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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: What a fool
By sviola on 7/12/2007 12:51:01 PM , Rating: 2
I don't agree that McDonald's should be considered liable for her spilling coffee over her. After all, she wasn't holding the cup correctly and was driving at the same time. (and if the coffee was sold cold she would have complained about it).

But hey, there are worst cases, like the lady who sued the microwave oven manufacturers because there was no warning on the manual that she couldn't dry her cat in it as she used to do on the regular oven.


RE: What a fool
By TomZ on 7/12/2007 1:13:30 PM , Rating: 2
The jury didn't hold McDonald's liable for her spilling coffee on herself. They found McDonald's liable for serving their coffee at a dangerously hot temperature, some 20 degrees above the temperature other restaurants do, which creased a danger for the customers. McDonald's also knew about the problem, based on a large number of customer complaints, and completely ignored the problem. That's called negligence.


RE: What a fool
By Parhel on 7/12/2007 5:51:51 PM , Rating: 2
Any regular coffee drinker can vouch for that. McDonalds coffee was served at a ridiculously hot temperature until after that lawsuit came out. Coffee is supposed to be served hot, not boiling. McDonalds was at fault in that situation and refused to even respond to her until she took it to court.


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