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A class action lawsuit seeks $5 million and free repairs

When Microsoft released the Fall Dashboard Update for the Xbox 360, users expected 1080p, HD DVD, WMA streaming and more. What no one expected was that the update crashed consoles, rendering them mostly useless. Microsoft quickly acknowledged and fixed the problem, and advised those who had bricked consoles to contact Xbox tech support for further instruction.

More than a month after Microsoft’s dangerous Dashboard, a Californian man is leading a class action lawsuit against Microsoft after his own Xbox 360 was disabled by the update, according to Ars Technica’s report.

Apparently, after contacting Xbox tech support following the faulty update, Kevin Ray was refused repair of his console unless he paid the usual $140 charge that Microsoft requires for servicing/exchanging a machine. The class action suit filed in a Washington federal court seeks over $5 million in damages in addition to free repair for all Xbox 360 fallen victim to the Fall Dashboard Update.

Microsoft only warranties Xbox 360s for 90 days following purchase, but users have the option to purchase extended warranty directly for an added fee. Failure rates have been abnormally high, especially among launch window consoles, that Microsoft has agreed to repair all machines manufactured in 2005 free of charge, and issue a refund for those who already paid for repairs of launch units.

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By ATC on 12/11/2006 6:10:30 AM , Rating: 1
WTF is MSFT doing with the 360? I read so many threads on a number of Xbox forums of users being on their 5th, 6th ....etc....360!

And now, they're finding other ways to kill the console - through updates.

Maybe the numbers I see are exaggerated but I got to say it seems Sony has learnt one important lesson from the 360 launch and that is to make a quiet and reliable console at any cost, which the PS3 seems to be right now.

RE: ?
By ThisSpaceForRent on 12/11/2006 6:25:16 AM , Rating: 4
The other thing to consider is you're not going to hear from the majority of the user base that has no issues either.

As far as the class action lawsuit is concerned. I think they might have a valid case. I know usually any sort of software update comes with the caveat that you assume all responsiblity for damage that may result to your system. I'm don't know alot about the updates for the XBox, but I'm assuming that they might be something required to use all of the services on XBox Live. If this were the case, i.e. software needed to use all the services, there might exist an implied warranty. Obviously you can't tell people that they have to upgrade their software to use your service, damage their system, then turn around go, yup them's the breaks. I am making a broad assumption here, if anyone knows, one way or the other, please correct, or confirm this for me.

RE: ?
By Aesir on 12/11/2006 1:02:39 PM , Rating: 2
My dad is on his 3rd 360... The first locked at random times(and it wasn't even a release model, he bought it Q2 '06), the second had vertical sync / "tearing" issues, and so far the 3rd has been just fine (he got all-new replacements, through a store warranty).

He's also on his 3rd Xbox, replaced through Microsoft's "repair" system (probably the world's most incompentent group of repair men), and its showing signs that #4 will soon be needed.

I think optimistically, the quality controls are terrible on these things. Realistically, its positively criminal and MS needs their pants sued off (this coming from somone who has owned a gen 1 PS2 and a gen 1 Xbox, both of which have worked awesome compared to the damn 360).

RE: ?
By The Sword 88 on 12/11/06, Rating: 0
RE: ?
By Tsuwamono on 12/14/2006 5:39:51 PM , Rating: 2

1. My friend Dave is on his 3rd Xbox 360. He put his on a stand above his TV and used the intercooler as soon as it came out. First was the CPU, the second was the GPU and the 3rd was laggy crap for no reason

2. My friend Shayne is on his 2nd 360. He is a neat freak, clean freak and he has his on top of a shelf about 2 feet above the ground and about 1 foot from his TV. His GPU blew after playing Oblivion for 5 hours straight(Except ofcourse for 3-4 pauses for food, washroom and drink breaks of about 2-3 min a piece)

Now i know for a fact that MS has a 3% failure rate on the released consoles' CPUs alone. Thats just the CPUs that were put in xboxs and passed their quality control.

Thats not bad except when you keep in mind thats the ones that were sent for diagnosis. Which means they were the ones that just wouldn't start up at all.

Keep in mind there is still a whole bunch that fried after a few ours use too.

BTW im on my first XBOX 360 and i just bought it last week and im thinking about returning it because it has a bit of a lag issue with rendering in Halo 2 and Gears of war. Sometimes the models show up as a black block and then render afterwards(GoW) and sometimes the model shows up but the shaders show up late(Halo 2 like it did on original XBOX but isn't supposed to happen on 360)

RE: ?
By glennpratt on 12/11/06, Rating: -1
RE: ?
By encryptkeeper on 12/11/06, Rating: -1
RE: ?
By Enoch2001 on 12/11/06, Rating: 0
RE: ?
By encryptkeeper on 12/11/06, Rating: -1
RE: ?
By Samus on 12/11/2006 2:08:49 PM , Rating: 1
your girlfriend IS your xbox. how's the sex?

RE: ?
By Zirconium on 12/11/2006 11:00:29 AM , Rating: 1
He's gone through 7 Xbox 360s in a year? There's something wrong with that boy; I'd dump your gf cuz it might be genetic.

RE: ?
By encryptkeeper on 12/11/2006 11:15:28 AM , Rating: 1
Nope. He's sent it back so many times. Some worked for a little while, some didn't. They never tried to charge him, on the contrary they were always very helpful (which is the odd thing) but by a bad stroke of luck they kept sending him bad consoles.

RE: ?
By JCheng on 12/11/2006 11:48:49 AM , Rating: 4
It's statistically almost impossible that he got 7 bad ones in a row... say each Xbox has a 10% chance of going bad in the first few months (that's an incredibly high estimate, the real number is probably an order of magnitude or two lower). The chances of getting 7 bad ones in a row is 1 in 10,000,000. If the chances of getting a bad one are 1%, then the odds decrease to 1 in 100,000,000,000,000.

So either there's something wrong with his powerline, or he's just breaking the things...

RE: ?
By encryptkeeper on 12/11/06, Rating: -1
RE: ?
By masher2 on 12/11/2006 1:19:22 PM , Rating: 4
> "Damn. If you did the math to figure that out, you are REALLY a loser"

Anyone who can't do the math for that one in their head, in about half a second, is pretty much a loser in my opinion.

RE: ?
By sxr7171 on 12/12/2006 2:12:52 AM , Rating: 2
Ha Ha! Very true. There are just too many stupid people on the internet. People who can neither spell 4th grade level words nor demonstrate the grammar level of a 4th grader. Then there are those who can't even handle basic math in their heads.

RE: ?
By KashGarinn on 12/12/2006 4:33:19 AM , Rating: 5
Hehe, reminds me of that verizon thing on :

The fact people go "omg, he can use his brain to do simple math! He must be a loser" makes me think 2 things

1) they must be americans.
2) they must be working for verizon.


RE: ?
By Christopher1 on 12/11/2006 2:52:34 PM , Rating: 3
There is another possibility: design flaws.

When my father was buying our first Pentium 486 computer 14 years ago, we got THREE in a row that had hard drive problems.

When I bought my Xbox original, I had to return it once to get another console because it fried itself.

Frankly, most homes in the United States have NOTHING wrong with the powerline, and if he had a surge protector on it..... that lets out the powerline problems.

RE: ?
By Aquila76 on 12/11/2006 4:56:09 PM , Rating: 5
When my father was buying our first Pentium 486 computer 14 years ago

That was his problem right there.

RE: ?
By rcc on 12/12/2006 11:50:39 AM , Rating: 3
There are still a substantial number of homes in the US that have power issues. Mostly older construction or rural. Electronics in general don't like low voltage or brown outs. They really don't like it when the power starts to drop, starts to come back up, etc. before stabilizing either on or off. This is related to the warnings you get about not turning something off, then on immediately.

So, is the Pentium 486 the really fast 486? Or the really slow Pentium?

RE: ?
By Tsuwamono on 12/14/06, Rating: 0
RE: ?
By S3anister on 12/11/2006 12:25:17 PM , Rating: 3
something in life must just hate them.

I've had THE SAME xbox360 since day 1 when it came out, yes that's right i waited in a line to get the $400 x360 and it STILL WORKS, i use it for everything, new and old games, and it always gets used as my family's DVD player.

sweet console, and yes, a lot of these consoles work fine without any problems, i think a lot of people just don't treat them right.

RE: ?
By ZeeStorm on 12/11/2006 10:54:30 AM , Rating: 3
I got 3 friends with them, 1 of them their DVD drive broke (on their 2nd one now), 1 of them bricked from update (2nd one now), and 1 had their HDD crash (2nd one now). Ehh, it's so random. I'm just surprised they each had problems with the first one (but they were all launch consoles..)

RE: ?
By ATC on 12/11/2006 6:58:32 PM , Rating: 2
You shouldn't take my word for it; just go to the various Xbox forums (Xbox Scene, Teamxbox etc...) and read the thousands of threads you'll see what I mean.

Just because you didn't have any issues, does not mean those who do are lying.

I've always thought MSFT was a software company first and hardware second, well it sure seems to be a distant second imo.

RE: ?
By kamel5547 on 12/11/2006 12:07:13 PM , Rating: 2
Well considering the general lack of profit form selling the hardware I doubt Microsoft is interested in selling more X-box's than it needs to.

TO tell the truth I have friends who went through tons of X-box's and PS2's... makes me wonder if the operating environment plays a part. It seems to be the exception rather than the rule IMO.

RE: ?
By BladeVenom on 12/11/2006 12:33:09 PM , Rating: 2
While they lost money at the start, costs have fallen, and I've read that they are now making a profit on each console sold.

RE: ?
By h0kiez on 12/11/2006 1:05:06 PM , Rating: 2
Eh. It was reported that the cost to build one is $75 less than the retail price. But that doesn't include retail markup, shipping, packaging, etc. So it's tough to say, but I'd guess they're making very little, or breaking even on each console. Give it a few more months and another die shrink and then they'll really be making money on them.

RE: ?
By Samus on 12/11/2006 2:08:14 PM , Rating: 1
hello....hello....mcfly, anybody in their mcfly?

it's a microsoft product. synonymous with 'patch' and 'fix'. they never get anything right the first try. ever. mostly because their corporate stance is 'lets get it out there and fix it later'

RE: ?
By Ochophosphate on 12/11/2006 2:26:23 PM , Rating: 2
Maybe Sony learned from their PS2 and PS1 as well. I seem to recall a good deal of PS2s failing after launch. One unfortunate friend of mine had his fail after 4 months. I have three PS2 corpses in my home right now (one of my own, and two donated by friends for parts). Most of these "passed on" due to laser alignment issues or drive gears failing. In college, my roomie had a PS1 that had to be placed upside down at an angle for it to play anything at all. Currently my only working playstation is the PSTwo (skinny) that I bought over a year ago.

Of my four closest friends with 360's, three of them have had at least 1 fail (only 1 due to the "red-light" update issue). Two of the three are on their 3rd. The friend that has yet to have one fail hardly uses it at all, which is actually an understatement. He NEVER uses it. But at least he bought the extended warranty just in case. In MS's defense, they had no hassle getting them replaced. But there was some turn-around time involved.

Perhaps this is why I'm reluctant to adopt any of these "next gen" systems... even the PS3. But can I possibly wait for the PSThree (or will they even make one)?

Hilarity ensues
By keitaro on 12/11/2006 6:30:41 AM , Rating: 4
Heh, funny... they bricked customers' units, and they wanted money for fixing what they broke. Now we know the unknown step prior to the "Profit!" step. :)

This case will be settled quickly. If my unit was bricked by a borked software update, all I want is the unit to be fixed and a bit of compensation for the trouble (ie. a few dollars for food). 5 million bucks? I think the guy's asking a wee bit too much.

RE: Hilarity ensues
By FITCamaro on 12/11/2006 6:45:23 AM , Rating: 3
Just another example of a frivolous lawsuit that is going to tie up the courts. He'll get his 360 fixed/replaced for free. I'd love to know what justification he has for wanting $5 million dollars.

"The pain and suffering of not being able to play my Xbox 360 is causing me undue emotional stress..."

RE: Hilarity ensues
By clayclws on 12/11/2006 7:08:35 AM , Rating: 1
The class action suit filed in a Washington federal court seeks over $5 million in damages in addition to free repair for all Xbox 360 fallen victim to the Fall Dashboard Update.

I guess the writer meant to say the USD 5 million is for all X360 owners that had fallen victim to the so-called update.

RE: Hilarity ensues
By Christopher1 on 12/11/2006 7:35:51 AM , Rating: 3
That's exactly what it was: the 5 million was for ALL XBox360 owners whose consoles were rendered non-compis-mentis during thsi period.

Frankly, as much testing as these updates are SUPPOSED to go through, there was NO justifiable reason for the update doing this. Unless, the XBox360 doesn't have a 'partial file' detector that would tell it that the update didn't finish downloading.

I think that's actually what bricked most of the consoles: an incomplete download of the update that the console stupidly still tried to install.

RE: Hilarity ensues
By TheDoc9 on 12/11/2006 1:06:59 PM , Rating: 2
The way I read it is that the 5 mil is for him, the fixing of others consoles is in addition to what he wants.

RE: Hilarity ensues
By masher2 on 12/11/2006 8:09:08 AM , Rating: 2
> "...the USD 5 million is for all X360 owners that had fallen victim."

Actually, the $5 million will go to the ambulance-chasing attorneys filing this suit. The owners will get a coupon for 15% off their next XBox 360 accessory. They'll get their unit fixed for free, of course...but they would have gotten that even without the suit.

RE: Hilarity ensues
By darkpaw on 12/11/2006 9:12:10 AM , Rating: 1
Absolutely correct - the only thing class action suits do is make laywers rich.

The clients usually get some kind of stupid discount voucher or a $5 refund while the laywers make millions.

RE: Hilarity ensues
By kamel5547 on 12/11/2006 12:04:44 PM , Rating: 2
Funny, the last class action lawsuit I was a part of netted me around $350.

RE: Hilarity ensues
By Christopher1 on 12/11/2006 2:55:50 PM , Rating: 2
Wrong. Class action lawsuits are sometimes the ONLY way to get manufacturers, makers, and providers to cough up and do what they should have done in the first place.

Frankly, there should be a limit of 10% or 10,000 dollars (minus hourly fees) for the attorney's in cases, whichever is less.

I am a paralegal, and even I have to say that they have to fix this system, or it is going to drive manufacturers bankrupt sooner or later. Then again however, there are TONS of things that should be fixed or should have been fixed in the American and world legal system, but haven't been.

RE: Hilarity ensues
By Sylar on 12/11/2006 9:14:22 AM , Rating: 2
Compared to most class action lawsuits, 5 million isn't much. What did you expect him to sue MS for, $140? Although that would be a first.

RE: Hilarity ensues
By encryptkeeper on 12/11/06, Rating: 0
RE: Hilarity ensues
By tour2000 on 12/11/2006 10:58:03 AM , Rating: 4
The cost (5 Million) of the lawsuit in "Class Actions" doesn't go to one person. They spread the penalty out to ALL people that were damaged by the action that the suit covers. It allows for penalty to microsoft (idea is they should think twice before they do it again) and a tiny bit of money for each person in class action suit.

Like a recent lawsuit against Verizon. of the total millions, I get like $50 bucks!

i expect the next
By otispunkmeyer on 12/11/2006 7:11:37 AM , Rating: 3
DT article to be

Sony sued for hidden explosive batteries in PS3!

RE: i expect the next
By otispunkmeyer on 12/11/2006 7:19:51 AM , Rating: 2
and actually

i find it pretty disgusting that MS only warrantee's a £300 piece of electronics kit for 90-days

either they were confident it wouldnt break, or they were not very confident about it so they put a short warrantee time to

A) cover their asses when machines inevitably fail after 90 days

B)give BB more leverage to impose RPP or extended warrantees

im sorry but most electronics equipment has at least a 1 year warranty, at least. MS are 275 days short which, IMO, is not satisfactory

RE: i expect the next
By Spivonious on 12/11/2006 9:19:28 AM , Rating: 2
Most electronics gear has between 30 and 90 day warranties. If there's one thing I've learned with my past electronics purchases it's that it either dies out of the box, or works perfectly for years.

FWIW my friend's 360 has had zero problems. When I worked at Gamestop, the only units we'd get back in were ones that the user had stuffed in between other components in an entertainment center. Of course the systems overheated. And even those were approximately 1% of the units we sold in those first few months. After the first batch of 360s was gone we had almost zero returns.

RE: i expect the next
By oTAL on 12/11/2006 2:44:54 PM , Rating: 2
Hooray for the EU!!
Mandatory 2 year minimum warranty on all consumer electronics and computer parts =D
Companies should be forced to guarantee the correct operation of the machine for at least half of its expected life. Would it be that hard for MS to guarantee the XBOX 360 for 5 years?
Yes it would be a little more expensive and that would probably trickle down to the costumer, but it's a lot better than betting on luck... plus it would force companies to have a better quality control.

RE: i expect the next
By masher2 on 12/11/2006 4:32:20 PM , Rating: 3
> "Would it be that hard for MS to guarantee the XBOX 360 for 5 years?"

No, and the federal government could mandate that all products have a warranty of this length, which would force consumers to pay for it regardless of whether or not they want it...or we could stick with the current situation, where if you don't like the warranty period, you can either buy an extended one, or choose to buy a different product altogether. Freedom of choice.

Personally, I like the concept of freedom. It's what the nation was founded upon.

RE: i expect the next
By NullSubroutine on 12/14/2006 8:02:08 AM , Rating: 2
Funny how people say they have "freedom" when companies dictate who works, what the salary is, what is produced, how much it costs, where profit is given, and lobby lawmakers to draft laws to ensure this power doesnt shift anywhere.

RE: i expect the next
By glennpratt on 12/15/2006 12:42:35 PM , Rating: 2
Umm.. the consumer chooses what to buy and how much he or she is willing to pay, the employee chooses where to work and what pay level to accept and the lawmakers are elected.

I'd like to hear about your conceptual system where people are truly free.

RE: i expect the next
By glennpratt on 12/11/2006 9:49:54 AM , Rating: 2
90 days was the standard for the last generation in the US, and MS kept with that. It may be different in you country and other consoles may have better warranties now (don't know), but it wasn't without precedent.

RE: i expect the next
By Christopher1 on 12/11/2006 3:02:23 PM , Rating: 2
Well, now that there are better quality control and things are expect to last longer again (HD-TV's are expected to last for 20 YEARS), it's time to up the warranty. It's also time to start requiring that if the government changes something, like we are going from analog TV to digital right now, the government should wait until 90% of people are compliant with the new standard, and force makers to STOP MAKING THE OLD SYSTEMS.

RE: i expect the next
By glennpratt on 12/11/2006 4:25:09 PM , Rating: 2
What? I honestly don't understand you. As an aside, an HDTV's life expectancy has nothing to do with it's warranty period.

RE: i expect the next
By encryptkeeper on 12/11/06, Rating: 0
UK Ruz0rz!!11
By Sunday Ironfoot on 12/11/2006 8:32:51 AM , Rating: 2
This is why I love living in the UK, mandatory 1 year warranty on all products sold. :-)

RE: UK Ruz0rz!!11
By Dijonaise on 12/11/2006 9:02:19 AM , Rating: 2
Similar situation here is Aus, although 12 month warranty on the Console, but only 90 days on Accessories.

Mine had minor problems (not due to the update), Microsoft Australia were very smooth in getting me a new one, few questions asked. Sounds like US is getting a bum wrap to me.

RE: UK Ruz0rz!!11
By Wonga on 12/11/2006 9:28:28 AM , Rating: 2
Perhaps that's why we pay more here :D

On a serious note though, I do think we are very well protected in the UK. I don't understand why a 1 year warranty isn't guaranteed in other developed (or even undeveloped, for that matter) countries. I've had a lot of electronic products die within a year over my lifetime and I've always felt reassured that at least I will get a repacement, if not a full refund, under my statutory rights.

RE: UK Ruz0rz!!11
By rcc on 12/11/2006 11:35:25 AM , Rating: 2
Welcome to capitalism. You build hardware, offer a warranty, and sell it. If people don't like your warranty (or product/color/etc), they buy something else. Vote with your pounds/dollars/rupees, whatever.

But requiring a business to have warranty xyz? No thanks. It's great if they want to, or feel the need to; but government needs to stay out of things they don't understand. Business is one of them.

Many businesses increase their warranty because they need to. For instance, Western Digital had a bad year and increased their warranty to reassure customers. So, it's also important to know why a product has a longer warranty.

Now, if I were manufacturing a product like an XBox, I'd go with a one year warranty, but there is a cost associated with longer warranties, and some customers will object to that as well.

RE: UK Ruz0rz!!11
By Wonga on 12/11/2006 12:39:05 PM , Rating: 2
I understand what you are saying, but if no company is required to offer a decent warranty, won't the customer suffer as all companies offer a similarly poor service?

In this case, Microsoft only offered 90 days. For a £300 item, if it breaks, that's a big lesson to learn to not buy Microsoft products again. What if Sony and Nintendo do the same? Does that mean you can only have a games console if you accept it might break soon? I realise the answer would be yes, but that isn't a particuarly nice answer.

I think it comes down to wanting a minimum level of service, no matter what you buy. I can see that some people might be happy with 90 days, buy I personally feel (maybe just because I have it, I admit) that 1 year gives the buyer more protection, no matter who they go with.

So, in this case, as with others, I feel the government should protect the general public who voted them in, as without this protection the choices are often limited and it may become a sellers market through default.

RE: UK Ruz0rz!!11
By rcc on 12/11/2006 2:51:11 PM , Rating: 2
I understand what you are saying, but if no company is required to offer a decent warranty, won't the customer suffer as all companies offer a similarly poor service?

Possible, but unlikely. As has happened in the past, one (and then more) of these companies would provide a warranty as a differentiator, to boost sales. Long term it's a self correcting problem.

If the government mandates it, it's an added cost on every unit they sell. The masses are demanding lower prices, the companies are trying.

Back to your original question, I could be wrong, but I don't believe there is any requirement here to provide a warranty beyond the "it was DOA". Yet electronics have warranties ranging from 30 days to 5 years or more.

RE: UK Ruz0rz!!11
By Christopher1 on 12/11/2006 2:59:18 PM , Rating: 2
All electronics should have warranties of at least a year, from computers to TV's to your electronic can opener.

There is NO REASON for something to break just after the warranty is over, as many things do nowadays. I, myself, bought a pair of speakers once, and they broke ONE DAY after the warranty ended. Bought a second pair of the same brand and model, had it happen again (though the store was gracious enough to take them back anyway to keep me happy).

Once just after warranty ending, I could understand. Twice, not in the realm of statistical possibility, unless they are MADE to break just after the warranty ends.

RE: UK Ruz0rz!!11
By rcc on 12/11/2006 6:37:34 PM , Rating: 2
As the saying goes. Once is happenstance, twice is circumstance, the third time is enemy action.

And even today there aren't enough smarts in a speaker to assign a failure date.

RE: UK Ruz0rz!!11
By enlil242 on 12/11/2006 9:35:49 PM , Rating: 2
Right on, I agree. Yes, it would be nice if they had a 1 year warranty. But to say the Government should mandate warranty policy of private businesses is crazy. If the 90 warranty concerns people, buy a PS3 (Which I believe is a year) or buy the extended warranty. I have nothing to worry about because, when I can, I buy electronics from Costco which carries a lifetime warranty. If I break my 360 in 2008, I'll return it and will get my money back. That is why I buy what I can from a place like Costco.

I also have warranty protection from my AMEX card which doubles the manufacturer’s Warranty. SO My 50" plasma has 2 years instead of 1 year. I choose how I shop based on what I am offered. The last thing I need is some A-rod from Washington jacking the price up for goods because his / her asinine policies make manufacturers pass along the cost to consumers. Get real.

RE: UK Ruz0rz!!11
By cochy on 12/16/2006 4:05:24 PM , Rating: 2
Welcome to capitalism. You build hardware, offer a warranty, and sell it. If people don't like your warranty (or product/color/etc), they buy something else. Vote with your pounds/dollars/rupees, whatever.

Aha! But that's exactly when the capitalists unleash their most deadly weapon...MASS MARKETING! After being exposed to that, you are too weak to vote against because you MUST HAVE IT.

RE: UK Ruz0rz!!11
By incargeek on 12/14/2006 7:25:19 PM , Rating: 2
...gee that really makes up for the 340 days of cloudy pissy UK weather

Consecutive Failures
By copiedright on 12/11/2006 6:34:16 AM , Rating: 2
If people are having 360's break one after the other as they are replaced, it could be a batch problem.
Is it possible?
Ideas anyone?

RE: Consecutive Failures
By Loc13 on 12/11/2006 8:54:15 AM , Rating: 2
According to the Gamespot story, it seems that the update would break modded consoles, but I've read in forums where unmodded consoles were bricked due to the latest update though.

"According to them, Microsoft wanted to break consoles that had been tampered with to do things for which it wasn't intended, like play pirated copies of games. Microsoft required that anyone wishing to take their Xbox 360 console onto the Xbox Live service download the update. "

RE: Consecutive Failures
By therealnickdanger on 12/11/2006 8:59:12 AM , Rating: 2
I always bet on user-error first. For example, about every (4/5) Xbox360 we get back at my store work perfectly fine and does not exibit the symptoms described by the customer. The most common error we have seen is when using the component cable with the SD/HD switch. If it gets bumped at all and is not fully in the SD or HD position, the screen is black and you get a red ring. It's more sensitive than it should be.

Myself and my friends that have 360s (about 7 people total) were not affected by the update and most of us have launch units. I also wouldn't be suprised if the people with problems shut down or unplug their consoles when being updated, just for an excuse to get their money back because they can't afford it.

Not About The Warranty
By wempa on 12/11/2006 3:33:12 PM , Rating: 2
This issue isn't about the warranty. Whether under warranty or not, it's about MS releasing a software update that broke consoles that were previously working perfectly. This happened to a friend of mine. If this were a Windows update for a PC, this wouldn't be a big deal because you could always rollback the update or boot into safe mode to fix the issue. With a console like this, it's totally different. There's no way to roll back the change. An MS software update was 100% responsible for causing these problems and it's totally beyond the user's control because they are forced to take the update. If they don't take the update, they cannot access Xbox Live. I applaud this class action suit.

RE: Not About The Warranty
By ATC on 12/12/2006 3:33:54 AM , Rating: 2
I completely agree. Also, as mentioned earlier, one the impact hoped for in a class action law suit is to make the defendant (in this case MSFT) think twice before releasing a product (hardware or software) without adequate QA.

Sadly, I can't see things changing much even if they did lose the case. What's 5 mil to MSFT?

Personally, I find it a little disturbing that the console industry in general is taking the patch-a-patch way of things. Sure, it's nice for the user to be able to update a product in case something small was missed from QA, but it seems companies are now over-relying on patches and updates, releasing products that really should not have been released in the first place had a proper QA been in place.

The savings companies are seeing aren't being passed to consumers but rather to their CEOs as bonuses. We have in a sense done away with QA and turned consumers into an army of beta testers. Bravo industry.

still got mine
By fijillian on 12/11/2006 7:45:38 PM , Rating: 3
i have had my x360 for over a yr & it has had no problems, the problem is all those retards who can't take care of their x360's.

RE: still got mine
By sxr7171 on 12/12/06, Rating: 0
Didn't brick mine
By XtremeM3 on 12/11/2006 6:26:26 AM , Rating: 2
But I seem to be a minority when talking to friends. I got the update and had no problems but I've had quite a few friends that have had crazy problems. One guy has been through 7 360's (because of the update)and has now written off MS's actually kind of funny.

Mine works great though.


By anonymo on 12/11/2006 7:27:30 AM , Rating: 2
This whole bricking thing is funny. I'm yet to talk to someone outside of an internet forum that has actually had their 360 die due to something other than the initial power supply issue (which since last Feb is no longer an issue). Maybe it's just US 360s that are getting bricked by the MS video marketplace.(im a canucker) Or maybe people are starting to realize that leaving your 360 on the carpet, by the ashtray, infront of the heater with the window open is probably a dumb move.

MS shouldn't charge
By NotAok on 12/11/2006 10:34:19 AM , Rating: 2
Kind've ridiculous that they're charging so much for an error they caused. I have some respect for MS and stuff but this just pisses me off. My console died from the spring update but luckily I had the warranty through EB so just swapped consoles. If I didn't have the warranty though there's no way I would've paid 140 to get it fixed.

I hate to do this
By tk109 on 12/11/2006 11:47:58 AM , Rating: 2
but users have the open to purchase extended warranty

Should be option ?

I hate having to do that. And I used to get kind of annoyed at other people when they were constantly correcting every tiny spelling error. But lately it's like people just gave up because it was a losing battle. There have been a few in recent articles that stopped you reading to try to figure out what the heck it could have possibly meant and what was trying to be conveyed. A letter or two off is fine and not a real problem but entire words that can change the entire meaning (or make no sense at all) is really frustrating.

By rudy on 12/11/2006 6:46:46 PM , Rating: 2
People seem to be either on their xth xbox or on their first. That tells me some people just do not understand that you need to take care of what is basically a computer. Dust and heat need to be dealt with. You cant drop it and abuse it either. The great thing about consoles is any noob can use them that is also their downfall from a customer service stand point, as many of these noobs just do not understand how to treat a computer. I can't tell you how many people I have seen shove them and other consoles into tiny entertainment center racks with no ventilation now with wireless controllers some may not even open the front doors. Most entertainment centers do not have an open back and most electronics vent out the back. Add to that all the other heat generating items around the TV and you start to see why any console could easily have problems with certain people.

Mirosoft should wavie the fee
By Randalllind on 12/11/06, Rating: 0
By GotDiesel on 12/11/06, Rating: -1
"And boy have we patented it!" -- Steve Jobs, Macworld 2007
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