Microsoft Served With Xbox 360 Lawsuit

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Some guy in Florida is seeking $5 million in damages from Microsoft because his Xbox 360 scratched two games. While everyone knows that tipping your 360 from upright into the horizontal position will cause this, the guy claims that the he did not tip his and the 360 is simply "negligently designed and manufactured."

Brouwer said his Xbox 360 scratched two games, "Gears of War" and "Madden NFL 07," and that Microsoft offered to replace them for a $20 fee. He is seeking more than $5 million in damages, according to the court filing.
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I think any hope of the courts taking this seriously just went out the window when he asked for $5 million :rolleyes:
 
Yenno, I would understand Cost of Games damaged + Court Fees...hoping that maybe these guys are just sueing for the good of the people...

but 5 million? Whatever.
 
I think he may win...the bill of the court costs...then again you can sue for millions for a pair of pants. :(
 
Kibbles said:
I think he may win...the bill of the court costs...then again you can sue for millions for a pair of pants. :(
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If you're thinking of the guy that recently sued the laundromat, his case got thrown out and the judge was very unhappy with him and his lawyer. ;) This guy has some ground to stand on and since Microsoft just admitted that they are having problems with the Xbox by extending its warranty. He will be getting some money. However, all he should get is the costs of his games + court costs.
 
markt435 said:
the sad thing is...he'll prolly win...
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Oh come on now. This is an example of case that will get thrown out of court quick. These sort of frivolous cases piss judges off. Stop watching Law and Order and other junk T.V. shows.:p
 
Why would MS charge $20 for a disc replacement? It should be free. If I send an original game in that is broken or otherwise defective, I should be able to receive a new one.

If they don't want to replace optical discs that become scratched, use a different form of media.

I wish consoles would go back to the good ole days of cartridges with PCBs and me having to use a pencil eraser to get the damn thing to work. At least it wasn't scratched.
 
$5 million for scratched games? Give me a break! I hope the judge laughs at him.



Eickst said:
Why would MS charge $20 for a disc replacement? It should be free. If I send an original game in that is broken or otherwise defective, I should be able to receive a new one.

If they don't want to replace optical discs that become scratched, use a different form of media.

I wish consoles would go back to the good ole days of cartridges with PCBs and me having to use a pencil eraser to get the damn thing to work. At least it wasn't scratched.
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LoL. If you can't properly take care of your media, you should be stuck with that $20 fee to get it replaced. It isn't free to make the media, so why should they give you a brand new copy for free just because you neglected to take care of your disc. Put the freaking thing back into the case, that's why they give them to you.
 
The title of this thread is perfect. Does it make anyone else laugh?
Seriously it should be if you win you get 5 million dollars, if you loose you pay 5 million dollars to charity. That would fuck him over. :) :)
 
OK, my 360 bellied up and I had to get it fixed. Microsoft is the only one who can fix it, so I think I should sue them for " repair-fixing." All I want is 100,000 dollars.

Seriously.......the disc is scratched, and the guy gets two new ones for a mere 20 bucks. My kids scratch or break one and it costs me 59.99.

What a bozo.........no that would be offending clowns........what a dumbass.:eek:
Good luck with your case, the guy is probably a lawyer.
 
Had it been a class-action suit to cover everyone that has had to pay 20 bucks for replacements due to known manufacturer defect, that's one thing...

This...

...this is just frakkin stupid.

"Yes, your honor, the XBOX scratched my discs causing temporary insanity thereby making me spill hot coffee on myself, burning my legs and causing me to take the pants to the dry cleaners but they lost them."
 
Damnit, yes now I just RTFA... it *IS* intended as class-action. Now it all makes sense, and I'm on his side.
 
lol 360's have been doing this since launch day without any tipping or anything. Its kinda about time someone tries to call Microsoft's screw up. Wish Microsoft would have done something about Generation 1 regular XboX's that used the horrible DVD drive. They refused to fix mine flat out.
 
What a tool bag.. Too bad the judge can't court-order him to be gang raped for being an idiot.
 
Luthorcrow said:
Oh come on now. This is an example of case that will get thrown out of court quick. These sort of frivolous cases piss judges off. Stop watching Law and Order and other junk T.V. shows.:p
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Sure. But the defendant in these cases has to suffer. They're paying legal bills to defend themselves, they might have problems giving up things during discovery, and so on. It'll cost the company a few hundred thousand dollars, at a minimum, and that's just in direct costs.

With the legal climate in the United States, these days, why does anyone bother going into business?
 
This should be a small claims court matter.. The best he could realistically get is a new 360 and a couple of games... The judge will more than likely, not only throw it out of court but, call it a frivolous lawsuit, entitling MS to recoup their legal fees from the idiot..
 
I figure the guy with the scratched disks really only wants $2.5mil, and his lawyer wants the other $2.5 million... Oh yeah, THAT makes them much more reasonable looking , doesn't it ....What a couple of jerks.... Oh, & if it's a class action, why don't we just take up a $5 collection for the greedy lawyers & save us all some wasted time ?
 
If this guy actually wins anything close to what he's asking for, I'm officially moving to canada out of embarrassment of our legal system. :rolleyes:
 
Some judge sued a dry cleaners for 57mil when they lost is favorite pair of pants, you can sue for anything these days.
 
Eickst Gawd

Eickst is online now Report Post
Why would MS charge $20 for a disc replacement? It should be free. If I send an original game in that is broken or otherwise defective, I should be able to receive a new one.

If they don't want to replace optical discs that become scratched, use a different form of media.

I wish consoles would go back to the good ole days of cartridges with PCBs and me having to use a pencil eraser to get the damn thing to work. At least it wasn't scratched.
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I recently bought a pair of sport headphones for when I work out at the gym since I had lost track of my previous ones for $15. It came with a lifetime warranty, but if you actually wanted them to look at it it cost $6 for shipping and handling and of course whatever the cost is of shipping it in the first place to them.

Totally not worth the hassle, but makes them look good for offering a warranty.
 
I hope he wins because its unacceptable for a manufacturer to be so insanely stupid that they allow the lens of the laser to rise so far up that it hits the disc. The PS2 did this to a couple of my games when it cant read the data very well. Its completely ridiculous that something that stupid can happen and manufacturers can just get away with it.
 
mikeblas said:
Sure. But the defendant in these cases has to suffer. They're paying legal bills to defend themselves, they might have problems giving up things during discovery, and so on. It'll cost the company a few hundred thousand dollars, at a minimum, and that's just in direct costs.

With the legal climate in the United States, these days, why does anyone bother going into business?
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Turn off Rush Limbaugh and take a deep breath.:D

I doubt that it will cost Microsoft much money to defend themselves against a baseless lawsuit. This would be a matter easily handled and dismissed in court by the in-house legal team. To imagine that this case would cost a few hundred thousand dollars to defend at minimum is pure hyperbole.

Its popular to believe that judges, lawyers, etc are fools. Doesn't make it so though.:p
 
Fix Me said:
If you're thinking of the guy that recently sued the laundromat, his case got thrown out and the judge was very unhappy with him and his lawyer. ;)
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the guy doing it was his own lawyer. he even included fees for himself as a lawyer in his filings.
 
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