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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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its all perspective
By Screwballl on 7/12/2007 11:44:39 AM , Rating: -1
I can see this from several viewpoints
1) its a disc, its going to get scratched so the lawsuit is baseless.
2) the discs are getting scratched by a specific device for which it was made for and not usable on any other device before or after the damage so this lawsuit has merit if only to get MS to fix the problem out of their own pocket.
3) we are spending hundreds for a console and $40-60 per game only to have it damage the discs... is it the disc manufacturer for making the disc with a soft protective layer or the disc drive manufacturer for allowing something to scratch it?

If we have the same problem with a disc drive in a PC, we can simply remove the drive and buy a replacement. We can't (usually) just sue the manufacturer. As a PC builder, we show our support with our wallet and our words online. Get the word out about faulty parts so others with the same problem will chime in and then that part is dropped due to lack of sales.
Unfortunately this is not entirely possible with the console in question unless you use an external drive (which may or may not have the same problem).

These are also the same reasons why I stopped buying consoles back around the time of the Dreamcast. They were all starting to have problems after only a few months of babying them and I saw a trend starting... so it continues.

RE: its all perspective
By omnicronx on 7/12/2007 12:13:16 PM , Rating: 2
ok. i know the guy is a tard for suing but your comments are baseless..
1) its a disc, its going to get scratched so the lawsuit is baseless.

this point is moot, these discs were scratched in such a way that a perfect circle ring is made around the disc, thus this problem is distinguishable from normal user error scratching where the scratches could appear anywhere and certainly not in a perfect circle.

2) I am not even going to even say anything about this one, as i am not a lawyer.. but what are you basing this upon??

3)before you make such a comment you should do a little research as to why this happens. First off i would like to mention you can not replace the dvd drive without knowing a special key that is unique to your xbox and is usually an option for most people. Microsoft bought an inferior product in the Hitachi line of dvd drives (could be others too), they have a grand total of 0 pads inside the dvd casing that protects the discs from hitting the laser or other components.

On the other hand this problem usually only starts to happen after you try to move the console upright or on its side while it is on, and afterwards discs get scratched in the same way while the console is not in motion.

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