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Scratched discs from the Xbox 360 (Source: The Consumerist)
Microsoft sued for its Xbox 360 making rings, but not of the red variety

On the heels of reports showing up to one-third of Xbox 360 consoles suffer a hardware failure, and the Microsoft action of extending the warranty to up to three years in cases of the Red Ring of Death, it is not at all surprising to learn that a class action lawsuit has been filed against the Redmond-based console maker.

The lawsuit is not for the dreaded Red Ring of Death, but rather for the console’s rare but nasty habit of scratching discs. As Joystiq reports, the lawsuit contends that the plaintiffs in the case "have been damaged in that their game discs were destroyed by the Xbox 360 during reasonable, foreseeable, normal, and intended use... The Xbox 360 was negligently designed and manufactured in that the Console's laser disc reading assembly contacts and scratches the video game discs during normal and intended operation and use."

The issue of the Xbox 360 scratching discs even when the console is unmoved first caught the attention or European consumer watchdogs after a special feature ran on Dutch TV show Kassa. At the time of the complaint, Microsoft said to 1UP, "We are working in an open dialogue with Commissioner Kuneva to clarify our position and all the efforts we are taking across the EU, and in fact globally, to address any consumer concerns. As we have said previously, there is no widespread issue regarding scratched discs as is alleged by Kassa. That said, we encourage any Xbox customer who believes that their discs have been scratched in the same manner as identified by Kassa, to contact us."

Microsoft’s statement continued, "We will examine the console and make appropriate repairs if necessary in order to restore the console to full working order, as well as provide customers with information on how to obtain replacement discs should they need them."

Filed in Fort Lauderdale, Fla. by Jorge Brouwer, a Broward County resident who bought an Xbox 360 in 2006, the lawsuit seeks five million dollars in damages for the scratched game discs. Microsoft has yet to respond.

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Agree with lawsuit
By azrael201 on 7/12/2007 8:50:26 AM , Rating: 3
what was the $20 replacement deal again?

i don't know if a lawsuit is necessary, but if that is what it takes to make MS address this issue then by all means sign me up. It may seem excessive but I do believe that MS should replace the games that were rendered coasters by their defected system. My second XBOX360 did this, and even though they assured me all replacement 360's were new it came with all these black marks and a general sense of dirtiness. It ate two discs and I still am unable to access the final level of Dead Rising because of the beautiful concentric circles it made on the disc.

RE: Agree with lawsuit
By azrael201 on 7/12/2007 8:52:17 AM , Rating: 1
i don't agree with the 5 million...i didn't even see that. maybe that's for everyone who has had a scratched disc from a xbox360 sent in for repair with that problem?

RE: Agree with lawsuit
By TomZ on 7/12/2007 9:14:50 AM , Rating: 5
The math probably goes like this:

Disc replacement: $200
Plaintiff benefits: $1000
Attorney fees: $4,998,800

RE: Agree with lawsuit
By FITCamaro on 7/12/2007 9:20:52 AM , Rating: 2
Well remember his pain and suffering for not being able to play his games.

I agree that Microsoft should replace games that the console scratches. But $5 million for it? No.

It figures that the lawsuit would start in Florida. There's more lawyers in Florida than ants. Probably someone like Morgan or another ambulance chaser.

RE: Agree with lawsuit
By Martimus on 7/12/2007 9:29:23 AM , Rating: 5
It is a class action lawsuit. That means there are a large number of plaintiffs. Maybe even 5,000 or 10,000 plaintiffs, with each getting $50 to $100 for their trouble.

RE: Agree with lawsuit
By TomZ on 7/12/2007 9:44:54 AM , Rating: 1
Of course I'm being sarcastic with the figures above. But the reality is that the law firm involved would expect to pocket "attorney fees" in the neighborhood of millions of dollars.

RE: Agree with lawsuit
By Christopher1 on 7/17/2007 5:24:31 AM , Rating: 2
That's why whenever I have had to use the services of a lawyer, I tell them "5% for you, at most!" and they will take it or I will go find someone else!

People have to start getting seriously non-negotiable with the prices that they are willing to pay lawyers for their services (which usually, they are not doing that much work coming from my experience as a paralegal).

RE: Agree with lawsuit
By redog on 7/12/2007 10:14:38 AM , Rating: 3
Already used this in another thread but still applies:

Take the number of xboxs in the field, A, multiply by the probable rate of failure, B, multiply by the average out-of-court settlement, C.

A * B * C = X. If X is less than the cost of a recall, we don't do one.

But i sersisouly think think this is another by product of overheating. The DVD drive sits right above that wonderful little hot potato that is the heatsink.

It can't be a good idea to constantly heat up the DVDs to something that probably is with in specs but still not considered a good idea. It probably makes them more susceptible to contact inside the drive that is leading the drive leaving wonderfully etched rings.


RE: Agree with lawsuit
By Martimus on 7/12/2007 2:41:19 PM , Rating: 2
I would definitely rate this up for the Fight Club reference if I didn't already comment on this. Reading that made me smile.

RE: Agree with lawsuit
By webdawg77 on 7/12/2007 8:55:59 AM , Rating: 2

The following game titles are currently available for this program:

* Crackdown™
* Fuzion Frenzy 2
* Gears Of War®
* Halo® 2
* Kameo™: Elements of Power™
* Ninety Nine Nights™
* Perfect Dark Zero™
* Project Gotham Racing® 3
* Viva Piñata™
* Xbox Live® Arcade Unplugged Vol. 1

Apparently, Dead Rising isn't included in the list.

RE: Agree with lawsuit
By omnicronx on 7/12/2007 9:21:09 AM , Rating: 2
what about all EA games.. i had to return nhl07 3 times because the disc was unbalanced, which didnt mix well with my already screwed 360. Fifa 07 also i had to return after one use as it was not balanced right either.

RE: Agree with lawsuit
By webdawg77 on 7/12/2007 9:22:48 AM , Rating: 2
List is straight from

RE: Agree with lawsuit
By A5 on 7/12/2007 9:24:11 AM , Rating: 1
MS only covers MS-published games. It's up to other publishers to have their own programs.

RE: Agree with lawsuit
By nemrod on 7/12/2007 9:46:55 AM , Rating: 2
"MS only covers MS-published games. It's up to other publishers to have their own programs."

why should other publishers have to pay for defective hardware?

RE: Agree with lawsuit
By othercents on 7/12/2007 10:31:05 AM , Rating: 2
Microsoft doesn't own the rights to the other games therefor they can't replace the discs. However your right that the game manufacturer should have to pay for Microsoft's mistake. It is very possible that people will have to return the disc to the manufacturer for a new one and the manufacturer will get compensation from Microsoft for discs that have concentric rings on them.


RE: Agree with lawsuit
By SiN on 7/12/2007 9:39:18 AM , Rating: 3
i have to say, did the console scratch the disc or did u knock the console while reading the disc? my 1st console scratched one of my games, but i hold my hands up and i'm telling u i knocked the system (was only a nudge) but i still think it should have been built without this problem. I'm doubius as to wether people nudged, or tried to move the console while it was reading a disk, an now their bitter enough to call it a system problem rather thn admit they are the ones at fault.

PS, i'm on my 3rd console. RROD only happened once and i'm happy with the customers service i recieved *offtopic, when did any other console manufacturer give a 3 year warrenty, and although 360 seems like the most buggy system, there have been others before it just as bad. Anyone have to replace their PS2 Lazer Lense?

RE: Agree with lawsuit
By SiN on 7/12/2007 9:41:10 AM , Rating: 2
sorry 4 the double post, before any one says it, i know the extended warrenty only covers RROD

RE: Agree with lawsuit
By hrah20 on 7/12/2007 11:44:32 AM , Rating: 2
A 5 million dollar lawsuit seems like too much, but like you I agree that microsoft has to adress these problems sooner rather than later, my xbox 360 replacement came with smudges and finger prints, I belive that my xbox is a refurbished one, I also have an xbox 360 elite hope this console last a little longer than the other.

RE: Agree with lawsuit
By viperpa on 7/13/2007 1:04:30 AM , Rating: 2
Had the same problem when playing my Gears of War cd. The cd got scratched by the machine but was able to use scratch remover and the game was still playable. I think if Microsoft created a faulty machine then they should own up to the problem. Not let the problem slide hoping the complaints will all go away.

"I modded down, down, down, and the flames went higher." -- Sven Olsen

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