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Microsoft sued over Xbox outage

gnomexxxgnomexxx Member Posts: 2,920

I say GOOD!  Now if we can only extend this to games being released when they're only half finished, we might start making some progress in the name of gamers.  I've never understood how we can get mistreated and never have any kind of recourse.  Imagine how quickly developers would make sure their games were actually finished if there were a couple of class action lawsuits against them.

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January 4, 2008 3:42 PM PST

Microsoft sued over Xbox outage

Posted by Ina Fried

Microsoft now faces a lawsuit over recent problems with its Xbox Live online gaming service.

Three Texas residents filed a lawsuit Friday on behalf of themselves and others who have had trouble connecting to Xbox Live in recent weeks.

The suit, filed in U.S. District Court in Houston, claims Microsoft's outages represent a breach of contract and negligent misrepresentation for which the software maker is liable. The suit doesn't claim specific damages, but notes the amount is in excess of $5 million.

In the suit, the plaintiffs allege that Microsoft should have known strong holiday sales would tax its servers. "Microsoft knew the increase in subscriptions would increase game-play on its servers, yet failed to provide adequate access and service to Xbox Live and its subscribers."

Microsoft has apologized for the outage and said it would allow Xbox live subscribers to download a free game.

A Microsoft representative was not immediately available for comment.

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Comments

  • zlayzerzlayzer Member Posts: 81

    1 GAME? And download it?!?! And well microsoft never does anything right.... Just look at vista! it was released before it was done! And isnt really stable now either! and it drains 1gb of extra RAM which is really unesecary because they have mainly focused on the looks.

     

    I hope microsofts never makes computer parts because they would probbly be delivered unfinished and with errors.

    I reinstalled windows XP a few days ago then i ran a scan with Registry Mechanic and guess what? it found like 30 errors.

    And then i downloaded Directx 9.0c and it had a virus in it! (i used AVG to scan with)

  • DraenorDraenor Member UncommonPosts: 7,918

    Unless that game is a triple A title made by an established developer then they need to give me a free month of xbox live, kthx.

    Your argument is like a two legged dog with an eating disorder...weak and unbalanced.

  • KorususKorusus Member UncommonPosts: 831

    This lawsuit would last all of five seconds on a Judge's desk.  The title of the thread should be "Three morons with a bizarre sense of entitlement and horrible legal advice sue Microsoft for free money".

    The plaintiffs agreed to Microsoft's terms in the contract which states:

    "We provide the Service "as-is," "with all faults" and "as available." The Microsoft Parties give no express warranties, guarantees or conditions..."

    And they have the balls to claim Microsoft breached the contract...they must have forgotten to read it themselves.

    Microsoft is being generous here by even offering a token arcade game, they are in no way obligated to offer any compensation as I'm sure everyone that has ever played an MMORPG here knows all too well.

    ----------
    Life sucks, buy a helmet.

  • Rikimaru_XRikimaru_X Member UncommonPosts: 11,718

    Do you really think their damages is worth 5 million and if they are doing it on behalf of all Xbox users with trouble, will we be getting money for this? NO. This case is gonna die a quick death, by a headshot. These kids crying over their video game and think they should have 5 MILLION over their troubles? These Texans are crazy.

    -In memory of Laura "Taera" Genender. Passed away on Aug/13/08-
    |
    RISING DRAGOON ~AION US ONLINE LEGION for Elyos

  • Thing people dont get about Class Action Lawsuits is you get olmest nothing out of it.  While it may pay out millions it had to pay out to millions of people.

     

  • zlayzerzlayzer Member Posts: 81

    I think i'll sue Glocalnet because i was left without internet for 20-40min J/K

  • DraenorDraenor Member UncommonPosts: 7,918

    Originally posted by Korusus


    This lawsuit would last all of five seconds on a Judge's desk.  The title of the thread should be "Three morons with a bizarre sense of entitlement and horrible legal advice sue Microsoft for free money".
    The plaintiffs agreed to Microsoft's terms in the contract which states:
    "We provide the Service "as-is," "with all faults" and "as available." The Microsoft Parties give no express warranties, guarantees or conditions..."
    And they have the balls to claim Microsoft breached the contract...they must have forgotten to read it themselves.
    Microsoft is being generous here by even offering a token arcade game, they are in no way obligated to offer any compensation as I'm sure everyone that has ever played an MMORPG here knows all too well.

    I know that this is all true, and it makes me sad...that companies can offer a service such as xbox live and have people pay and then put in a claus that basically says "you can use it whenever we feel like letting you use it and we can half ass it as much as we want and you still have to pay and can't have a refund" is pretty sad.  Yeah yeah, I signed it after that claus was put into the contract, it still sucks that companies do that...customers pay for a service like xbox live in good faith that a company will provide the service, or at least provide it on a level that makes games somewhat playable...as it stands, I can't even get into a game of Call of Duty, I'm on my third 360, and am getting a little bit fed up.

     

    ps.  Don't try to tell me that I shouldn't have bought a 360 or any of that other stuff...I don't care.  I don't want to read "You should have bought a ps3 blah blah blah"  or "you should just get a good PC to play all of your games on blah blah blah" because you know what?  I figured that I was getting what I was paying for with the 360..I had no idea that I would be on my third 360 only 6 months later...so you can go ahead and bite me.

    Your argument is like a two legged dog with an eating disorder...weak and unbalanced.

  • gnomexxxgnomexxx Member Posts: 2,920

    Originally posted by Korusus


    This lawsuit would last all of five seconds on a Judge's desk.  The title of the thread should be "Three morons with a bizarre sense of entitlement and horrible legal advice sue Microsoft for free money".
    The plaintiffs agreed to Microsoft's terms in the contract which states:
    "We provide the Service "as-is," "with all faults" and "as available." The Microsoft Parties give no express warranties, guarantees or conditions..."
    And they have the balls to claim Microsoft breached the contract...they must have forgotten to read it themselves.
    Microsoft is being generous here by even offering a token arcade game, they are in no way obligated to offer any compensation as I'm sure everyone that has ever played an MMORPG here knows all too well.
    You might be right, but I don't think lawyers usually take on cases unless they think they can win it.  Otherwise, they get in trouble for frivolous lawsuits. 

    Personally, I think something like this is a long time coming.  Think of all the products Microsoft has put out that have been complete crap.  I understand we're not forced to buy them, but are we really not?  Especially if you play games.  It's like they are the defacto standard for PC gaming.  You just can't get around it.

    It's not just Microsoft either, but other software developers.  I think a lot of gamers are getting sick of it.  Microsoft just gets the brunt of it because they suck all around on most everything.

    Imagine if Microsoft were in the car business.  Would you buy a Microsoft car?  Why is it that something being released before thorough testing and debugging is okay for us?

    And then you've got these strange Microsoft apologists.  I've never understood them.

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  • DraenorDraenor Member UncommonPosts: 7,918

    "And then you get those microsoft apologists"

    Because without a microsoft, you would still be down in your basement playing Dungeons and Dragons with a bunch of pimply faced friends, and the best computer game you would have ever played would have been Mavis Beacon, so I can't imagine why anyone would think that Microsoft, or Bill Gates, is the antichrist..unless you're Mavis Beacon.

    Not that I'm not pissed off...but I give credit where credit is due.

    Your argument is like a two legged dog with an eating disorder...weak and unbalanced.

  • zlayzerzlayzer Member Posts: 81

    If there wasnt a microsoft so would linux and Mac get all the bad feedback

  • ColdmeatColdmeat Member UncommonPosts: 3,410


    Originally posted by gnomexxx
    Originally posted by Korusus This lawsuit would last all of five seconds on a Judge's desk. The title of the thread should be "Three morons with a bizarre sense of entitlement and horrible legal advice sue Microsoft for free money".
    The plaintiffs agreed to Microsoft's terms in the contract which states:
    "We provide the Service "as-is," "with all faults" and "as available." The Microsoft Parties give no express warranties, guarantees or conditions..."
    And they have the balls to claim Microsoft breached the contract...they must have forgotten to read it themselves.
    Microsoft is being generous here by even offering a token arcade game, they are in no way obligated to offer any compensation as I'm sure everyone that has ever played an MMORPG here knows all too well.
    You might be right, but I don't think lawyers usually take on cases unless they think they can win it. Otherwise, they get in trouble for frivolous lawsuits.
    Personally, I think something like this is a long time coming. Think of all the products Microsoft has put out that have been complete crap. I understand we're not forced to buy them, but are we really not? Especially if you play games. It's like they are the defacto standard for PC gaming. You just can't get around it.
    It's not just Microsoft either, but other software developers. I think a lot of gamers are getting sick of it. Microsoft just gets the brunt of it because they suck all around on most everything.
    Imagine if Microsoft were in the car business. Would you buy a Microsoft car? Why is it that something being released before thorough testing and debugging is okay for us?
    And then you've got these strange Microsoft apologists. I've never understood them.

    So you do all your PC gaming on a Mac, then? Or do you use Linux?

  • zlayzerzlayzer Member Posts: 81

    Coldmeat just to inform you so are there programs which allow you to play games for Windows on Linux.

    There are probbly some for Mac aswell

  • ColdmeatColdmeat Member UncommonPosts: 3,410


    Originally posted by zlayzer
    Coldmeat just to inform you so are there programs which allow you to play games for Windows on Linux.
    There are probbly some for Mac aswell

    No shit? <- For the sarcasm impaired, I am already well aware of Wine, and Cedega. As for Macs, I could give two shits if Macs allow you to communicate directly with god, they still suck.

    Also, not the point.

    Some douchebags are crying because they couldn't log in to a video game server for a few days. What they really need to do is man up, and stop crying like bitches. XBL Gold is what $8ish a month? Service was spotty for a week, so divide 8x4... $2. There's your fucking refund. Same thing you get if your phone, or cable, or internet goes out for a bit. And I guarantee one or more of the three have gone out in the last year(probably more than once), regardless of your carrier/isp.

    Hell, they're giving out a free game for what should be a $2 refund. A 1600 pt card is $19.99 at EB, etc. So, 10 bucks for an 800 pt game. I fail to see the huge issue that it requires a lawsuit, given the Microsoft apologized, and are giving everyone a free game, since it's likely easier for them than trying to credit one week of service.

    Shit happens. Servers crash. Get over it, and grow the hell up already.


    This just in! Sometimes cell phones lose their signal! News at 11.

  • zlayzerzlayzer Member Posts: 81

    Well some are greedy and some are just idiots who have nothing to do....And i'm not saying that you are a idiot i'm saying that the idiots trying to sue microsoft are idiots.

     

    I dont see why anyone wants to buy a xbox when it's just a comp that you plug into your tv....

  • Rikimaru_XRikimaru_X Member UncommonPosts: 11,718

    Originally posted by Coldmeat


     

    Originally posted by zlayzer

    Coldmeat just to inform you so are there programs which allow you to play games for Windows on Linux.

    There are probbly some for Mac aswell

     

    No shit? <- For the sarcasm impaired, I am already well aware of Wine, and Cedega. As for Macs, I could give two shits if Macs allow you to communicate directly with god, they still suck.

    Also, not the point.

    Some douchebags are crying because they couldn't log in to a video game server for a few days. What they really need to do is man up, and stop crying like bitches. XBL Gold is what $8ish a month? Service was spotty for a week, so divide 8x4... $2. There's your fucking refund. Same thing you get if your phone, or cable, or internet goes out for a bit. And I guarantee one or more of the three have gone out in the last year(probably more than once), regardless of your carrier/isp.



    This just in! Sometimes cell phones lose their signal! News at 11.

     

     

     

    And you have just used one of my top 10 words of 07 and QFT. I can understand being upset about it, but I mean come on, do they ever have much problems? NO, close to none. Not everything and everyone is perfect so just be quiet while they work on the problem.

    -In memory of Laura "Taera" Genender. Passed away on Aug/13/08-
    |
    RISING DRAGOON ~AION US ONLINE LEGION for Elyos

  • SkollSkoll Member Posts: 442

    This is insane! 5 million?! I hope these people receive a verbal smack-down.

    This video says it all : I'll sue ya!

     

  • gnomexxxgnomexxx Member Posts: 2,920

    Originally posted by Draenor


    "And then you get those microsoft apologists"
    Because without a microsoft, you would still be down in your basement playing Dungeons and Dragons with a bunch of pimply faced friends, and the best computer game you would have ever played would have been Mavis Beacon, so I can't imagine why anyone would think that Microsoft, or Bill Gates, is the antichrist..unless you're Mavis Beacon.
    Not that I'm not pissed off...but I give credit where credit is due.
    I prefer a more competitive market. 

    Did you ever see a movie called Titans of Silicon Valley?  I think that was the name.  If not, check it out.

    I'm all for giving credit too, but not to someone who is crooked or stifles the free market. 

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  • gnomexxxgnomexxx Member Posts: 2,920

    Originally posted by Coldmeat


     

    Originally posted by gnomexxx


    Originally posted by Korusus
     
    This lawsuit would last all of five seconds on a Judge's desk. The title of the thread should be "Three morons with a bizarre sense of entitlement and horrible legal advice sue Microsoft for free money".

    The plaintiffs agreed to Microsoft's terms in the contract which states:

    "We provide the Service "as-is," "with all faults" and "as available." The Microsoft Parties give no express warranties, guarantees or conditions..."

    And they have the balls to claim Microsoft breached the contract...they must have forgotten to read it themselves.

    Microsoft is being generous here by even offering a token arcade game, they are in no way obligated to offer any compensation as I'm sure everyone that has ever played an MMORPG here knows all too well.



    You might be right, but I don't think lawyers usually take on cases unless they think they can win it. Otherwise, they get in trouble for frivolous lawsuits.

    Personally, I think something like this is a long time coming. Think of all the products Microsoft has put out that have been complete crap. I understand we're not forced to buy them, but are we really not? Especially if you play games. It's like they are the defacto standard for PC gaming. You just can't get around it.

    It's not just Microsoft either, but other software developers. I think a lot of gamers are getting sick of it. Microsoft just gets the brunt of it because they suck all around on most everything.

    Imagine if Microsoft were in the car business. Would you buy a Microsoft car? Why is it that something being released before thorough testing and debugging is okay for us?

    And then you've got these strange Microsoft apologists. I've never understood them.

     

    So you do all your PC gaming on a Mac, then? Or do you use Linux?

    I'd give it a shot if the games I like were all on Mac.  I've got no problem with it.

    My brother in law is a Mac user.  He comes over to my house and laughs at me for the things I put up with.  But he's not a gamer. 

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  • paulscottpaulscott Member Posts: 5,613

    pirates of silicon valley.   and my is that film burned into my head, over the course of 4 years in high school with lots of  computer tech classes I've watched no less than 8 times...

     

    and where does 5 million come in?  it should be the price of any failed down loads,  legal fees and that months fees returned.    granted then it would never see the court room.

     

    the legal system shouldn't be something that you should milk.

    I find it amazing that by 2020 first world countries will be competing to get immigrants.

  • DraenorDraenor Member UncommonPosts: 7,918

    Originally posted by gnomexxx


     
    Originally posted by Draenor


    "And then you get those microsoft apologists"
    Because without a microsoft, you would still be down in your basement playing Dungeons and Dragons with a bunch of pimply faced friends, and the best computer game you would have ever played would have been Mavis Beacon, so I can't imagine why anyone would think that Microsoft, or Bill Gates, is the antichrist..unless you're Mavis Beacon.
    Not that I'm not pissed off...but I give credit where credit is due.
    I prefer a more competitive market. 

     

    Did you ever see a movie called Titans of Silicon Valley?  I think that was the name.  If not, check it out.

    I'm all for giving credit too, but not to someone who is crooked or stifles the free market. 

    I would think that of all people you would be the first to defend Bill Gates...you obviously know something about him that I do not...I'll look into it and see if I can find anything that he has done that I would deem unconstitutional.

    Your argument is like a two legged dog with an eating disorder...weak and unbalanced.

  • SyrupBoySyrupBoy Member Posts: 45

    I didn't seem to be having any trouble with live. I couldn't do anything with it when i was on the dashboard but it worked just fine ingame. But hell if I'm getting a free game out of this they should sue for stupid things more often.

  • AelfinnAelfinn Member Posts: 3,857

    This thread just wouldn't be complete without Ctrl-Alt-Delete's take on the situation

     

    No man is an island, entire of itself; every man is a piece of the continent, a part of the main. any man's death diminishes me, because I am involved in mankind, and therefore never send to know for whom the bell tolls; it tolls for thee.
    Hemingway

  • UmbroodUmbrood Member UncommonPosts: 1,809

    Originally posted by Coldmeat


     
     
    No shit? <- For the sarcasm impaired, I am already well aware of Wine, and Cedega. As for Macs, I could give two shits if Macs allow you to communicate directly with god, they still suck.
    Also, not the point.
    Some douchebags are crying because they couldn't log in to a video game server for a few days. What they really need to do is man up, and stop crying like bitches. XBL Gold is what $8ish a month? Service was spotty for a week, so divide 8x4... $2. There's your fucking refund. Same thing you get if your phone, or cable, or internet goes out for a bit. And I guarantee one or more of the three have gone out in the last year(probably more than once), regardless of your carrier/isp.
    Hell, they're giving out a free game for what should be a $2 refund. A 1600 pt card is $19.99 at EB, etc. So, 10 bucks for an 800 pt game. I fail to see the huge issue that it requires a lawsuit, given the Microsoft apologized, and are giving everyone a free game, since it's likely easier for them than trying to credit one week of service.
    Shit happens. Servers crash. Get over it, and grow the hell up already.
     
     
     
     
     
     
     
     
     


    This just in! Sometimes cell phones lose their signal! News at 11.
     
     
     
    Can not say I understand your reasoning.

    A bitch to me is someone who takes it up the ass without complaining.

    A Grown up is someone who sends the soup back if it sucks, or returns an item because it did not fulfill its promises.

    At least to me the exact opposite of what you seem to associate them things with.

    But each to their own I guess.

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    Originally posted by Jerek_

    I wonder if you honestly even believe what you type, or if you live in a made up world of facts.
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