AfterDawn: News

Microsoft sued over scratched Xbox 360 discs

Yesterday, an unhappy Xbox 360 user filed a class action lawsuit against Microsoft over damage done to his discs by the console. What does the gamer want out of the lawsuit? All his games replaced or "equal monetary compensation" for them.

The gamer claims that the laser in the Xbox 360 caused permanent damage to his retail bought games and that the attached documentation that comes with the system does not mention anything or advise against moving the console while it is turned on.



The lawsuit also states that damage can occur while the console is stationery.

The lawsuit comes on the heels of Microsoft's $1 billion USD move to give customers warranty extensions and free repairs if there system experiences general hardware failure.

Source:
BetaNews

Written by: Andre Yoskowitz @ 10 Jul 2007 17:21

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• 46 comments

• gozilla

  Quote:the attached documentation that comes with the system does not mention anything or advise against moving the console while it is turned on. if your disc's where damaged because you moved the console while the game was in it, then your an idiot and should be shot. as far as i can remember, ever CD-based console had a warning not to move the unit while it was operational.
  
  if however this happens because of cheap DVD drives used by Microsoft, then they should be shot.

  10.7.2007 17:50 #1

• cheezy_P

  i might be wrong, but didn't m$ already start a program to replace scratched discs like this? does anyone else remember this?

  10.7.2007 18:05 #2

• faqman98

  if you ask me i think that MS and sony are being treated by the media way worse than they should. cuz if you think about it ms wanted to get the product as cheap and fast as possible to the market and by doing so they had to cut a few corners to make a $400 console have BETTER graphics than a good pc that costs over twice as much 2 years after launch. and as for sony they just wanted to push the envelope with graphics capabilities beyond what most gaming pc's can do today or even in a year yet they are being constantly harassed about the price even when they are losing money

  10.7.2007 19:13 #3

• vinny13

  That's what happens when you cut parts to save money... especially in a disc-drive!

  10.7.2007 19:48 #4

• spydah

  I had a few disc's when i first got my 360 that got destroyed because of a slight grazing on my first 360. I think during that time i slightly touched it and it put that deep ring around the games. So if that guy/girl choose to keep doing that they probably should be shot. Good thing for me the dude i got my system and games from hooked me up on 3 games that the laser screwed up. All i can say was lesson learned dont touch the 360 while its on even if its nothing but a slight touch or grazing or whatever.

  10.7.2007 19:52 #5

• vinny13

  Originally posted by spydah:I had a few disc's when i first got my 360 that got destroyed because of a slight grazing on my first 360. I think during that time i slightly touched it and it put that deep ring around the games. So if that guy/girl choose to keep doing that they probably should be shot. Good thing for me the dude i got my system and games from hooked me up on 3 games that the laser screwed up. All i can say was lesson learned dont touch the 360 while its on even if its nothing but a slight touch or grazing or whatever.That's kind of sad... don't you think? You pay like $500.00 for a console with games that will burn your money if you accidently bump into it and so on. I'd like to see it last a road trip :P
  
  But why would you want to put that in your car? I would be like a mini heat wave. 'Would be nice for those cold winters though :)

  10.7.2007 19:57 #6

• osnap

  if he/she wins
  
  i'm going to do this
  
  lol

  10.7.2007 20:23 #7

• gallagher

  can you say r-e-t-a-r-d? He should be thrown in jail just for wasting my time reading this. I am a teacher==> Xbox + Idiot = Scratched Discs

  10.7.2007 20:32 #8

• spydah

  Yeah it did suck but since they swapped my last system i havent had that issue. I have gone as far as turning it on its side a few times with old dvd in the drive to see how bad it is now and i didnt scar it at all. But if you touch where the disc is spinning then its a rap on that disc.

  10.7.2007 20:33 #9

• Andrew691

  Originally posted by cheezy_P:i might be wrong, but didn't m$ already start a program to replace scratched discs like this? does anyone else remember this?
  Yes they do, but as its M$ they charge $20 per game that they replace.
  
  Wouldnt this guy be better off to just use the money he would otherwise be using on all sorts of legal fees, and replace his games. Or hell he could even just take his games down to the local video store and get them resurfaced for less than $5 each, and send his console in to MS and get it "fixed".
  I still however believe that MS should replace any games their poorly made console has screwed up, but as its MS its not bloody likely.

  11.7.2007 02:48 #10

• Riotard

  Originally posted by cheezy_P:i might be wrong, but didn't m$ already start a program to replace scratched discs like this? does anyone else remember this?Yeh they did, u go on their site, its easy to find, u click on it i think it takes like 7 days before u get ur knew game, or soemthing M$ are doing things about it. Once again i have a launch consol, and i've not got this problem. I honestly think soem people are doing stupid thigns with their consols and not looking after them correctly! because as far as i am concered with the launch consols having somethign stupid liek over 90% returned, and my one is still going ppl just don't no how to look after theirs.
  
  Note: i've played mine 12 hours striagth with GoW (mosts CPU and GPU heavist game out)

  11.7.2007 04:04 #11

• DoomLight

  i had my xbox since january and it has done none of the scratching crap. i dont move mysystem around. it just sits vertical the whole time, it has over spun a disc a few times. but no scratches.
  
  i had my system warrantied and i believe they replaced the drive anyway. cause now it seems to work better. anyway
  
  this guy is an idiot if he thinks he'll win this class action against microsoft.

  11.7.2007 05:12 #12

• Poohouse

  Man this happen to me and i never moved my 360 with the disc in it plus it did it to 3 games all has a deep ring around them keep in mind i paid 59.00 dollars a gm. MS told me that the games were not cover and it is nothing they could do. MAN SUE THEM MONEY HUNGRY FUCKERS!!!!!!

  11.7.2007 06:33 #13

• ZippyDSM

  ....first off MS should offer free disc replacement to all preium Live users for live users theirs a 5$ fee,if you never setup live a 10$ fee would be appropate anythign more and and its blanat profiting off scratched games.

  11.7.2007 08:07 #14

• emugamer

  Originally posted by ZIppyDSM:....first off MS should offer free disc replacement to all preium Live users for live users theirs a 5$ fee,if you never setup live a 10$ fee would be appropate anythign more and and its blanat profiting off scratched games.That is a good idea. Buying insurance for a game. They are expensive, and due to copywrite laws, most stores, if not all, will not take back any media (game, CD, DVD, etc....). I do believe that I was able to replace a damaged game once at Best Buy. But that was a couple of years ago.

  11.7.2007 08:15 #15

• ZippyDSM

  Quote:Originally posted by ZIppyDSM:....first off MS should offer free disc replacement to all preium Live users for live users theirs a 5$ fee,if you never setup live a 10$ fee would be appropate anythign more and and its blanat profiting off scratched games.That is a good idea. Buying insurance for a game. They are expensive, and due to copywrite laws, most stores, if not all, will not take back any media (game, CD, DVD, etc....). I do believe that I was able to replace a damaged game once at Best Buy. But that was a couple of years ago.You can exchange a game within the stores limited warranty period but tis mostly foolish,you can resale a used game to EB/GS for its "retail value" but they will not touch computer games over piracy/serial concerns,retail is to blame and the industry is to blame for changing to a no return rule the indutry makes bad games and leaves retail to pick up the pieces leaving retial to be creative in their warranty practices.
  
  Its stupid and gives me a headache,they should implement a user data base,you sing up for it and you may exchange up to 3 games a month for another game of its "current retail price" hell even implement a subscription setup, 10 a year gets you a extra 3 returns,25 gets you 10 exchanges a month at a +25% of "current retail price",also on the first level of subscription you may exchange PC games if you have a lot of key/serial issues with 1 persons game they are denied PC exchanges and could lose a years worth of subscription time.

  11.7.2007 08:27 #16

• thekingo7

  honestly who in their right mind would move something like that when it is turned on, common sense dictates not to move something like. Kind of like common sense dictates not ot shake a baby, but their aren't any instruction manuals about that either.

  11.7.2007 08:40 #17

• iwillgetu

  to all you guys who thinks this guy is a quote "idiot" + "retard"
  then you are very sad! whats it got to do with you if this guy wants to sue microsoft?
  imo i think his right, if i bought a shitty console that wrecked my hard earned money then i would be pretty pissed too!!!!
  just because all you microsoft fanboys are too proud to admit that the console of their dreams is a load of b*@:&!@s then go and buy the same game again at your own expense then u my friends are the idiots!!!!!!!!!

  11.7.2007 10:52 #18

• ZippyDSM

  Originally posted by thekingo7:honestly who in their right mind would move something like that when it is turned on, common sense dictates not to move something like. Kind of like common sense dictates not ot shake a baby, but their aren't any instruction manuals about that either.and common sense/fact says this has not happen on a large scale with consoles before...

  11.7.2007 11:04 #19

• windsong

  Originally posted by thekingo7: Kind of like common sense dictates not ot shake a baby, but their aren't any instruction manuals about that either.Obviously you've never been in a maternity bookstore.

  11.7.2007 19:54 #20

• windsong

  I'm just glad I invested in a dual core and a 500gig drive..all for less than half of what an xbox360 costs (already had a radeon x1900)..that blows the Xflop out of the water!!
  
  Not to mention all the superior legacy rpgs that go along with it..Baldur's Gate, Planescape, Ultima, Fallout.
  
  Xbox360 is for amateurs.

  11.7.2007 19:57 #21

• vinny13

  Originally posted by iwillgetu:to all you guys who thinks this guy is a quote "idiot" + "retard"
  then you are very sad! whats it got to do with you if this guy wants to sue microsoft?
  imo i think his right, if i bought a shitty console that wrecked my hard earned money then i would be pretty pissed too!!!!
  just because all you microsoft fanboys are too proud to admit that the console of their dreams is a load of b*@:&!@s then go and buy the same game again at your own expense then u my friends are the idiots!!!!!!!!!I agree. I don't have any next gen. consoles, but I've played 360 almost everyday at my friends house for like 2 hours straight, and I still don't want one. They're too cheap! I can understand saving a doller or 2 on production cost, but not like $50! I'm suprised his system never overheats. It gets so hot. It turns his room into a sauna. It's not a release date either. And all his games are scratched, yet he takes so good care of it. And then what's the point of paying for "Live" if all your gonna do is play with a bunch of immature racists?
  
  Sure every system has their faults, but that has way too many.

  11.7.2007 20:03 #22

• ZippyDSM

  Originally posted by windsong:I'm just glad I invested in a dual core and a 500gig drive..all for less than half of what an xbox360 costs (already had a radeon x1900)..that blows the Xflop out of the water!!
  
  Not to mention all the superior legacy rpgs that go along with it..Baldur's Gate, Planescape, Ultima, Fallout.
  
  Xbox360 is for amateurs.
  ......any one system is for "amateurs" and fanboys.....

  11.7.2007 20:08 #23

• vinny13

  Systems are for people who can't afford building their own super-computer, like me!
  
  
  I don't even know how, but soon I will learn, and toss this iMac, in like 10 years though. I didn't spend 2Gs to use it only for a couple years!

  11.7.2007 20:22 #24

• ZippyDSM

  Originally posted by vinny13:Systems are for people who can't afford building their own super-computer, like me!
  
  
  I don't even know how, but soon I will learn, and toss this iMac, in like 10 years though. I didn't spend 2Gs to use it only for a couple years!err I meant console,your not a gamer if you just have 1,games are a bit more than just they consoles they are on,for PCs I build around the mobo or CPU doing that you can make it run basic to medium gaming for 3-5 years much like the life span of a console, I plan on upgrading next year but for now my 3700+,1GB of ramm and 7600 AGP will do me fine for PC gaming,I might hold off till mid 09 so I can get a solid high end mobo,it might be 200$ but its the foundation of a PC.
  
  Since PCs are..mmm fickle I try not and spend more than 300 a "part",the same can be said for game systems,the PS3 is a bloated beast and because of it devs are leaving,on the other hand the 360 is incomplete but should be fixed in a year,the PS3 will drop more in price next year,they have lil choice in it,in fact it might be to late, you cant really go wrong with the WII even tho I feel the controls are tacted on in some cases.

  11.7.2007 20:30 #25

• vinny13

  I don't get it? What makes the PS3 "bloated"?
  
  I've been wondering that for some time now :S

  11.7.2007 20:34 #26

• ZippyDSM

  Originally posted by vinny13:I don't get it? What makes the PS3 "bloated"?
  
  I've been wondering that for some time now :S
  the architecture and price,while coding has advanced since the days of the Saturn and such its still annoying to do,also the cheap production scheme the PSX and PS2 had made them the holy grail for devs, now the PS3 is a cross between the saturn and the Xbox, its going to retain some of its franchises and have some new ones but for the most part devs like the 360 or the WII more.
  
  If sony talked this problem a bit diffrently,removed all the wireless stuff had the 20GB in it and sold it for 399 there would be no trouble with it,it would have sold like the WII made a strong foundation for blu ray and devs would not be leaving like rats,but hindsight is always 20/20.
  
  the PS3 has lost the brand power the PS2 had main reason price,because of slow sales and the more interesting nature of PS3 coding its just cheaper and faster to build for the WII and even the 360.
  
  If anythign the PS3 will become like the Xbox was a high end but mostly shallow system,the 360 might might be like the GC and the WII is heading to where the PS2 was.
  
  IF it were not for all the 360 issues I could even say it would be where the PS2 was but the issues + lack of Japaneses interest hurts its world wide ranking.

  11.7.2007 20:47 #27

• vinny13

  Ya not to many people in the east like American products, made in China or not.
  
  The main reason I want a PS3 is because of what the PS2 had. Fun and popular games. I don't like Micro$oft because I've already have had enough problems with that company, and I like the Wii but I don't like how everything has to do with motion. I know it sounds lazy but what happened to just sitting down and taking a break by playing a fun game? I really like how there's NES games too and all that, but I don't need those because I already have 7 NES consoles alone! I have to say though that the Wii is the most eye catching.
  
  What's your thoughts on the PS3 Home?

  11.7.2007 20:57 #28

• thekingo7

  you know what fuck you all, I just made an honest point about the sensible treatment of the 360 (e.g. don't move it when its turned on) and I get ridiculed and called a fanboy. I am by no means a fanboy, I don't even own a third-gen console, let alone have a preference for one.
  I'm jsut stating the fact that unless the electronic device has specifically said you can move it when in use (e.g. walkman, ipod), you shouldn't move it.
  
  These forums have gone down in quality since I got my first computer and joined in 2005. They are a bunch of idiots shooting off their mouths behind several thousand feet of cable. Many of the original good member have left completely or are inactive. I remember when me and theridges and Janrocks used to be the xbox repair forum people to go too. I miss those days.

  11.7.2007 21:27 #29

• ZippyDSM

  Originally posted by vinny13:Ya not to many people in the east like American products, made in China or not.
  
  The main reason I want a PS3 is because of what the PS2 had. Fun and popular games. I don't like Micro$oft because I've already have had enough problems with that company, and I like the Wii but I don't like how everything has to do with motion. I know it sounds lazy but what happened to just sitting down and taking a break by playing a fun game? I really like how there's NES games too and all that, but I don't need those because I already have 7 NES consoles alone! I have to say though that the Wii is the most eye catching.
  
  What's your thoughts on the PS3 Home?
  -----------------------------------------
  =============
  ======
  
  Its not bad,altho I prefer a simple menu driven setup for most things (talking to friends,sending messages,browsing and such) it will have some of that 2, its quite a landmark event tho to setup a virtual world thats free to users (last I checked its free) they can tie in all sorts of marketing crap to it to all in all its not bad,its not great either :P
  
  BTW I might be harsh on the PS3,currently its in the position the Xbox was (nata game wise), from how I see things its going to take the PS3 about 3 years from launch to rebuild its base and show its a solid platform for gaming until its repalced in 011-014,the PS3 dose have the power to last 25-50% longer than most consoles even if they have hit a wall on graphics (the PS3 is almost maxed out graphics wise due to the architecture but who cares it looks great) the PS3 may or may not evolve quickly in coding,software advancement can gain 50% in power but it takes years to get to that point,the PS3 dose have potential but its not ripe yet,and wont be worth picking for another year or 2.
  
  I really think if you cant find something else to get put your moeny away for another year,then get 100$ more worth of games with it when you do get it,also they are playing with the chipset to lower cost this might bring up new issues, don't forget the PS2 went through a DRE faze the 360 is teething on it too at a 2X or 3X rate.
  
  Sadly I still think the 360 is about 100$ to much and its doing what the Xbox did "steal PC games" BWC was raped out of it for time or moeny saving,that with the fail rate, I am not interested in it at this time its worth getting but not yet,I can say the same for the PS3 it needs as much "work" on it done to get it to be the system it should have been to start with.
  
  I mean really what is sony thinking , 20 and 60GB units they droped the 20 to go with a 80 liek WTF...your missing the point and wasting production costs on a unit no one need......they should bit the bullet now and get the PS3 to a 400$ level do a model 2 now get the loses out of the way early to sale more units and games.
  
  MS needs to stop screwing around,first off offer 500K units in North America as instant swaps for bad units that have the recite with them(basically setup a exchange program and slot it for abotu 500K people you need to fill a form and need a Ccard or bank account for verification,when the units come in either have them mail the system to them or mail a photo copy of the proof of purchase,then after that you will get a envelop with a prepaid label on it or if you chose advanced RMA a box to send it all back in) , the rest will still be repaired as needed,keep with the consumer friendliness of the warranty setup 3+ years and free repairs and free shipping,the disc issues as I said above,free swaps for premium live users 5$ fee for free live users and a 10$ fee for everyone else,do it now incur the losses early on regain your rep polish the brand in the end its win win for all.
  
  BTW Vista is a nightmare from beyond I will not buy vista,but I might use it ^_~.

  11.7.2007 21:29 #30

• ZippyDSM

  thekingo7
  so MS is not to be blamed for it eating discs,when its not moving?
  there is a issue with it,be it bad user or bad drive or bad disc,free swaps for premium live users 5$ fee for free live users and a 10$ fee for everyone else, this is not so bad and could help relive the worry of those that back up their games,because its cheap or free to have them replaced it will only add to MSs reputation.

  11.7.2007 21:32 #31

• thekingo7

  What I am saying is that this guy is complaining about his disks being destroyed because of his moving of the console and it should'nt be common sense not to move the console when it is in operation, kind of like how I don't push my computer over when it is turned on, even though it has never been implicitly stated that I shouldn't do so.

  11.7.2007 22:00 #32

• vinny13

  Originally posted by thekingo7: What I am saying is that this guy is complaining about his disks being destroyed because of his moving of the console and it should'nt be common sense not to move the console when it is in operation, kind of like how I don't push my computer over when it is turned on, even though it has never been implicitly stated that I shouldn't do so.It destroys discs when it's not moving too. My friend was playing Gears of War one day and the laser burned a deep black ring around the disc. Everything still worked on the game except the campain lol

  12.7.2007 08:07 #33

• 6Ripper9

  Quote:The lawsuit also states that damage can occur while the console is stationery.I call B.S. on that. I'm on my second 360, and I've yet to see one game get scratched by either of them.
  
  Quote:Wouldnt this guy be better off to just use the money he would otherwise be using on all sorts of legal fees, and replace his games. Or hell he could even just take his games down to the local video store and get them resurfaced for less than $5 eachGood point. He'll spend thousands on legal fees when the most he'd spend is maybe $80 getting the discs resurfaced. I'm actually planning on buying a resurfacing machine, as it will save me money in the long run, and since no store in my town has one, might even make some $$ doing it for others.

  12.7.2007 11:05 #34

• jdm3

  This could be a very important suit. It brings up a very valid reason WHY people should be allowed to make backups and why the rights that are infringed on are the consumers' and not the company's why copy protection, and DRM, are applied.

  12.7.2007 11:32 #35

• mododaz

  Quote:Quote:The lawsuit also states that damage can occur while the console is stationery.I call B.S. on that. I'm on my second 360, and I've yet to see one game get scratched by either of them.
  
  Quote:Wouldnt this guy be better off to just use the money he would otherwise be using on all sorts of legal fees, and replace his games. Or hell he could even just take his games down to the local video store and get them resurfaced for less than $5 eachGood point. He'll spend thousands on legal fees when the most he'd spend is maybe $80 getting the discs resurfaced. I'm actually planning on buying a resurfacing machine, as it will save me money in the long run, and since no store in my town has one, might even make some $$ doing it for others.To stop M$ from getting away with burning hard earned £or$. why should he pay 80$? the weather broke it says m$.the point is if m$ broke it with there console m$ must pay
  
  
  
  i saw this on YouTube early search it up, i think it was"xbox"or"xbox360"

  12.7.2007 12:24 #36

• vinny13

  Originally posted by jdm3: This could be a very important suit. It brings up a very valid reason WHY people should be allowed to make backups and why the rights that are infringed on are the consumers' and not the company's why copy protection, and DRM, are applied.Wow I never thought of it that way. Very smart. I agree.

  12.7.2007 14:52 #37

• buggs1a

  I have had all my games scratched by the Xbox 360 and have never moved it. You can tell the 360 did this because 1: They went into the 360 perfect and came out scratched like crazy and 2: There is a line on the outter edge that can only be made by the 360. Good thing I have filled a BBB cvomplaint and also will be joining that guys class action or whatever else I can do. I am also going to be filing a lawsuit against MS

  12.7.2007 16:35 #38

• ZippyDSM

  BTW the amount of money he wants is not to bad,because its handed out in equal parts to everyone in the class action suit,just think how many new 50$+ games got scratched up by the 360 over a few hundred or a few thousand people.

  12.7.2007 19:39 #39

• barryblue

  Quote:Quote:The lawsuit also states that damage can occur while the console is stationery.I call B.S. on that. I'm on my second 360, and I've yet to see one game get scratched by either of them.
  
  Quote:Wouldnt this guy be better off to just use the money he would otherwise be using on all sorts of legal fees, and replace his games. Or hell he could even just take his games down to the local video store and get them resurfaced for less than $5 eachGood point. He'll spend thousands on legal fees when the most he'd spend is maybe $80 getting the discs resurfaced. I'm actually planning on buying a resurfacing machine, as it will save me money in the long run, and since no store in my town has one, might even make some $$ doing it for others.my 360 burned rings on some of my discs too,,ms replaced the console but not the disc

  12.7.2007 22:39 #40

• vinny13

  Quote:Quote:Quote:The lawsuit also states that damage can occur while the console is stationery.I call B.S. on that. I'm on my second 360, and I've yet to see one game get scratched by either of them.
  
  Quote:Wouldnt this guy be better off to just use the money he would otherwise be using on all sorts of legal fees, and replace his games. Or hell he could even just take his games down to the local video store and get them resurfaced for less than $5 eachGood point. He'll spend thousands on legal fees when the most he'd spend is maybe $80 getting the discs resurfaced. I'm actually planning on buying a resurfacing machine, as it will save me money in the long run, and since no store in my town has one, might even make some $$ doing it for others.my 360 burned rings on some of my discs too,,ms replaced the console but not the discSue them while you still can!!!
  
  lmao

  12.7.2007 22:50 #41

• pushur

  Originally posted by thekingo7: you know what fuck you all, I just made an honest point about the sensible treatment of the 360 (e.g. don't move it when its turned on) and I get ridiculed and called a fanboy. I am by no means a fanboy, I don't even own a third-gen console, let alone have a preference for one.
  I'm jsut stating the fact that unless the electronic device has specifically said you can move it when in use (e.g. walkman, ipod), you shouldn't move it.
  .You make a good point about not moving the console while it's in use
  
  But I would like to call your attention to the fact
  
  My Elite has NEVER moved since i bought it and I’m on my SECOND Store bought copy of Forza 2 and Gears of War
  Both were scratched by the Console while lying horizontal and well ventilated

  13.7.2007 05:05 #42

• vinny13

  Quote:Originally posted by thekingo7: you know what fuck you all, I just made an honest point about the sensible treatment of the 360 (e.g. don't move it when its turned on) and I get ridiculed and called a fanboy. I am by no means a fanboy, I don't even own a third-gen console, let alone have a preference for one.
  I'm jsut stating the fact that unless the electronic device has specifically said you can move it when in use (e.g. walkman, ipod), you shouldn't move it.
  .You make a good point about not moving the console while it's in use
  
  But I would like to call your attention to the fact
  
  My Elite has NEVER moved since i bought it and I’m on my SECOND Store bought copy of Forza 2 and Gears of War
  Both were scratched by the Console while lying horizontal and well ventilatedBecause M$ cut out parts to save money in their disc drives. One thing that I noticed is that the disc doesn't stop spinning when the tray is opened. That probably causes some damage.

  13.7.2007 07:59 #43

• THKO

  If you have an Xbox 360 Console that has scratched your discs and you would like more information about the proposed class action lawsuit filed, please visit the Plaintiff’s attorneys’ website at http://www.Xbox360Litigation.com.
  
  In the lawsuit, the Plaintiff is asking the Court to certify a nationwide class and create a fund for all individuals that have had discs damaged by an Xbox 360. The Plaintiff has alleged that the total minimum amount of damages incurred by all of the individuals combined is at least $5,000,000.00. To be clear, the Plaintiff is not alleging that he or any individual member of the class is entitled to that amount of money. The sum recovered by individual class members will be significantly less than the total damages incurred by the proposed class as a whole.

  15.7.2007 09:14 #44

• borhan9

  Quote:The gamer claims that the laser in the Xbox 360 caused permanent damage to his retail bought games and that the attached documentation that comes with the system does not mention anything or advise against moving the console while it is turned on.This could be the only gray area in this guys lawsuit. Common sense would be not to move any device while it is turned on with CD's in it. If the device was stationary and then it was damaged it would have been a different story.

  17.7.2007 01:34 #45

• GreaTonaz (unverified)

  Originally posted by gozilla: Quote:the attached documentation that comes with the system does not mention anything or advise against moving the console while it is turned on. if your disc's where damaged because you moved the console while the game was in it, then your an idiot and should be shot. as far as i can remember, ever CD-based console had a warning not to move the unit while it was operational.
  
  if however this happens because of cheap DVD drives used by Microsoft, then they should be shot. I agree I had a new game bought and I started playing, after a while the screen went black and a weird noise came from the console. I turned it off and check the disc... it is broken.

  12.8.2010 19:44 #46