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."
Re:fp? (Score:2, Informative)
Re:It was only a matter of time. (Score:1, Informative)
Re:fp? (Score:1, Informative)
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.
Re:Was it necessary to rush? (Score:2, Informative)
Interesting thing about the single lawsuit (Score:3, Informative)
Re:When in doubt... (Score:5, Informative)
What's a defect? (Score:5, Informative)
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=14
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.
Re:while I am not a fan of our "sue-happy" society (Score:2, Informative)
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)
-everphilski-
Microsoft *IS* replacing defective hardware... (Score:3, Informative)
-everphilski-
Let's be fair! (Score:5, Informative)
"""
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
"""
Re:It was only a matter of time. (Score:5, Informative)
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).
Re:Why not just return the thing? (Score:3, Informative)
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)
Re:Responsibility (Score:3, Informative)
http://seattlepi.nwsource.com/local/6420AP_WA_Xbo
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)
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.
Set the tents back up in the Target parking lot (Score:2, Informative)