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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 timmiser on 7/12/2007 1:11:33 PM , Rating: 3
That is exactly the point.

Reasonable people shouldn't be driving and drinking hot coffee at the same time. Bumps happen. Those paper cups fail. Etc.

Or is it:

A reasonable resturant shouldn't serve extemely hot coffee to their drive thru customers because they know that events while driving can cause coffee to spill on the driver. The point is that the restuarant has to realize that with 90 billion served, someone, somewhere is going to spill it on themselves. They should know that and therefore they should make sure their coffee is at a temperature that will not cause serious burn injuries when this does happen.

The high dollar amount of the lawsuit is very necessary with these companies as a deterrent to make these restuarants take action to keep it from happening again.

RE: What a fool
By rcc on 7/13/2007 5:52:11 PM , Rating: 2
Yeah, but then you lose the business of those people that wait til they get to the office to drink their coffee. Because by then it's cold. Or cool. Or just not warm enough.

"Well, we didn't have anyone in line that got shot waiting for our system." -- Nintendo of America Vice President Perrin Kaplan

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