees, etc, etc.) Possibly OT - I have a 1st gen PS2 with that problem starting to appear, and if someone has any insight on whether or not I can still have something done about fixing this at Sony's cost or am I out of luck at this point?

Re:If there is such a problem with devices (1)

Lehk228 (705449) | more than 9 years ago | (#10664079)

I beleive Sony's response was the same as their response to overheating issues with the original playstation, repeated denials and refusal to do warantee repairs at their expense.

bad news (1, Funny)

Anonymous Coward | more than 9 years ago | (#10663999)

this makes my ancient Nintendo64 game cartrages sound sweet...

don't laugh, mine still works :^)

PS2 owners should follow suit... (2, Informative)

kasek (514492) | more than 9 years ago | (#10664001)

if this is successful, PS2 owners should pursue similiar damages against Sony. My PS2 stopped reading older games and some DVD movies. Having read about problems like this before, i knew what needed to be done. Fix it myself, since Sony won't recognize it as a defect in the system and repair it for you. Unless you want to shell out a ton of dough for shipping and repair costs, which almost cost as much as a new PS2 would. It is a common issue with the PS2s, and its simple to fix. Yet sony wont accept the responsibility for it.

Numbers? (5, Interesting)

Anonymous Coward | more than 9 years ago | (#10664004)

I work in retail, for a company that sells both x-boxes and PS2s. I know there are a lot more PS2s than X-boxes, but I probably see 20 PS2s to every X-Box being returned due to being defective, and we honor manufactuer's warranty. I know that PS2s have had cooling problems in the past too, but I've never heard anything about a specific reliability issue with X-Boxes. Basically, are there any numbers or points that show otherwise?

Have 4 Xboxes...some drives are just crap (5, Informative)

FerretFrottage (714136) | more than 9 years ago | (#10664018)

Among the first things an xbox modder does is check out the dvd drive. Generally speaking, the phillips drives are the worse. The thompson drives can be okay, but the samsung drives are considered to be the best because they will allow for the widest reading range of media (cd-r, dc-rw, dvd-r, etc.)

In my experiences, the phillips drives are the hardest to read with, even just slightly scratched or dirty dvds give it problems...the thompson and samsung drives are able to read the same discs with no problems most of the time (some discs are just play unreadble). My thompson drive will read cd-rw disks but only from select media vendors, the samsung drive seems to read everything (hence the reason I've upgrade the 2 phillips drives with samsung drives).

Re:Have 4 Xboxes...some drives are just crap (1)

bandrzej (688764) | more than 9 years ago | (#10664134)

I'm in the same Xbox modding boat with 2 Xboxs. The DVD drives in these things *DO* matter. There is a mod to put your own DVD-ROM drive in, but if you have a samsung, you should have no problems. In addition, Xbox's only have a shitty warranty of only 90 days. You crack it open, warranty is gone. Why be an idiot and sue when you can just fix it yourself?

Xbox Power supply died after 8 months :( (0)

Anonymous Coward | more than 9 years ago | (#10664022)

The Power supply is also a well-known issue on early boxen

Re:Xbox Power supply died after 8 months :( (0)

mikael (484) | more than 9 years ago | (#10664099)

The Power supply is also a well-known issue on early boxen

Shouldn't that be xboxen?

At least his didn't catch fire!! (5, Interesting)

gosand (234100) | more than 9 years ago | (#10664026)

A friend had his son's Xbox catch fire. I don't know if there was actual flame, but there was snapping and smoke. Of course, calling MS support, he found out that the warranty was voided because he opened it up to see what might have burned up. So he is basically SOL, and has to buy a new one if he and his son want to make use of the games they bought. He can certainly afford it, and he actually bought another one the next day. But he checked on the net and I guess this wasn't the first time this has happened. I think the PS blew out or something. Kind of scary.

unconscionably...? (4, Funny)

cymraeg (578870) | more than 9 years ago | (#10664035)

i return my hardware when it develops a conscience.

the last thing i want is my xbox wondering about anything but its own meagre existence.

And if they win! (2, Insightful)

Ambient_Developer (825456) | more than 9 years ago | (#10664041)

We might get a whole 18 dollars back. While the lawers get millions.

Re:And if they win! (5, Insightful)

ackthpt (218170) | more than 9 years ago | (#10664095)

We might get a whole 18 dollars back. While the lawers get millions.

Not likely. Microsoft Home Entertainment Division will probably offer coupons for exchanges and a free game or something. Once they've got you hooked, you think they're going to let you get away?

Another reason to be glad I didn't get one (1)

ackthpt (218170) | more than 9 years ago | (#10664042)

Another reason to be glad I didn't get one.

Also, this is the kind of pre-Christmas advertising lots of money can't downplay.

"mom, my xbox brokeded... *sniffle* I can't kill people in games now. *whimper*"
"WELL! We'll just sue that Mr. Gates, how dare his company sell a shoddy product!"

DVD Drives failing is not microsoft fault (1)

mzkhadir (693946) | more than 9 years ago | (#10664060)

DVD drives are thompsons drive which are prone to failing, I got a warranty on my xbox, lasted me one year and got it replaced at best buy.

Anti-Piracy measure. (1)

Nom du Keyboard (633989) | more than 9 years ago | (#10664063)

And this is how Microsoft has prevented him from running pirated games and/or Linux on his XBox. The MTBF of the hard drive probably closely matches the point where the average XBox owner has reached their limit of pre-packaged games for his/her unit and is looking to do more with it.

Fortunately, it still works as a door-stop.

Or maybe it's just a forced upgrade. Nah, Microsoft would never do anything like that.

Who didn't see this coming? (0, Flamebait)

Metal Remains (770902) | more than 9 years ago | (#10664066)

I like my 3 xbox systems, but this has been a problem from day one. MS will not recall any devices which have the bad drives. They charge shipping to get a replacement or to make repairs to your xbox. If you call the phone hotline they play dumb and make you jump thru 10 hoops until they finally admit that the drive has gone bad, and even then they still blame the owner of the machine. This is something MS failed to address and they continue to sweep under the rug in hopes it will just go away. Good Luck Sean.

maybe.... (1, Flamebait)

commo1 (709770) | more than 9 years ago | (#10664068)

Maybe Microsoft should go back to what it does best: Selling reliable, affordable and cutting-edge software. This hardware thing just isn't panning out as planned. Locution: The act of transforming Captain Picard into Locutus.

Plain as a day... (2, Insightful)

Andr0s (824479) | more than 9 years ago | (#10664082)

..is that someone is hogging for publicity. Is there technical grounds for this lawsuit? No. warranty should damn well cover the excuse for the lawsuit, malfunction in no way threatened user's well-being, health or personal safety (withdrawal shakes aside) and compared to the number of XBox systems on the market, it's easy to claim that this is 'acceptable malfunction rate'.

IMO, this guy is trying to get a spotlight, as well as maybe a bit of money for a settlement - perhaps Micro$oft would be happier to pay him off quickly than to get some (more) negative publicity. Then again, with all the negative stuff about M$ circulating these days, what's another minor hardware-related issue? They'll just blame whoever manufactured the drives.

He gets my support (3, Informative)

Vampyre_Dark (630787) | more than 9 years ago | (#10664091)

"The Thomspon Drive" is well known to XBox players. They break down after a few months of use, and microsoft has pretty much thrown their hands up in the air at the whole situation. In all these years they have never done or said anything about it. The only thing you can do is send it in for repair, at which they charge you for it full price as if it was your own fault.

That would be fine if a few failure, but this is a failure on a massive scale. Almost everyone who has an XBox with a thompson drive has a failing system. Mine has recently started to break down, and I'm lucky the new Baldur's Gate game has a save point every 2 minutes, because I had to retstart the machine 20 times in a span of 45 minutes the last time I played.

There goes a Halo 2 sale.

XBox hard drives... (0, Flamebait)

cplusplus (782679) | more than 9 years ago | (#10664119)

When I modded my XBox I replaced the Western Digital in it with a 120GB drive. If IIRC, the drive that came with my XBox was a 5400RPM 10GB Western Digital partitioned and formatted to 8GB (!!). I gave it to a friend so he could build a computer for his brother and the drive failed after about six months.
Is it really suprising that Microsoft, who is selling XBox's at a loss, designed it with the cheapest components they could buy, only to find that they have a high rate of failure?

I had one of these drives.. (5, Informative)

Recoil_42 (665710) | more than 9 years ago | (#10664120)

Microsoft fixed mine for free after i complained, but many people have problems with these drives, and i'm very happy that this guy is suing MS.

The problem stems from the Thomson drives used in the Mexican factories -- the chinese factories use Philips and Samsung drives which have no problems, but Thomson drives are notorious for failing in the Xbox community.

Just one look at the official xbox forums reveals hundreds of complaints about dirty disk errors, and on eBay and Xbox parts dealer websites like llamma.com, DVD lasers are the most often sold parts.

From what i understand, the drives themselves aren't really defective -- they're built fine, the problem is that the resistor on the laser is set too high, and as a result, the laser is too weak to read the disks -- thomson drives refuse to read CD-Rs, for that very reason.

Microsoft still won't acknowledge that this problem exists, but over the past few years, they've slowly but surely shifted to using more samsung drives, and less thomson drives, so i'm sure they're at least aware of the problem internally.

My old Mexico-Thomson Xbox works fine now after the repairs -- they replaced the drive with another thomson, which has given me no problems since. But it still doesn't read CD-Rs, whereas my Chinese-built Philips xbox has no qualms whatsoever reading the crappiest of CD-Rs..

My experience (2, Informative)

thesandtiger (819476) | more than 9 years ago | (#10664141)

My Xbox stopped reading discs a couple of months after I got it. Other Xboxen were able to read the discs, just mine had the error.

I got mine replaced for free, and paid only the shipping costs. So, it wasn't any kind of unreasonable situation, MSFT refusing to support their product, at that time - they just replaced it.

However, it's been awhile since then, and I imagine that at some point they saw this was a much bigger problem, and at that point shifted into a different mode.

Presumably, some number cruncher figured out that the number of people who'd just cough up or forget about it compared to the people who'd demand a freebie or sue would work out in such a way that it was to their advantage to handle it this way rather than issue a recall/replacement announcement.

NES (2, Interesting)

o0congee0o (800446) | more than 9 years ago | (#10664154)

Anybody remember the bad contacts on the old front loaded NES. The famicom didn't have that problem. Stupid design. Can I sue for all the times I injured myself by jamming the cart in with excessive force? Because it only works when you use excessive force. but you gotta give it to the NES, it still works after all the abuse I unleased upon it.
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