Want to read Slashdot from your mobile device? Point it at m.slashdot.org and keep reading!

 



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This discussion has been archived.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:
  • by Spazntwich ( 208070 ) on Monday December 05, 2005 @04:48PM (#14187932)
    But it's going to set a dangerous precedent if this clown wins. He wants damages? With a defective product, the company isn't liable for anything beyond replacing it, unless there's some signed contract prior to purchase in which the manufacturer guarantees certain things.
  • Responsibility (Score:5, Insightful)

    by Eohl ( 40739 ) on Monday December 05, 2005 @04:48PM (#14187938)
    I love that the submitter's comments seems to imply that it is somehow more noble for consumers to take the responsibility for defective products on themselves, as opposed to holding the manufacturer accountable.
  • by aflat362 ( 601039 ) on Monday December 05, 2005 @04:49PM (#14187945) Homepage
    If you aren't happy with the 360 why not just take it back? Why does everything have to resort to a law suit?
  • by GReaToaK_2000 ( 217386 ) on Monday December 05, 2005 @04:52PM (#14187972)
    I think it is about time someone took a stand against companies pumping shit out to the customer before it is ready. Especially since it is obvious this was done to beat the Xmas season...

    In addition, I don't like the way it was posted... "a Chicago man who was lucky enough to purchase an Xbox 360"... OH PLEASE!!!! "lucky enough" You make out to be some amazing thing... It's JUST a GAME BOX!!! Hello!!!

    WoW!! When playing games is THAT important life must be truly sad.
  • Re:BSOD (Score:1, Insightful)

    by MBraynard ( 653724 ) on Monday December 05, 2005 @04:53PM (#14187989) Journal
    *BACKHAND TO FACE*

    NOT FUNNY!

  • by fembots ( 753724 ) on Monday December 05, 2005 @04:53PM (#14187996) Homepage
    First iPod Nano then Xbox 360.

    Am I seeing a commercial trend where hardware companies are increasing confident to roll out their products even if they are not thoroughly tested, simply because these companies know they have enough fanboys to buy anything they sell?

    It's also interesting to see that these hardware companies are also software companies, who are regularly rolling out "beta" software to the public.
  • Class Action (Score:5, Insightful)

    by ehaggis ( 879721 ) on Monday December 05, 2005 @04:54PM (#14188000) Homepage Journal
    Unfortunately it is a class action lawsuit. The individual(s) will recieve a $1.25 check 10 years from now while the lawyers rack up $400/hr fees. Microsoft will issue a non-mea-culpa and continue life as usual, short $100 million, a drop in the bucket.
  • The Manual (Score:5, Insightful)

    by TubeSteak ( 669689 ) on Monday December 05, 2005 @04:54PM (#14188008) Journal
    Robert Byers, who brought the suit, said the power supply and central processing unit in the Xbox 360 overheat, affecting heat-sensitive chips and causing the console to lock up.
    I'm guessing he didn't RTFM. It tells you where not to put your Xbox (carpets, enclosed spaces, etc.)

    Is it a design defect if you're specifically told what the 'problem' is and how to avoid it?

    FYI I'm not talking about chainsaws that can accidentally cut your face off, more like a car owners manual that says "keep your radiator topped off or else your engine will overheat." Or in this case, don't put your Xbox in certain places, or it will overheat.
  • by Anonymous Coward on Monday December 05, 2005 @04:55PM (#14188010)
    Money.
  • by TheFlyingGoat ( 161967 ) on Monday December 05, 2005 @04:56PM (#14188022) Homepage Journal
    If Microsoft just recalls all of the power adapters (which seem to be most of the issue), and replaces them with a different design that allows airflow underneath, they can basically stop this lawsuit and any others that are bound to come up. The other option would be to provide a free plastic base to all XBox360 owners that would snap on the bottom of the system and raise it up an inch from the surface.

    People who sue over this stuff are worse than companies that unknowingly release a faulty product. There are better resolutions than calling a lawyer, like returning the system, waiting on a recall, or hacking it up with a string.
  • by crass751 ( 682736 ) on Monday December 05, 2005 @04:56PM (#14188032) Homepage
    Have things really gotten to the point when everytime we don't like a product we sue the manufacturer? What happened to the days when if a product wasn't what we expected it to be we simply told our friends not to buy one and didn't buy from that manufacturer again? Are companies required to produce products that every single person in the world likes otherwise be victims of a lawsuit? Are standard defects valid causes for suits? We (well Slashdot population) all know that no process is 100% defect free, even a 6 sigma process still has 3.4 defects per million opportunities. Are we that litigious? How long before someone sues a restaurant because their steak was medium instead of medium rare?

    This is absolutely insane.
  • Good for him... (Score:1, Insightful)

    by rAiNsT0rm ( 877553 ) on Monday December 05, 2005 @04:58PM (#14188052) Homepage
    Really, generally I am anti-lawyer and against frivolous lawsuits, but thi sis not one of them. This is a legitimate complaint and I believe that when the final numbers are known, that the number of defects will be much larger than MS is claiming. Also, MS support has been absolutely terrible when it comes to dissatisfied 360 owners, simply telling them to unplug and replug the system and call back.

    To build such hype and such "demand" and then release a rushed faulty product should be punished. People need to stop this before everything is "beta" quality and we are all testers. What will become even worse is this Dec. 25th and the following days, I believe there will be many more unhappy folks once little Suzy and Tommy unwrap their shiny new Xbox 360 and it fails to operate or crashes continually or destroys their games... which is another thing: If you have a Xbox 360 and it destroy's your game by leaving the "360" degree circle of death scratch, MS's great response is that they will send you a free copy of PDZ. Umm, my copy of PGR3 is scratched... have a free PDZ! Not quite stellar customer support.

    The 360 and PS3 amount to basically a giant pissing match between Sony and MS... the problem is that they forgot what the real aim of a console is: Easy, Fun, Enjoyment. Not Ghz, RAM, Polygons FTW.
  • Re:Responsibility (Score:5, Insightful)

    by Eohl ( 40739 ) on Monday December 05, 2005 @04:58PM (#14188058)
    Normally I'd agree with you 100%, I'm non fan of excessive litigation. The problem as I see it is that this seems to be an actual hardware defect...or at least a design defect. In any case it isn't something that would be fixable via a patch. A responsible company would recall defective hardware, which seems to be the main thrust of the lawsuit.
  • Re:Responsibility (Score:5, Insightful)

    by TheFlyingGoat ( 161967 ) on Monday December 05, 2005 @04:59PM (#14188063) Homepage Journal
    The manufacturer should be responsible for fixing the problem, not paying damages and legal fees. If the man is awarded damages for some strange reason, every company that unknowingly releases a faulty product is going to get screwed. As a result, testing costs and corporate insurance costs will skyrocket and those costs will be passed on to you and me. Hope you look forward to paying 10-20% more for your next car.
  • by SA3Steve ( 323565 ) on Monday December 05, 2005 @04:59PM (#14188067)
    So you would sue because you had to wait in line and decided to fight with other customers? Should you sue Best Buy then or wherever you bought it from? How about the customers who decided to start fighting? Did you spill some coffee during this fight? You could probably sue for that.

    If I purchases an XBox 360 and it wasn't working, I'd be pissed...and I'd call Microsoft and demand a replacement. If they rejected that, I'd put a stop order on the credit card payment or I'd just return it to the store. Is this guy sueing for emotional damanges or something pathetic like that?
  • Ridiculous (Score:3, Insightful)

    by Anonymous Coward on Monday December 05, 2005 @05:00PM (#14188076)
    I don't see how there could be any grounds for a case. There certainly is no way that this guy can demonstrate that Microsoft hasn't been acting in good faith with customers or that there's been any sort of cover up. The Xbox360 has been out barely a week.

    Not to mention that the first generation of anything often has problems. This certainly isn't unique to Microsoft. This is what happens when consumers crap themselves over something new and have to be the first ones to get it. They get screwed waiting in long lines, paying more than they should and having a potentially defective unit on top of all that.

    Anyone with a little sense would wait a few months until those initial problems were addressed and then waltz into any store and choose from one of the dozens of unclaimed units sitting there on the shelves.

    Not that I'd ever waste money on an Xbox360, or a PS3 or a Revolution for that matter. They should all stop screwing around and just start developing for the PC directly, because thats what those consoles are turning into anyway.

    I suppose someone always has to be an early adopter, and they're the ones who are going to encounter the problems first, and it's because of them that these problems are discovered. However, if you can't get rid of the ants in your pants then you'd better learn to deal with the consequences. Too bad you cant sue someone for stupidity.
  • by Ced_Ex ( 789138 ) on Monday December 05, 2005 @05:03PM (#14188112)
    I guess it depends on circumstance. If I just walked into a store, got a 360 and took it home and it didnt work, sure I would return it. But if I waited in line 6 hours, fought customers just to purchase a broken item for my kid who is crying, then if I called Microsoft and got the run around, hell yeah I would sue. Of course I dont have the whole story, so he could just be wanted to cash in.

    Maybe those kids are spoiled and should be brought up not to whine and cry because they don't always get what they want.

  • by CyberLord Seven ( 525173 ) on Monday December 05, 2005 @05:03PM (#14188115)
    then try this on for size.
    The RIAA takes you to court, pays outrageous legal fees (which they can afford), files for extensions, appeals and whatever until you run out of money and can no longer defend yourself.
    Then you lose.
    Now you have your legal fees, plus theirs!
    Do you still think making the loser pay all legal fees is a good idea?
  • Well, no... (Score:3, Insightful)

    by Quiet_Desperation ( 858215 ) on Monday December 05, 2005 @05:03PM (#14188116)
    C'mon, people. Will you never learn? What happened was a lawyer needed a new 12 person hot tub in his winter palace^H^H^H^H^H^H home, so he found a mark ("a man" in this story). If the case is won, the lawyer gets his hot tub and the man gets a $5 off coupon for an MSCE manual or something.
  • Re:Fire (Score:3, Insightful)

    by pimpsoftcom ( 877143 ) on Monday December 05, 2005 @05:04PM (#14188122) Journal

    I'm going to give up modding the parent +1 insightful in order to post this here, so please do so for me if you can.

    The Parent is correct; If you get something hot enough on today's carpeting or by a wall a fire *will* start. And most gamers/computer people I know have stacks of paper - gaming catalogs, cheat code listings, whatever - by there gaming systems anyway so that only increases the danger.

    The fact is Microsoft made a really bad mistake out of either gross incompetence or extreme criminal negligence, and instead of being something as benign to the real word as a BSOD that simply needs a reboot to fix, the over heating of the Xbox360 can and will burn your house down if it gets out of hand. Hell it could not just be your house, it could be your city block or your entire town because you do not even need to be an owner of a XBox360 to have a over heated unit start the fire that will end up destroying everythng you own or burn your family alive. Any of the great fires of Boston or Chicago are the perfect example of this.

    I am personally glad he is asking for a full recall of every single unit based on these facts, they are unsafe and all should be destroyed, with the company that made them taking the loss for bad design. And I would feel this way even if I owned the company that built them, or if it was Apple or Sun or any of a million other companies. Its not about Microsoft bashing, its about safety and a company needing to take responsibility for a crappy product that was badly made enough to be dangerous to peoples lives and property.

  • by Gulthek ( 12570 ) on Monday December 05, 2005 @05:06PM (#14188140) Homepage Journal
    You would sue out of annoyance? You would be understanding if someone sued out of annoyance?

    It would take severe bodily harm resulting from normal, advertised use of the product to get me to sue.

    Like, if, the XBox 360 randomly rockets forward out of the entertainment center at my head. Or if the controllers spiked your hands, or emitted powerful electric shocks. Something, you know, that's actually serious.
  • by Sycraft-fu ( 314770 ) on Monday December 05, 2005 @05:07PM (#14188151)
    The way to hold a manufacturer accountable for a new product taht doesn't work as advertised is to take it back. If you buy something that is supposed to work one way, and it doesn't, take it back and get something else (or do without).

    Lawsuits should only be for cases where a failure developes out of warantee that is systemic, and the manufacturer refuses to fix the problem. For example a bunch of Canon cameras receantly had failures due to bad CCDs. They were out of warantee, but it was a defect in all of them, thus they were fixing them for free. Had they not, that would have been an appropriate situation for a lawsuit.

    This is just a money grab, nothing more. A videogame console is not a necessity of any kind, and even if you bought it opening day you are still well within the return period. Just take it back, and tell them why.
  • And (Score:5, Insightful)

    by Sycraft-fu ( 314770 ) on Monday December 05, 2005 @05:12PM (#14188214)
    That's for a non-critical item. That's better service than we get on some computers here at work, and those are at least somewhat important. A console is entertainment only. If this was a life support device, yes lawsuit. If this was a critical server, maybe. A game console? Hell no. If the company is offering less than a week turn around on reparis, I'd say you have nothing to whine about. You can either accept that, or simply take the unit back (all units are less than 30 days old).

    Talk about a lot of fuss over an entertainment device.
  • Re:Fire (Score:5, Insightful)

    by Fiznarp ( 233 ) on Monday December 05, 2005 @05:13PM (#14188225)
    Whatever, calm down. I've been playing mine for sometimes 6+ hours a day since Nov 22nd with the power supply sitting on the carpet. No lockups ever, online or offline. The brick on the floor barely gets warm, hardly enough to notice much less start a fire. Those folks who are having problems probably have defective consoles that should be replaced, but by no means does this mean that they all are broken. Most of the 360s sole are working just fine.

    Fiznarp
  • by xutopia ( 469129 ) on Monday December 05, 2005 @05:15PM (#14188249) Homepage
    Suing every chance you get is silly. Especially since MS is replacing all defective 360s at no charge with express shipping.

    I think there are too many lawyers in the world.

  • by frovingslosh ( 582462 ) on Monday December 05, 2005 @05:15PM (#14188250)
    Sure, you should try "fixing" your new $400 device (plus the cost of feeding it) with string. Of course, this will likely void your warranty, and when the damn thing kills someone or burns your house or entire appartment complex down Microsoft can point to what you did as the cause. Or maybe you could just ask Microsoft nicely and share the pure joy in the laughter of their response.
  • Re:Responsibility (Score:5, Insightful)

    by ucblockhead ( 63650 ) on Monday December 05, 2005 @05:20PM (#14188314) Homepage Journal
    If the company is only responsible for fixing the problem, then there is little incentive to get it right the first time. If it's not much more expensive to release a broken product and fix it later, then it may well be in a company's best interest to release early (like before Christmas) and then fix things after the fact. (Especially since many customers won't get around to getting some of the problems fix.)


    This is exactly what we see in software. Company's have little incentive to get it right the first time because they can just "release a patch". The result is that it becomes the norm for things to not work right when released.


    If you want companies to make sure things work when released, you need to make it significantly more expensive to release something broken so that the free market rewards companies that take the time to make it work before releasing.

  • Re:Fire (Score:4, Insightful)

    by dswan69 ( 317119 ) on Monday December 05, 2005 @05:24PM (#14188358)
    This is just pathetic. Things go wrong. Life isn't perfect. Products have kinks. People who bring childish lawsuits should be sent to live on the sun. If they don't like the conditions there they can sue me.
  • by thesandtiger ( 819476 ) on Monday December 05, 2005 @05:28PM (#14188411)
    If someone brings suit, and loses, and is deemed, in the eyes of the judge (or some group of judges, or some other body) to have filed a stupid lawsuit, then I think yes, they should have to pay.

    In the case above, the RIAA could bring suit, but the person *being sued* would not be liable for any legal expenses but their own (unless they agree otherwise in the settlement) - RIAA would be on the hook for it.

    If I take an action and that action is injurious to others AND "stupid" (whatever that means) then I should be responsible. But if I take no action - if someone else sues me over something "stupid" - then I shouldn't be responsible as I didn't initiate anything.

    Granted, all of this hinges on what's "stupid" - on the surface, many lawsuits sound phenomenally stupid - hell, you can spin anything to make it sound stupid - Roe v. Wade, Miranda, whatever, pick any piece of landmark adjudication and if you give it a /. style summary it'll sound stupid. So it very well may be that it would cost more in time and effort to determine what is in fact stupid and what is just being made to seem stupid. (And the reverse is also true - many things that are absurd can be made to sound quite reasonable if you choose your terms carefully.)

    Anyway - my thought is that this particular lawsuit is pretty silly for several reasons:

    1) Microsoft is actually trying to address the problem. Why sue someone when they're already taking what actions they can to fix a problem?

    2) It's a game console. What "damages" could there possibly have been? I have not heard a single report of houses burning down or any kind of *real* damage from this. Loss of play time is not, in my opinion, a damage.

    3) Forced recalls - why, exactly? Many people *aren't* having problems. The ones who *aren't* having problems have no need to send their units in (and probably just wouldn't comply with a recall). People who *are* having problems will be getting their units replaced. What, exactly, would a recall do that isn't already being done? Shame them or something?

    It just doesn't make *any* sense to me. If MS were to have said "Hey, fuck you - caveat emptor and all that shit" then yeah, sue em. But they sound like they're being pretty reasonable about how they're handling the problem, so again, what's the point? Lawsuits are there to force actions when the appropriate action isn't being taken, which is not the case here. (Or doesn't seem to be)
  • Re:Responsibility (Score:3, Insightful)

    by jellomizer ( 103300 ) * on Monday December 05, 2005 @05:33PM (#14188463)
    I didn't RTFA but I think the issue is they guy went lawsuit crazy without giveing the supplier a chance to fix the problem. The problem with the legal system is that we hand out lawsuits First then ask politly later. The legal system doen't seem to take in account that we make mistakes and if asked we may fix them. Actually giving out law suits should be a final resort where all other means of negotation has failed.
  • Re:Responsibility (Score:5, Insightful)

    by timeOday ( 582209 ) on Monday December 05, 2005 @05:33PM (#14188475)
    The manufacturer should be responsible for fixing the problem, not paying damages and legal fees.
    That's what I want to happen when I bounce a check:
    "Oops, sorry, it was an accident. Here, I'll cut you another one."

    Or when I return a rented movie late:
    "Ooops. sorry, it was an accident. Here's you movie, no harm, foul?"

    Or when I miss a credit card payment:
    "Oops, sorry, it was an accident. Here's the money. You won't fine me or anything, will you?"

    Man, I only wish I could slap companies with fines every time they screw me out of some time and inconvenience. Of course in the real world it only works the other way 'round.

  • Hardware Defects (Score:3, Insightful)

    by Straif ( 172656 ) on Monday December 05, 2005 @05:40PM (#14188555) Homepage
    Unless you were personally holding the defective power unit when it overheated, thereby causing 2nd or 3rd degree burns, not be able to play with your new toy for a week or two is not grounds for emotional stress or pain and suffering.

    I've had to deal with the microsoft hardware department a couple times myself for my mouse (plus a few times for work but I'll keep the corporate support seperate). Because of the way the cable was fed into the mouse it had a nasty habit of breaking the wires and causing the mouse to behave irratically. Both times I called them they sent me a brand new mouse, free of charge, and never asked for the old one back. The last times I even got one of the newer styles and haven't had a problem since. I've never had a hassle from them and never once thought about a lawsuit. From the sounds of it, their XBox support is about the same.

    Anyone aware of the XBox or PS history should know that by buying the systems on the release date they are just asking for trouble. Best to wait for revision 2 or 3 to come around. Thats being said, I haven't heard the same about Nintendo and depending on price I will probably buy a Revolution as soon as it's out, but I also wouldn't be too upset if something like this happened then.

    When you buy leading edge tech, you've essentially signed up to be unpaid testers. A lot of problems can only be discovered when you move from a few hundred test machines in controlled environments to thousands of machines out in the wild.
  • by Gentlewhisper ( 759800 ) on Monday December 05, 2005 @05:42PM (#14188578)
    >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.

    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!
  • Re:Fire (Score:5, Insightful)

    by jonfelder ( 669529 ) on Monday December 05, 2005 @05:45PM (#14188597)
    Yet all of these things have happened. Not too mention a person's xbox locking up has much less dire consequences then the things you have listed.

    Come on...sure it sucks to get your xbox home and find out it's broken, but really all you have to do is take it back to the store (that is if you don't trust Microsoft to fix it, which they are doing).

    Try taking a bridge back to the store.
  • Re:Responsibility (Score:5, Insightful)

    by everphilski ( 877346 ) on Monday December 05, 2005 @05:52PM (#14188663) Journal
    Remember, in each of those situations the company in question is going out on a limb for you. When you bounced that check they fronted you the money. When you returned the movie late, you denied them a potential sale. When you paid your credit card late, you withheld money that was rightfully theirs. Your basically taking out a loan in each case; you signed an agreement and that's what you get...

    -everphilski-
  • Re:Responsibility (Score:5, Insightful)

    by ScentCone ( 795499 ) on Monday December 05, 2005 @05:56PM (#14188698)
    What kind of wanker do you have to be to make the leap of logic from, "This Xbox sucks, I wish I hadn't bought it" to "This Xbox sucks, and microsoft owes me a million bucks"?

    The kind that hates Microsoft for the usual semi-hypocritcal idealogical reasons (but really want to play the games) and are not-very-secretly delighted that an MS product has a problem. It's a chance to publicly whine about MS, paint them as somehow evil for not making a carpet-proof power supply, and to enter the lawsuit lottery. He's not expecting to actually win a lawsuit, he's just hoping for a settlement that will net him a few thousand bucks for being the squeeky wheel. Why he didn't just ask for his money back used to be beyond me, but juries of no-job-having-hate-The-Man idiots have been demonstrating again and again that (no matter how ill-conceived), any suit against a large company is a likely cash cow.

    All of the poisonous anti-corporate/business rhetoric actually gets to some people and they begin to think that companies actually owe them something just for existing, and owe them a lot more if they are in any way inconvenienced. This is a cultural problem, made worse by a media-based celebration of victimhood and misfortune-as-fortune. The prevailing sense of entitlement is truly astonishing, and this is just another sorry example.

    Of course, it also says a lot about the loser gamer involved that he had so much of his personal happiness tied up in whether or not he could run is XBox's power supply on the carpeting. Of course, that's BS - he's just reaching for cash.

    Stop global whining before it's too late.
  • Well, if you spill coffee you bought in your lap, and end up in the hospital for a couple weeks while they treat you for third-degree burns, and the place you bought the coffee from had repeatedly been warned that they were serving coffee that was too hot for human consumption when it was received by the customer, perhaps you'd have a lawsuit.

    Anyone who claims that lawsuit was stupid doesn't know what the lawsuit was about.
  • Comment removed (Score:5, Insightful)

    by account_deleted ( 4530225 ) on Monday December 05, 2005 @06:01PM (#14188754)
    Comment removed based on user account deletion
  • Bullshit (Score:3, Insightful)

    by everphilski ( 877346 ) on Monday December 05, 2005 @06:04PM (#14188776) Journal
  • Re:The Manual (Score:2, Insightful)

    by riceboy50 ( 631755 ) on Monday December 05, 2005 @06:05PM (#14188786)
    Liability aside, in order to make a well-designed product, one must take the user experience into account. Not to mention, I doubt the 360 has a big yellow label that says "WARNING! This product may crash if you use it on carpet or in your entertainment center." Companies who work under the "how can we release this product earlier/cheaper by cutting corners and putting it in the manual" paradigm are bad for the industry and deserve to receive some flak. P.S. What the hell is "commense sense"? If you're going to flame someone's post, at least check your wording.
  • Re:Fire (Score:4, Insightful)

    by TheViffer ( 128272 ) on Monday December 05, 2005 @06:08PM (#14188807)
    No .. actually this suit, as many others need to be filed.

    If a company pushes out a faulty product, they should be legally obligated to correct the problem. We seem to have very high standards for say auto manufactors whenever there exists a problem. Why shouldn't a company who is pushing a electric consumer product be under the same scrutinty.

    Bottom line, were are be bombarded with crap. Dell and there "bad" capacitors, Apples scratching nano screens, Sony's PSP and now Microsoft's overheating XBox 3-POS-0 powersupplies ... and this has been in the past 18 months.

    Interesting enough the later three were suppose to be "big releases". And if these four "small underfunded" companies can not put quality products, who can?

    I say sue them all. Teach them that pushing crap is not going to be had and if they continue to do it, they will have to continue to replace it.

  • Re:The Manual (Score:3, Insightful)

    by Xarius ( 691264 ) on Monday December 05, 2005 @06:16PM (#14188895) Homepage
    I'm guessing he didn't RTFM. It tells you where not to put your Xbox (carpets, enclosed spaces, etc.)
    Or in this case, don't put your Xbox in certain places, or it will overheat.

    Wow, so we're not allowed to put our consoles on the floor in front of the television, or in the entertainment center?

    That's pretty fucking awful product design.
  • Re:The Manual (Score:3, Insightful)

    by aaronl ( 43811 ) on Monday December 05, 2005 @06:22PM (#14188967) Homepage
    The XBox 360 is a piece of consumer entertainment electronics. If you buy a DVD player, VCR, Nintendo, Playstation, TV, etc, you can put them in your entertainment center. People have been able to place all of their game consoles on carpet in the past. It is, in fact, expected that a game console can do this, since most people are not going to want to buy a pedestal for their XBox just so that the controllers reach and so that they can swap games easily.

    It *is* a flaw in a piece of consumer entertainment electronics to not be able to do this. The product was poorly designed, and that's the problem here. If I bought a new device for my TV, and *then* found out that the design prevents me from using it the same as all my other devices, I would be quite upset. While I wouldn't sue, I *would* return it and not risk a similar experience with another of that vendor's products.

    This has absolutely nothing to do with "the law" and everything to do with common usage. If you put a new car on the market, and neglect to tell people that you have to use this special gasoline that you can only get from the dealer, and if you don't, your car might catch fire, but you print this in the manual, you will very likely be sued in a class-action suit. This is because *your* version of the product works differently than every other product of that type, and requires special consideration, but you did not disclose this up front. These sorts of suits happen quite often. Hell, in the case of the car, you would likely be found liable criminally for that design, and there would very likely be heavy fines and a complete recall involved.

    The issue is made much worse, since MS basically hid the flaw from customers until after they'd purchased the product. At least you can return an XBox once you find out the design is poor.

    Another example of requiring this sort of disclosure up front is drug advertising. If you're marketing a new drug that alleviates allergies, for example, you have to disclose the side effects up front. People do not expect to take a drug and have it give them a heart attack. If you tell them that it could do that in a passage tucked inside of a manual, you open yourself up to lawsuits. You can't expect that most of your customers will read the manual.

    I would prefer it to simply be good business practice and that's that. However, everyone has the *right* to sue anyone they want for whatever reason they want.
  • Re:Fire (Score:5, Insightful)

    by tshak ( 173364 ) on Monday December 05, 2005 @06:36PM (#14189098) Homepage
    Bottom line, were are be bombarded with crap. Dell and there "bad" capacitors, Apples scratching nano screens, Sony's PSP and now Microsoft's overheating XBox 3-POS-0 powersupplies ... and this has been in the past 18 months.


    Many of these cases have to do with user issues. Nano's are small enough to put in the same pocket as your keys, do you're scratching them more often - you didn't do this as much with your bigger iPods. XBox 360's are working fine in the vast, vast majority of cases. There maybe be a few faulty units, but for the most part it is well known that these power supplies are hot and can not be placed on thick carpet. I'm all for the improvement of quality overall, and to an extent I share your sentiment that we need demand higher quality as consumers. On the other hand there are tolerances for faulty units and these tolerances are fairly low. They seem to affect so many people because you don't have 900,000 artciles on how the XBox worked, you only have one or two about a few people who are having problems. Without some tolerance for lower quality we would be paying through the nose for these products. Maybe the bar needs to be raised a little, but I personally do not want to be paying $1200 for a military grade Nano.
  • Re:Fire (Score:3, Insightful)

    by jonfelder ( 669529 ) on Monday December 05, 2005 @06:47PM (#14189178)
    The XBoxes locking up has to do with their power supply overheating. Although I haven't heard of any incidents yet, this is indeed a hazard, and there SHOULD be a recall on the PSUs

    You have no idea if this is a hazard or not. If the powersupply is the cause of the problem, they should be recalled regardless.

    The fact that this is so widespread makes it obvious that they really rushed these out and didn't test them properly.

    Yep...this is also why I'm not first in line electing to be a beta tester for the machine. Just about all of these systems have problems when released. The original xbox had a recall on the power adapter, the playstation overheats and warps, the PSP had a problem with faulty screens on launch.

    Also, you can't just take it back to the store and get a new one, as there aren't any new ones to get.

    I never said get a new one. I said return it to the store. That is, it's relatively easy to get a good degree of satisfaction, and then you wait until they get all the kinks worked out before you get another. If you want to keep it, Microsoft is fixing them...get it fixed. Either way, in the grand scheme of things it's not a big deal. It's a broken toy.

    Comparing the xbox to a bridge collapsing or an airliner losing its wings is ridiculous, and that's really my original point.
  • Re:Self inflicted? (Score:4, Insightful)

    by damsa ( 840364 ) on Monday December 05, 2005 @06:49PM (#14189190)
    Most comsumer products class actions, you end up with some coupon which is not really worth much. The persons that win are the lawyers.
  • Re:Responsibility (Score:3, Insightful)

    by mrchaotica ( 681592 ) on Monday December 05, 2005 @07:11PM (#14189382)
    And when your Xbox breaks you're effectively giving Microsoft a loan, because they have your money and you have nothing in return for the amount of time it takes them to replace the system.
  • by TheDarkSavant ( 459819 ) on Monday December 05, 2005 @07:23PM (#14189461) Homepage
    She declined to say how many reports Microsoft had received and said that calls reporting the issue to the company represented a "very, very small fraction" of units sold.

    Because the majority of units sold were bought to be resold on Ebay and haven't been played yet.

  • The masses? (Score:4, Insightful)

    by WndrBr3d ( 219963 ) on Monday December 05, 2005 @07:26PM (#14189488) Homepage Journal
    I think the general issue here is you're putting an environmentally sensetive device in the hands of the masses, and as I'm sure 90% of the IT professionals here that have served tech support can tell you, the masses are flaming idiots.

    The XBox360 itself does run very hot. Mine I keep in an open AV cabinet with plenty of ventilation and I keep the PSU in a cool area as well. The XBox360 itself is pretty much a super-charged PC in a space 1/10th a standard PC's size. So of course it's going to run hot, and people should take the proper measures.

    The design of the XBox360 was one that had to meet a few goals.

    1) Had to look cool
    2) Had to be smaller or as small as original XBox
    3) Had to have adequate cooling WHILE not producing excessive noise from fans and other cooling elements

    So Microsoft had to compromise on #3. They had to have the fans run quiet enough so people wouldn't yell, "OMG, ITS TOO LOUD!".. yet have them run fast enough where people wouldn't yell "OMG, MY XBOX IS OVERHEATING NO MATTER WHAT!"

    With any manufactured device, there are going to be failures, be it mechanical failure or failure due to the manufacturing process. I'm sure if someone wrote CNN every time one of their Hard Drives died, or every time they got a bad pixel on an LCD, you'd see many other CONSUMER ALERTS for MASS HARDWARE FAILURE, but you don't. Because we've all been using computers long enough to know that with anything, sometimes you just get a bum device and have to get a new one.

    Why is the XBox360 different from other computer devices? Well, as I see it, two reasons:

    Reason #1 -- It's Microsoft, easy target for hate from some people.
    Reason #2 -- There's nothing we can do. The reason Intel doesn't get sued because their CPU's run too hot, is because as consumers we can crack open our case and swap out the cooling with a solution that better fits our needs. Unfortunately, we cannot do this with the XBox360 because there are no alternatives to the cooling and it would void your warranty.

    What are we to do?

    Well, personally, I haven't had a single issue with the Xbox360 that was worth even getting on the phone over. It has locked up twice, but this isn't the first time in my 24 years that a console game as locked up on me. I recall RC Pro-AM locking up on level 98 and almost having a stroke.

    For those of you having issues, explore every option in making sure it's in the proper environment before immediately pointing to hardware defect. If this still doesn't work, just call Microsoft and open up an RMA. Their process takes no more than 4 days before you'll have a new Xbox360 in your hot little hands.
  • Re:Self inflicted? (Score:3, Insightful)

    by CardiganKiller ( 854899 ) on Monday December 05, 2005 @07:36PM (#14189557)
    Exactly, the system is screwed. I think the real basis for the screwy system is central to the word "hype". Corporations create it, people buy into it. A post further down the line states that normally, when something is bought and found defective, you return it, no big deal. But then he states that suing is justified when he waited six hours in line to get it and got the runaround from Microsoft. Well what is Microsoft going to do, mail you the parts and tools to fix it? There is nothing to do. It's a defective unit, you do the same thing as if you hadn't waited in line for 6 hours. You wait until new units come in and return yours. This is the problem with people buying into corporate hype over a product. I don't see anything wrong with waiting in line overnight, but don't start whining anymore when it breaks than if you just went to the store and picked one up on a whim. You are the one who couldn't WAIT to have the toy. You are essentially blaming Microsoft for infusing you with their hype over this shiny new toy. Be a little grown up about it and return it for a full refund and wait for other systems, or replace it when you can.

    This is just the "spend spend spend" society hard at work. "Xbox360" comes out! OMG HAVE TO HAVE IT!!!111 I bought an original X-Box at the beginning of this summer. I've gotten my money's worth of entertainment and then some. The thing is how old? I'm careful with how I spend my money, and I'm patient about purchasing something. The end result is that I'm satisified with the product and I usually get my money's worth. This hype drivel is pushing people to buy as quick as they can and corporations to release the product as quick as they can. MORE MORE MORE!!! Once the hype goes away, the product stabilizes, the price goes down... and Joe Schmoes like me get one and have a good time with it. Sheesh. You kids and your toys.
  • by Aadain2001 ( 684036 ) on Monday December 05, 2005 @07:38PM (#14189579) Journal
    Returning a broken product should always be the first action a consumer takes. But in this case, the XBox 360 was first produced in a limited quantity and then released in an even smaller amount to retailers. That means that MS artifically made them scarse in order to drive up apparent demand and value of the produce.

    Now imagine waiting in line for a produce that you shouldn't have to wait in line for (think of McDonalds only making 10 Big Macs at each location every day, first come first served) and then think about that product not working. Not only can you not return it to the store for replacement (they are all sold out and will be for the next month), but the manufacturer cannot even replace the devices (don't know this for sure, but I wouldn't be suprised if MS doesn't have enough units in stock to replace all the faulty ones). So now you are stuck with a broken product and no way of fixing the situation because the manufacturer intentionally screwed you over (limit roll out, artifical inflation of value, etc). You would be pretty damn mad, just like everyone else in your position.

    I haven't RTFA, but this guy is probably suing out of anger (I would be angry, I can tell you that), and probably from the promptings of a lawyer who can see a quick cash settlement or a possible class action lawsuit with an even bigger payout for him/his firm.

  • by GruntboyX ( 753706 ) on Monday December 05, 2005 @07:49PM (#14189668)
    Ok, after about 2 weeks of this i have had about enough. As an Electrical Engineer i am furious that geeks everywhere are irate about power supply issues. Now correct me if i am wrong but isn't it standard practice to give electronic components plenty of ventilation. I mean i knew this when i was little. I use to put clothes on top of my component stero because it was convient. Low and Behold months later the stereo become hot and died. Didnt take a Genius to figure out what the cooling slots were for. Dont all you geeks run zalman coolers on your processors, and create water cooled wind tunnels for your computers! I mean did you expect a 3.2Ghz processor to just consume a measly 100mw ? We shove 500 W power supplies in our computers and still complain about not having enough power. Nvidia and ATI require extra 12V power connectors because they chew so much. yet we didn't go on a suing band wagon when pc's crashed because they overstressed power supplies.

    Now about the PSU. yes it shouldn't overheat, but as it is becoming obvious there are various suppliers and other distributors of this psu. Wouldn't it be reasonable to suspect that the design was fine in testing but a batch of bad parts is the cause and not the design itself! You geeks kill me. As soon as something crashes you criticize it because it doesn't run linux or some OSS software. Then you go on a tirade about the design being flawed and if you were the engineer you would have considered such things. As an engineer i have seen products fail hundreds of times not because the design is flawed, but because some part distributor supplied a bad batch of parts. In a power supply it just takes one diode or a bad inductor or even a faulty cap, and then you get motorboating and unstable voltages, and guess what happens when that occurs. Yes you guessed it lots of HEAT! And that assumes if the device even powers on.

    Now this doesn't absolve Microsoft from responsibility. They still need to replace the faulty units / or power supplies. However, this doesn't warrant a lawsuit. Especially when the manual warns you to place in a ventilated area. I am sick and tired of companies getting sued because end users are not reading the frickin manual!
  • Re:Fire (Score:3, Insightful)

    by jacksonj04 ( 800021 ) <nick@nickjackson.me> on Monday December 05, 2005 @08:12PM (#14189817) Homepage
    Aircraft and bridges don't just roll off a production line. Every single step from design to final production is quality tested, and then once the product is finished it is tested again.

    Car engines are slightly different, relying on massively complex automated QA systems. What you must also take into account is the fact that car engines are specifically designed to have bits explode.

    This is a games console. Hand-assembled, batch production, assembly line. If you have a bad component for an aircraft it won't pass QA, if you have a bad component for an engine it won't pass QA, if you have a bad microchip on a small part of a power controller which only shows the fault after running for at least 47 minutes at above 37.8&#176;C then it won't be picked up because it's irrelevant. Recall the batch if a few of them show similar problems, otherwise just replace the unit.
  • Re:Responsibility (Score:5, Insightful)

    by timeOday ( 582209 ) on Monday December 05, 2005 @08:44PM (#14190047)
    Remember, in each of those situations the company in question is going out on a limb for you.
    Forking out $400 for an XBox 360 is going out on a limb. When I fork out $400 and get nothing (but a broken XBox) for 2 months, Microsoft is witholding money that is rightfully mine. All of this is going on the assumption that I eventually pay my bills and Microsoft eventually delivers a working product. If you can't see the symmetry of the situation, it just shows how indoctrinated you are.
  • Re:Failing Units (Score:2, Insightful)

    by malelder ( 414533 ) <poeepope.gmail@com> on Monday December 05, 2005 @09:22PM (#14190264)
    I don't have a white paper or anything to point too, but a friend of mine is a manager of a game store in Phoenix, Arizona. I asked him if they had any 360's left, and he said "Nope, sold every one in the opening weekend." So, snickering, I asked how many were returned as defective. "None," he replied. "Not a single return in the entire southwest region in fact."

    Where are your statistics to prove the previous poster is wrong? To chastise the poster about not having any facts, then not providing any of your own is pretty lame. To then imply in your post that the problem with the 360 is that it "can get hot enough to start a fire", when noone, not even the guy in the article, has had such a thing happen, is even worse.

    I don't care what your opinion of Microsoft as a company is...they have been replacing any defective devices. They say there haven't been many of those, and even if we all think they are evil and lying their asses off, the fact that a chunk sold from a certain region of the US haven't had any issues shows that this isn't as nearly a big deal as certain media outlets wish it were. This at most is an issue of a certain batch of power supplies having problems. I'd be curious to see a map of where the complaints are coming from now, and see if its isolated to a certain shipment.

    It isn't just you; there's a ton of people out there who want to see MS burn, but this isn't the incident that will bring them down. By replacing defective devices as soon as they are reported, MS is showing a willingness to help those who ended up with busted 360's. Kind of hard to push a lawsuit against the company, when the first question any lawyer would ask is, "Well, did you call and get a new, working power supply?" When the guy replies, "Uh..no. I just wanted to sue them instead and make a bundle of cash," the judge is gonna bang that gavel, and say "Case closed!" And Microsoft wins another one.
  • by Solr_Flare ( 844465 ) on Monday December 05, 2005 @11:27PM (#14190849)
    This issues does deserve to have some attention called to it. Not just the power supply heating problem though, but other design defects/flaws/bad choices that really just shouldn't be there in a $400 piece of equipment.

    The major issues with the X-box 360 seem to be:

    1) The power supply can overheat. It seems most often this is due to poor placement of the power supply. Still, no mention is made anywhere about this problem. So what happens when your average Joe Shmoe consumer or kid gets their Xbox 360 and runs into this problem or sets their carpet on fire because they aren't told in the packaging of a design flaw?

    2) Some Xbox 360's just outright have crashing problems not related to the power supply. This seems to be more the case of first batch of a new generation hardware defects. These happen all the time and can't be helped. And when you ahve a low supply like the 360 has, these tend to be more glaring than they really are. This is just an issue of replacing the system for a non-defective one. It stinks, but it happens.

    3) Moving the 360 from a horizontal to vertical position, or vice versa, while a disc is spinning will result in serious disc scratching. Now, we're all tech guys so this is sort of no-duh to us. I mean all our PC's and similar hardware all are mostly the same way for that style of drive loading. That said, again it is a case of your average Joe probably won't realize this. I mean the unit is advertised as being equally useful in both a vertical and horizontal position. Sooner or later some dude is going to either accidentally knock the xbox into horizontal position, or move his 360 while in a game and ruin a game disc. Accidents happen, but Microsoft, again, has not advertised that this can even happen. So design choice, flaw, or what have you, it's still their problem.

    Again, I think the suit is dumb and either some guy is going after cash or he or someone who paid him has an anti-microsoft agenda. But that doesn't change the fact that the issues are there and MS at the very least needs to make a more concerted effort to at least tell it's consumers what isn't recommended to do to avoid these things happen. That's just common sense business ethics right there.
  • Re:Oh please (Score:2, Insightful)

    by burningion ( 936461 ) on Monday December 05, 2005 @11:36PM (#14190886) Homepage
    Microsoft has released a faulty product. They chose to rush to market and be the first, and they ended up with an inferior product. They must refund everyone's money who bought a product which didn't perform as they said it would. Simple as that.

    Getting litigous is the only way to make sure Microsoft does not take advantage of consumers by selling products which do not perform as advertised. With their market share and their financial resources they ought to be able to make a functioning product. Not an overpriced POS paperweight.

    The four hundred dollars for an xbox 360 is a whole lot of money and a whole lot of work for the average customer. They should get their money's worth, it's only fair.

  • by Anonymous Coward on Monday December 05, 2005 @11:55PM (#14190976)
    Microsoft is trying to play the hardware-game with software-rules. Selling software is so much easier. Software licences come with no responsibilities.

    So what is the next step for Microsoft? I think they have 3 options:

    1. Create better hardware
    2. Move out of the hardware business
    3. Change the law


    I think they will opt for #3.
  • Re:Fire (Score:4, Insightful)

    by Aqua OS X ( 458522 ) on Monday December 05, 2005 @11:59PM (#14190996)
    I doubt it's a design flaw. It's probably a manufacturing defect that pertains to a batch of 360's.

    I've seen stuff like this happen before when bringing products to market. In a nutshell you design something; do environmental testing, build prototypes, seed prototypes to developers; select some manufacturers; do a small manufacturing run; seed final hardware to developers / testers, etc.

    However, if you don't watch your manufacturer(s) like a hawk, they might screw you. Perhaps they deviate from your spec at the last minute; perhaps they get in a pinch and decide to replace "good component A" with "shitty component B;" etc.

    And the potential for f'k ups like these only increase once you start outsourcing your manufacturing to people halfway around the globe. Communication becomes an issue, and specs are commonly not adhered to as planned.

    Microsoft has been fairly open about the development of this console. Prototypes have been out and about for quite sometime and they've been holding prerelease press events with finalized hardware. If this overheating problem was a major design flaw, it would've popped up already.

    I bet if we were to crack open a "bad" power supply and a "good" power supply we'd see some different components.
  • Re:Fire (Score:3, Insightful)

    by sjames ( 1099 ) on Tuesday December 06, 2005 @12:02AM (#14191006) Homepage Journal

    There maybe be a few faulty units, but for the most part it is well known that these power supplies are hot and can not be placed on thick carpet.

    Well known to whom? The many parents out there whose kids wanted video games for Christmas? A household use power supply shouldn't get that hot, especially considering that a plush carpet is otherwise a great place to play games and the floor is a likely place for a power brick. How many pennies did they save on the heatsink and housing?

    Apparently there's no warning about heat from the brick anywhere in the packaging.

  • Re:Responsibility (Score:3, Insightful)

    by ScentCone ( 795499 ) on Tuesday December 06, 2005 @01:07AM (#14191259)
    Corporations (especially MS) deserve all the poisonous rhetoric we can throw at them. Lucky for them since they are above the law that's pretty much all we can do to them. If my neighbor acted like your typical corporation they would be committed or jailed.

    So, if you instead bought a brand new, high-tech entertainment appliance from the little one-man shop down the street (you know, where he hand-makes video game hardware from minerals that he mines and refines himself, and for which he writed all the software), and it was defective... what would you do? Perhaps, take it back and ask for your money back? Of course, the little video game shopkeeper would be happy to help out. Unless of course he died the night before... oh well.

    So, how about if he takes on a partner to help him out? I know, that's evil, evil, evil. Because in order to make sure that their growing enterprise can interact with the bank they use to cash your check, and the vendors they use to help them with supplies, and to make sure that their operation can survive without them personally, and keep paying their employees (and their debts), etc... they incorporate. Good ideas and businesses often reach past the interests, attention, or even lifespan of those that start them.

    they are above the law

    What nonsense. Really, you should read the news at least once a year, perhaps. Even if you just do it long enough to follow up on the corporate executives that lose everything and go to jail for being fraudulant... or to understand that many companies can't make products (or sometimes, even stop making products) without fantastic government involvement. You might even want to check up on how well AT&T is doing, running all of the country's telecommunications... oh, wait. It's BS to compare a corporate entity (or a church, or a university, or a Boy Scout troop, or a non-profit eco-activist organization) to an individual because it's not an individual. It's a chartered organization subject to all sorts of laws, and sure as hell not above them.

    We just want what we paid for and we expect it to work like they told us.

    Or what? You'll just return your Xbox to Best Buy for a refund? Fine, because you can. What do you do when the produce you buy from the little farmer's market around the corner is defective? Do you try to put together a class action suit that will only make a bunch of lawyers rich? How about you just don't buy stuff from companies you don't like, and intelligently pursuade others to do the same (hint: better if you don't start out by actually lying about things, but more on that later).

    lawsuits are the only tools we have left

    Again: just don't give them your money. You know, just like people stopped giving money to AT&T's hardware people because they didn't like much like their products and business practices, and now Lucent is a pale shadow of its former self, with virtually no influence in the market... and better companies have lured away its customers. Vote with your wallet - you have choices.

    no human being feels as much of a sense of entitlement as a corporation does

    Never actually worked for or with a larger company, have you? The struggle to compete with other companies to make better, cheaper, or different products is instense. Every day is a fight to make sure that they don't lose customers, and instead find more. Just what do you think a corporation is? Right now, I'm working in a company of about 300 people. There's no sense of entitlement, not among the management, the investors, or us worker bees. Every meeting, every customer interaction, every hunk of software we write or web site we operate - all of it is a scramble to make sure we are offering something better than what our competition delivers. Do we set up offices where the locations make the most sense (in terms of space costs, tax rates, etc)? Yes. Just like everyone does, business or personal.
  • by esspee ( 936423 ) on Tuesday December 06, 2005 @01:55AM (#14191436)
    Toy - that stigma was dropped long ago and most people now recognize the video game industy is larger than the motion picture industy. The 360 cost $400+ when you start adding extra controllers and games. The average game player is 30 years old and has been playing games for 9.5 years. If I turned my DVD player on its side while it was playing a disc I WOUDLN'T be suprised if something unnatural happened to that disc or the player. DVD players can stack thanks to their shape and feet but read the manuals and you'll find spacific instuctions not to place them on carpet or an area that would cause the vents to be covered. gloom and doom STORIES/RUMORS are exactly what they are. As we see more facts coming in and not just a bunch of Internet chicken-littles we are now hearing a more realistic 3% are having issues (and this still doesn't take into account how many returns and reports there have been based on user error). You can't idiot proof something no matter how many years you put into its design.
  • by AlgoRhythm ( 701779 ) on Tuesday December 06, 2005 @02:55AM (#14191633)
    Since when is it cheaper to produce a flawed product and then fix it rather than producing a product that works the first time?

    Didn't you just lose money fixing the problem that could have been avoided in the first place?

    Hardware repairs are not so cheap as a simple software patch that can be posted online and downloaded ... nowhere NEAR as cheap. Like, so dissimilar as to be a laughable analogy if you didn't seem so serious about it.

    You don't even consider the damage to a company's reputation which, though Microsoft is disdained amongst geeks, most consumer's expect quality from.

Say "twenty-three-skiddoo" to logout.

Working...