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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 bkm32 on 7/12/2007 2:29:50 PM , Rating: 5
Can you idiots get past the McDonald's Hot Coffee Mod long enough to discuss the real issue here. The X360 is damaging discs, soemthing that is not covered in the new extended warranty. If I pay $60+ for a game, my $300+ next-gen console better not wreck it. If it does, the console manufacturer better pay up PDQ. Period.

The issue is who's responsible for faulty hardware, the consumer or the manufacturer?

"Discuss amongst yourselves."

RE: What a fool
By TomZ on 7/12/2007 2:56:09 PM , Rating: 1
Maybe the McDonald's lawsuit is more interesting to discuss than the XBOX 360 lawsuit.

RE: What a fool
By Tbonus on 7/12/2007 3:50:03 PM , Rating: 2
The issue is who's responsible for faulty hardware, the consumer or the manufacturer?
Thank you so much bkm32!!! The coffee issue has nothing to do with this, other than that there are people out there who want to blame everyone else for there stupidity.
There is one,and only one thing that needs to be discussed here "Am I to expect the product that I buy to work as advertised?" Answer, YES!

RE: What a fool
By xphile on 7/12/2007 8:14:23 PM , Rating: 3
Ok I have a solution to both your concerns. Remove drive mechanism from 360. Hardwire under car stereo unit. Hit eject button. Ejected 360 drive tray has cunning center hole designed especially to hold hot coffee cups and avoid nasty spill burns while at the same time completely removing any chance whatsoever of scratching your valuable game discs.

There both subjects now resolved. Next... :-)

"Game reviewers fought each other to write the most glowing coverage possible for the powerhouse Sony, MS systems. Reviewers flipped coins to see who would review the Nintendo Wii. The losers got stuck with the job." -- Andy Marken

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