Class action suit filed over Xbox Live outage
Category: Xbox 360, Posted: 01/05/2008 at 01:22PM CST by Eddie Inzauto, Senior Editor
Over the holiday season, the incredible popularity and vast userbase of Xbox Live managed to break Microsoft's service, causing intermittent outages over the course of about 10 days. Microsoft has already issued apologies, and even a free Xbox Live Arcade game as a sort of consolation for all Live members.
Well, that's not enough for some gamers. A Texas-based group of....three....has filed a class-action lawsuit against Microsoft over this issue, seeking compensation for damages such as Live subscription costs and attorney fees. According to the suit, Microsoft was in breach of contract and "failed to exercise reasonable care or competence in communicating information regarding the nature of services offered through Xbox Live."
The Seattle Times has the complete nine-page complaint available for download in .pdf format at their website. I didn't bother reading it, because I think the whole thing is just silly. These guys should just suck it up like everyone else did. Sh!t happens.
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While I agree that MS "failed to exercise reasonable care or competence in communicating information regarding the nature of services offered through Xbox Live." I don't think it's enough to warrant a freaking lawsuit. Ridiculous. I hope MS stomps them in court (if it gets that far).
People can bash me all they want, but i feel that a free game is not enough. I think that all existing Xbox Live members should get a free 1 year renewal to Xbox Live. especially after i lost all of my game saves from one of their updates.
We have been "sucking it up" with hardware troubles, Live issues, etc, since the Xbox 360 launched, but enough is enough. How they were not prepared for more users when they knew that Halo 3 and Call Of Duty 4 would install a huge number of Live users (plus all of the other existing online games like Gears Of War) is no excuse. I just don't want to hear it anymore and apologies do nothing for me.
I think that Microsoft should have, for people like me who don't troll their website/forums/blogs of employees, at least said something ON THE NEW INSIDE XBOX FEATURE THAT THEY ADDED! Seriously, Inside Xbox is a useless feature, and it could have been put to good use by acknowledging this issue, instead of seemingly sweeping it under the carpet for people who don't spend all of their time in a web browser.
That is a great idea Bahamut. Perhaps you should forward your suggestion to Microsoft. Some people that i know do not even have a pc and only have a router/modem to play Xbox Live, so this would reach the entire install base as soon as they turn on the 360.
I was surprised they even offered a XBLA game, they don't have to, they haven't broken the TOS agreement, really we don't deserve anything. (yes, we, I am a Gold subscriber)
I thought it was pretty cool that they offered Xbox users a free game. But what they totally failed on was alerting their subscribers about why the service was down. Major Nelson didn't say anything about the problem until December 31st, which was way after the fact. Nobody knew what was happening and on this point, Microsoft gets an "F." Should they be sued, probably not. Did they drop the ball? Definitely.
they deserve it, wannabe system for casual people. Half the features you need you have to pay extra for.
buy a PS3 all the features are included in the system price.
Why does evreyone sue evreyone? Big girls.
Microsoft are pretty much obliged to compensate for breach of contract. Although they have said everyone can have a free game, the customers don't have to accept this and can push the company for a new offer.
16. WE MAKE NO WARRANTY
We provide the Service "as-is," "with all faults" and "as available." The Microsoft Parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
That right there is why this case will be thrown out and we are even lucky we're getting a free game at all.
So, what is this I'm hearing about people losing their save files, because of the crash?