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."
When in doubt... (Score:3, Interesting)
Jeez, you would think that you could just unload the piece of junk on ebay.
This is one thing I don't like about this country (Score:5, Interesting)
I think there's some sci-fi book where the loser and his lawyer dies. That might work too, but I don't think most people would go for that.
Re:fp? (Score:2, Interesting)
Re:Why not just return the thing? (Score:3, Interesting)
Extreme Measures (Score:2, Interesting)
Oh please (Score:5, Interesting)
This guy doesn't wany justice, he wants free money. He's a greedy ass and should be brought to book for encouraging this insane litagation culture to feed his own pocket.
And the last thing I want is a recall - mine is working perfectly.
Why would you buy a machine with a $99 return poli (Score:2, Interesting)
From what I've heard on other sites discussing the power pack problem, the warranty requires you to submit a $99 payment with the system when attempting to receive repair or replacement.
WHY would someone buy a product with such lousy coverage??
That's fine and dandy.... (Score:1, Interesting)
But what if he can't take it back? That's the thing that really pisses me off about electronics, software, and music: once you open the fucker, you can't return it in many cases. It really pisses me off regarding the EULAs for software, either accept it or don't use it, either way you bought it and therefore the publisher and retailer gets their money! I'm sure for that reason, EULAs can't be enforced in court - at least with store bought software.
I don't know what my point is. I've stopped buying electronics and music. I only buy software when I really have to. Otherwise, I live without it.
Re:Responsibility (Score:3, Interesting)
I think the issue is that a lot of people are assuming every XBox 360 will have exactly the same heat output. This is fairly obviously not true - the CPU cores, GPU, and memory can vary in their heat output. The real problem seems to be Microsoft has been a little over-optimistic about what heat output maximum they'll accept. End result, they get a lot of returns, which is going to be costing them a fortune anyway.
If there's an issue with people following the instructions (don't put on carpet, leave space around it), it overheating and Microsoft not replacing it, okay, but this just sounds like the guy is hoping he can make himself some more money...
Re:Oh please (Score:3, Interesting)
Liability and suing (Score:5, Interesting)
Now this US situation is this : you can sue ANYBODY. Naturally a judge might throw your claim out, or even kick you out of the court for contempt, your claim might not even go beyond a first hearing or whatnot. Suing does not guarantee you have a claim, it only means you THINK you have a claim. See for example each year the tax protester suing the federal governement (NONE get beyond the judge throwing the claim out or even laughing and in one documented case calling the claimant a fool). So in that case, since a solution already exists (replacement of the unit) then the lawsuit won't probably go very far. That is, unless he can prove 1) that he can't get a replacement or a refund from MS/reseller or/and 2) the overheating unit involve a life risk and/or already damaged a person and/or possessions(items).
Re:Why not just return the thing? (Score:1, Interesting)
Why is everyone blaming the victim ? (Score:3, Interesting)
So the guy is wrong in suing MS, maybe. But somewhere I hope this will make the major manufacturers avoid selling crap they haven't properly tested first. [The following sentence is not flamebait so please] If they can actually sell a console that overheats in less than 20 minutes without knowing of the problem, it's scary to think how they handled their OS design, where flaws are less visible but can be just as bad.
Glitch or Design Flaw??? (Score:5, Interesting)
"A Chicago man who bought Microsoft Corp.'s new
Xbox 360 has sued the world's largest software maker, saying the new video game console has a design flaw that causes it to overheat and freeze up...."
My car has a glitch/design flaw as well. If I start it and leave the keys in the ignition and then get out of my car and lock the doors, I can't get back into my car without modding my car's window or calling in "experts" (legally registered tax paying business, or the type registered by the sheriff's department).
I have a 360 and it does run hot....they need to have proper ventilation, probably more so than any other computer or A/V component I've ever owned. I'm not sure how well the manual states this as I never read them (hey this is
Now was it wise of MS/partners to design it this way (to run as hot as it does and require so much ventilation)? Who knows what their design specs say. But just image taking your tower PC, shrinking by a factor of 4-5 times and then cranking up the CPU/GPU full throttle and think about how much heat would be generated. I'm not saying it's an excuse, but owners of some of the new high powered high tech toys may need to be educated on how well this ptoys work as a space heater.
A bit ironic (Score:2, Interesting)
If this were any other Microsoft product, everyone would be supporting this guy/joining the suit/boycotting Microsoft.
sigh..
Re:Oh please (Score:2, Interesting)
It's even better when you called after 3 days of waiting and a supervisor tells you it's actually not overnight and you'll just have to wait.
I just hope my replacement is on the way before all the units waiting for christmas power-up clog up MS support even more.
At least Geometry Wars doesn't freeze mine.
Re:When in doubt... (Score:3, Interesting)
Ah, but you are totally incorrect! The latter half of the statement is true. The device was tested thoroughly and the conclusion was that the device is not to be placed in an enclosed space or on a soft surface which will obstruct airflow. This information is in the manual. It's the consumer that isn't being tested thoroughly enough these days, the products are just fine.
See here:
http://www.xbox.com/en-US/support/getstarted/syst
Prevent the Console from Overheating
Do not block any ventilation openings on the console or power supply. Do not place the console or power supply on a bed, sofa, or other soft surface that may block ventilation openings. Do not place the console or power supply in a confined space, such as a bookcase, rack, or stereo cabinet, unless the space is well ventilated.
Do not place the console or power supply near any heat sources, such as radiators, heat registers, stoves, or amplifiers.
The first time I got into this argument there weren't scans or PDFs of the manual available online, but it appears that now there are:
http://assets.xbox.com/en-us/support/na-console-f
And lo and behold, on page three of the manual it says exactly what I quoted above. What we have here is a case of "dumb consumer" and not "bad product." If you don't read the manual and consequently use a device in a manner in which it is not intended, it's your own goddamn fault and not the fault of the manufacturer who tried to instruct you about the proper use of the console. Short of putting an ugly sticker on the console that says "Read the manual, dumbfuck!" what more can they do? They recognized the operating constraints of the console as a result of thorough testing and they notified the consumer of the limitations inherent in that design. If you read the manual and don't like what you read, return the product. Don't bitch and moan and sue because you can't use it in a way other than it's described in the manual.
Re:Why not just return the thing? (Score:1, Interesting)
Of course, the email also said that MS would pay quick(overnight?) shipping both ways.
Re:The Manual (Score:3, Interesting)
The lawsuit is inappropriate, but this is the clearest way to make manufacturers learn to not make and sell sub-standard products.
Re:If you think making the loser pay is a good ide (Score:3, Interesting)
The solution, obviously, is to make lawyers work for free.
Sad example of society (Score:2, Interesting)
Re:fp? (Score:3, Interesting)
As an engineer, I see this primarily as blindly grasping at form and fumbling function as a direct consequence. I don't think it is excusable; I don't have a problem with requiring reasonable vent space on the main unit, but having to hang the cord tumor by string... that's way, way, way over the top. Can you imagine trying to use one of these in an apartment without air conditioning? Probably set the bloody building on fire. :/
I'm really glad I waited. I have five to buy — three sons, one for me, one for the lady of the house — I think MS really impregnated the canine, here. We'll see what batch #2 looks like. In the meantime, XBox1 will do.
And BTW... All of our PS2's are original launch units -- and they're all still working fine.