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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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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.


"We don't know how to make a $500 computer that's not a piece of junk." -- Apple CEO Steve Jobs

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