Follow Slashdot blog updates by subscribing to our blog RSS feed

 



Forgot your password?
typodupeerror
×
Microsoft Government The Courts Entertainment Games News

Microsoft Sued Over Alleged Xbox 360 Defects 724

richdun writes "Reuters is reporting that a Chicago man who was lucky enough to purchase an Xbox 360 has filed suit against Microsoft over the overheating and crashing some users have experienced. The man is seeking unspecified damages, litigation expenses, and replacement or recall of all Xbox 360s. While more suits or a class-action is probably on the way, others have sought less litigious solutions."
This discussion has been archived. No new comments can be posted.

Microsoft Sued Over Alleged Xbox 360 Defects

Comments Filter:
  • Re:fp? (Score:2, Informative)

    by Conor Turton ( 639827 ) on Monday December 05, 2005 @04:55PM (#14188013)
    Oh the PS2 had plenty optical drive issues. The PS2 still has issues. The slimline ones don't work with some older games.
  • by Zediker ( 885207 ) on Monday December 05, 2005 @05:02PM (#14188094)
    Wrong. If a company puts out a product they are entirely liable for anything that product does, whether or not the company knew about it, and whether or not the product was used inappropriately. ex) A lawnmower manufacturer was successfuly sued by a man who injured himself when he picked up the lawnmower and tried using it as a hedge trimmer. ex) Winnebago (sp) was sued by a man who thought cruise control would drive the Winnebago by itself. The fact is, if you put something on the market, you are now responsible for anything that happens with it, good or bad, despite the intelligence or lack their of your customers.
  • Re:fp? (Score:1, Informative)

    by batknight23 ( 929214 ) on Monday December 05, 2005 @05:05PM (#14188131)
    Or could it be because of an increasingly complex device (with vastly more complex chips)? The PS2 had plenty of issues (disc drive problems anyone?) at launch.

    I would draw a spectrum like this:

    NES/SNES/Genesis/N64/Dreamcast | PS2/Xbox/PS3/Xbox360

    For the Xbox, PS3, and Xbox360, you have the addition of very powerful GPUs. That chip alone is a vast increase in complexity and HEAT. The PS2 kind of rides the fence because--on one hand--you have a complex system... On the other hand, the clock speeds and heat generated was very low and that helped reduce some of the issues we're now seeing with the next-gen systems.
  • by Unequivocal ( 155957 ) on Monday December 05, 2005 @05:06PM (#14188147)
    This might have been true for the original XBox, but the XBox 360 is based on a "Trusted Computing" model which appears to be pretty hard to hack. It includes hardware based security to ensure that nothing which hasn't been signed/approved by Microsoft will run on the box. There are efforts to hack [free60.org] the thing but success has not been seen yet. I wouldn't count on a lot of help from "hackers" in fixing problems with this device. It looks like for the foreseeable future, it's MS or no one..
  • by PepeGSay ( 847429 ) on Monday December 05, 2005 @05:07PM (#14188159)
    If you can get the single lawsuit to go forward, they may be able to legally compell Microsoft to say how many reports of malfunctions they have had. Then, they figure out the size of the class action lawsuit and really go for the throat. That basic strategy is used more than you might think.
  • Re:When in doubt... (Score:5, Informative)

    by AuMatar ( 183847 ) on Monday December 05, 2005 @05:13PM (#14188237)
    Its called the warranty of merchantability. It basicly means that when you buy something, its supposed to do what its claimed to do, without known hazardous side effects. The Xbox360 may fail this due to the overheating.
  • What's a defect? (Score:5, Informative)

    by YesIAmAScript ( 886271 ) on Monday December 05, 2005 @05:21PM (#14188324)
    Now, I know some are just plain defective. That'll happen when you ship hundreds of thousands. There might even be more defective units than would normally be expected. That could happen to, due to manufacturing difficulties.

    But a design defect? I just don't know if we're there.

    I know it gets hot http://slashdot.org/comments.pl?sid=169465&cid=141 24290 [slashdot.org]

    But it gets hot because it does so much. Its regular level of consumption is 160W. That's a lot, and it all turns into heat. Despite this, the Xbox 360 has a great cooling system. It really keeps itself cool.

    But, like all devices, a cooling system just moves the heat somewhere else, in this case ouside the case. So if you put it in a confied area or block the vents, it will be unable to cool itself. There is NOTHING MS can do about this.

    Perhaps you'd like Xbox to take less power (PS2 uses 50W). I can understand that. But it's not going to happen. PS3 will be the same. These super-capable game machines are pushing the limits of technology and so they use a lot of power and generate a lot of heat.

    So, lawsuit aside, when you evaluate your problems with 360, make sure you're not expecting MS to defy the laws of thermodynamics.

    BTW, I got together an EXECELLENT cooling system for my 360 in my stereo/video game cabinet now. I'm considering writing it up. Costs a fair bit, but instead of 116F inside there with the front panel cracked an inch, now it gets to 78F (67F ambient in the room) in there with the front panel completely closed. It's so much quieter now.
  • by KDR_11k ( 778916 ) on Monday December 05, 2005 @05:27PM (#14188399)
    OH PLEASE!!!! "lucky enough" You make out to be some amazing thing... It's JUST a GAME BOX!!! Hello!!!

    Correction: It's a game box that sells for a few hundred bucks over retail price on eBay. It's an investment.
  • Failing Units (Score:4, Informative)

    by everphilski ( 877346 ) on Monday December 05, 2005 @05:29PM (#14188421) Journal
    ... run about 3% and are being replaced for free; please read http://games.slashdot.org/comments.pl?sid=170258&c id=14188093 [slashdot.org] and shut up...

    -everphilski-
  • by everphilski ( 877346 ) on Monday December 05, 2005 @05:32PM (#14188460) Journal
    Please read.... http://games.slashdot.org/comments.pl?sid=170258&c id=14188093 [slashdot.org] ...

    -everphilski-
  • Let's be fair! (Score:5, Informative)

    by mister_llah ( 891540 ) on Monday December 05, 2005 @05:34PM (#14188481) Homepage Journal
    A friend of mine made a post on our IRL pals forum that I thought I'd share...

    """
    Lets be fair here - i'm no fanboy, but even I have to admit its not just Microsoft.

    Sega Genisis - Crashes games

    SNES - at launch batteries were being drained faster from cartidge then supposed to (not sure what this means)

    N64 - At launch wouldn't read some cartridges

    PSOne - Wouldn't read some games, laser would lways fall out of alignment, and system would overheat

    Dreamcast - Overheating

    PS2 - Scratch the hell out of people's DVD Movies as well as some games, majority of systems at launch would overheat

    XBox - Overheating problems on some systems

    XBox 360 - CPU not functional, overheating, scratching disks
    """
  • by ezberry ( 411384 ) on Monday December 05, 2005 @05:34PM (#14188484)
    It seems that ever since going to law school, all I see on Slashdot is people incorrectly claiming knowledge of the law. The parent is a good example.

    The Second Restatement of Torts, Section 402A Special liability of seller of product for physical harm to user or consumer, states:
    1)A seller of a product in a defective condition is liable if
      a) the seller's business is to sell that product, and
      b) it is expected to and does reach the consumer without modifications
    2) Section 1 applies even though
      a) the seller has exercised all reasonable care, and
      b) the sure or consumer did not enter any contract with the seller.

    This results in a situation of strict liability.
    There is also an implied warranty of merchantability, as seen in Henningsen v. Bloomfield Motors, Inc. (NJ 1960, 671).
    Further, this is not about to go away in the near future as the draft of the third restatement includes clause (see the section on products liability).
  • by Chirs ( 87576 ) on Monday December 05, 2005 @05:51PM (#14188652)
    "If you spill hot coffee on yourself, it's the store's fault g-darnit!"

    While I like a good story as much as the next person, in the case of McDonald's coffee it actually is true that they were serving their coffee substantially (20 degrees or so) hotter than most other places.

    The woman required skin grafts and a week-long hospital stay, and McDonalds refused to pay the medical bills, which was why she sued them. The jury awarded punitive damages of $2.7M (or about 2days worth of coffee sales), the judge dropped it down to a bit under half a million on appeal.

    Three years after the lawsuit, McDonalds was still selling coffee at the same temperature, and a 73yr-old lady suffered first degree burns from a similar incident.

  • Comment removed (Score:3, Informative)

    by account_deleted ( 4530225 ) on Monday December 05, 2005 @06:03PM (#14188766)
    Comment removed based on user account deletion
  • Re:Responsibility (Score:3, Informative)

    by krunk4ever ( 856261 ) on Monday December 05, 2005 @06:51PM (#14189210) Homepage
    But you see, the company is recalling defective products:

    http://seattlepi.nwsource.com/local/6420AP_WA_Xbox _Glitches.html [nwsource.com]

    O'Donnell urged anyone with Xbox problems to call 1-800-4myXbox or go to http://www.xbox.com./ [www.xbox.com] If the problems can't be immediately resolved, Microsoft will pay to ship the console overnight to a repair center, overnight it back once it's fixed, or ship a replacement.

    "They'll be playing again in three to five days," O'Donnell said.


    But I guess the 3-5 day delay wasn't worth it. Instead he's going to fight this matter over court which will take probably several months or even longer.
  • Re:When in doubt... (Score:3, Informative)

    by rob_squared ( 821479 ) <rob@rob-squared . c om> on Monday December 05, 2005 @07:39PM (#14189587)
    "Except the Xbox also ships with SOFTWARE, with the software there is a EULA that says there is no warranty or fitness of any kind given!"

    Except it's the hardware that's overheating. And I'd bet that kind of language won't fly in court. For example, there are prenup agreements that say the husband will get the kids by default in case of divorce, but the judge still gets to decide against that if he chooses. People leave their company for Google even though they sign noncompete clauses. Just because someone can say something in an EULA doesn't mean its enforcable.
  • by fozman ( 725010 ) on Tuesday December 06, 2005 @03:41AM (#14191808)
    Considering most of the hardcore-types spent the entire evening in the bitter cold in some Target parking lot waiting to get theirs first, maybe they should just set the tents back up and Mother Nature keep their systems from bursting into flame... ... or maybe they should set the tents up in Redmond... I'm collecting overheating stories at http://www.xboxoverheating.com/ [xboxoverheating.com] for anybody who has one to share.

On the eighth day, God created FORTRAN.

Working...