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Xbox 360 user files suit, claims defective console
Macworld ^ | 12/05/2005 | Elizabeth Montalbano

Posted on 12/06/2005 3:57:10 AM PST by Panerai

A Chicago man has filed a class action complaint against Microsoft that claims the company knowingly distributed defective Xbox game consoles in its hurry to beat rivals to market with a next-generation gaming product.

A complaint filed in a U.S. District Court in Illinois by Robert E. Byers alleges that Microsoft designed a power supply and a CPU into the Xbox 360 that run too hot and overheat, causing the console to freeze or lock up when being operated. The design defect is “material” because “it renders the Xbox 360 game consoles completely inoperable,” according to court documents filed Friday, Dec. 2.

According to Byers’ complaint, Microsoft made the Xbox 360 available to consumers before it was properly designed in order to release the console before companies such as Sony and Nintendo made competitive products available. Therefore, he said, the company has profited from deceiving consumers into buying a faulty product.

“In its rush to beat its competitors by being the first to introduce the next generation of game consoles into the market in order to increase Microsoft’s market share, Microsoft was intent on launching its Xbox 360 Game Consoles ahead of competitors and in time to capitalize on the 2005 holiday shopping season—even if doing so meant selling Plaintiff and Class members defectively designed Xbox 360 game consoles,” Byers said in his complaint.

Byers is seeking unspecified damages for himself and others who want to participate in the suit.

(Excerpt) Read more at macworld.com ...


TOPICS: Business/Economy
KEYWORDS: gaming; merryxbox; microsoft; ps3; xbox

1 posted on 12/06/2005 3:57:10 AM PST by Panerai
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To: Panerai

And in other news:

The Sun is rising in the East this morning.


2 posted on 12/06/2005 3:58:14 AM PST by Glenn (What I've dared, I've willed; and what I've willed, I'll do!)
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To: Glenn
MS has been selling defective products for years, so this isn't anything new.
3 posted on 12/06/2005 4:01:13 AM PST by amigatec (There are no significant bugs in our software... Maybe you're not using it properly.- Bill Gates)
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To: amigatec

There are no significant bugs in our software... Maybe you're not using it properly.- Bill Gates


4 posted on 12/06/2005 4:02:03 AM PST by amigatec (There are no significant bugs in our software... Maybe you're not using it properly.- Bill Gates)
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To: Panerai

Law suit happy idiots and the lawyers who help them...


5 posted on 12/06/2005 4:03:48 AM PST by coconutt2000 (NO MORE PEACE FOR OIL!!! DOWN WITH TYRANTS, TERRORISTS, AND TIMIDCRATS!!!! (3-T's For World Peace))
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To: coconutt2000
Law suit happy idiots and the lawyers who help them...

No kidding. My 360 is working just fine.

6 posted on 12/06/2005 4:12:08 AM PST by RadioAstronomer (Senior member of Darwin Central)
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To: Panerai

Overheating the game box. Damn he must be playing too hard.


7 posted on 12/06/2005 4:17:20 AM PST by sgtbono2002
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To: RadioAstronomer
What a load of crap! My 360 is running well too! they tried to give bad press to the original xbox upon its launch as well. I remember them saying that they were over heating. It's a hit on Microsoft, just like a hit on walmart. Unbelievable.
8 posted on 12/06/2005 4:20:22 AM PST by robby (xbox gamertag...........bainrowe)
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To: coconutt2000

> Law suit happy idiots and the lawyers who help them...

I bet this guy and his lawyer planned to sue long before the xbox arrived.


9 posted on 12/06/2005 4:32:32 AM PST by cloud8
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To: Panerai

X-Box 360 released on Nov. 22. Guess it was too much trouble to return it to MS for service under the 90 day warranty.


10 posted on 12/06/2005 4:35:47 AM PST by elli1
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I'm screwed.

My 360's doing 180's!


11 posted on 12/06/2005 4:37:46 AM PST by mcmuffin (About time to open up a vintage can of '94 GOP WhoopA$$-before it goes flat-again)
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To: cloud8

The lawyer(s) make a lot of money off of these lawsuits, and the plaintiffs get coupons for stuff they don't even want to buy.

It is pretty darned ridiculous.


I can't even imagine why anyone would want to buy a first run of the new XBox's anyhow. Wait a month or two and the price drops by half, and you benefit from other peoples' experiences.


12 posted on 12/06/2005 4:43:49 AM PST by coconutt2000 (NO MORE PEACE FOR OIL!!! DOWN WITH TYRANTS, TERRORISTS, AND TIMIDCRATS!!!! (3-T's For World Peace))
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To: Panerai
The hard part is developing the games, which MS largely farms out to third parties. Having a fan and a heat sink seem pretty elementary.

So this guy alleges his 360 locks up. How does he know it's a heat problem? Exchange it for another one, ya schmuck.

13 posted on 12/06/2005 4:54:48 AM PST by Sender (Team Infidel USA)
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To: robby
What a load of crap! My 360 is running well too! they tried to give bad press to the original xbox upon its launch as well. I remember them saying that they were over heating. It's a hit on Microsoft, just like a hit on walmart. Unbelievable.

Agreed!

BTW, with all the hype and high prices of the XBox on Ebay, I sure was tempted to put mine up for sale as well.

14 posted on 12/06/2005 5:08:26 AM PST by RadioAstronomer (Senior member of Darwin Central)
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To: coconutt2000
Wait a month or two and the price drops by half

Not for game consoles.

15 posted on 12/06/2005 5:09:38 AM PST by RadioAstronomer (Senior member of Darwin Central)
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To: Panerai

Sue, sue, sue and the only one coming out WAY ahead are the trial lawyers.


16 posted on 12/06/2005 5:11:31 AM PST by Dustbunny (Main Stream Media -- Making 'Max Headroom' a reality.)
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To: robby
What a load of crap! My 360 is running well too! they tried to give bad press to the original xbox upon its launch as well. I remember them saying that they were over heating. It's a hit on Microsoft, just like a hit on walmart. Unbelievable.

Maybe Mr. Byers should take his 360 out from under the sofa cushions, and clean off the matted dog hair and crushed Fritos that are blocking the vent openings. Just a thought.
17 posted on 12/06/2005 5:12:32 AM PST by beezdotcom
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To: Panerai
Aside from the fact that the source of this article is Macworld, not exactly a disinterested party, it's humorous to consider that a toy could create such absurd adult frantic legal activity.

I hope that the court reminds this loser that no one forced him at gunpoint to purchase a kid's toy, ready for the market or not.
And most importantly, that legal action cannot create a "fix". So then what will he ultimately get? Other than a more expensive toy? or an orphan?

What a concept! Enlist litigation into driving technological excellence!

Morons.

18 posted on 12/06/2005 5:24:01 AM PST by Publius6961 (The IQ of California voters is about 420........... .............cumulatively)
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To: Panerai

If this loser makes the simple adjustment of elevating the power supply (onto, say, a speaker or anything for that matter so that it's not sitting on the ground) his XBOX will stop overheating.

The XBOX 360 I'm running is cool to the touch all around after hours of playing.


19 posted on 12/06/2005 5:36:17 AM PST by Rutles4Ever
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To: RadioAstronomer

Actually, they WERE overheating, but the fix is so simple a child could do it.


20 posted on 12/06/2005 5:38:23 AM PST by Rutles4Ever
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To: Rutles4Ever

The top and sides of my machine are relatively cool, but the discs feel like they're about to melt when I take them out. The back of the 360 is pretty warm, too.


21 posted on 12/06/2005 5:40:37 AM PST by LanPB01
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To: Rutles4Ever

My power supply is sitting on the ground, however, I made sure it was not on carpet. No problems with mine.


22 posted on 12/06/2005 5:40:54 AM PST by RadioAstronomer (Senior member of Darwin Central)
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To: Panerai

So what exactly are the "damages" to this poor soul? Microsoft replaces any defective consoles. I'm no huge fan of Microsoft; but I hate litigious slimeballs like this guy.


23 posted on 12/06/2005 5:42:50 AM PST by Junior_G
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To: RadioAstronomer

I have to purchase one this christmas....know any place who has them? I've seen full bundles for as much as $999 online....and that's not even in the realm of possibility.


24 posted on 12/06/2005 6:58:33 AM PST by Katya (Homo Nosce Te Ipsum)
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To: LanPB01

Wow - haven't had any problems like that yet. There are two fans. Are they both going?


25 posted on 12/06/2005 6:59:06 AM PST by Rutles4Ever
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To: Katya

You have freepmail


26 posted on 12/06/2005 6:59:23 AM PST by RadioAstronomer (Senior member of Darwin Central)
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To: Panerai
There's a rather creative workaround: Lift it with a string.
27 posted on 12/06/2005 7:03:13 AM PST by BinaryBoy
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To: Rutles4Ever

I don't know. I read on XBoxAddict some people had noticed the vent holes on their machines hadn't been popped out, so I checked that. I guess I should probably try to place it in a more ventilated area.


28 posted on 12/06/2005 7:15:36 AM PST by LanPB01
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To: Panerai

>>Microsoft designed a power supply and a CPU into the Xbox 360 that run too hot and overheat<<

That's what happens when you buy hardware from a company whose core and only business is software.


29 posted on 12/06/2005 7:16:24 AM PST by irons_player
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To: Rutles4Ever

I THINK both fans are going, because the noise goes down considerably when I take the disc out, but that may just be a fan slowing down.


30 posted on 12/06/2005 7:21:42 AM PST by LanPB01
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To: LanPB01

Ours hung up completely. Got worse with each heat/cool cycle until it locked-up permanently. We tried all of the cooling suggestions. Called MS, they already have in place a 3-day repair turnaround process. Seems like they may have been expecting problems.


31 posted on 12/06/2005 8:20:26 AM PST by frankenMonkey (Name one civil liberty that was not paid for in blood)
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To: Panerai; Quick1; indcons; somniferum; KoRn; Duke Nukum; expat_brit; Galactic Overlord-In-Chief; ...
Video game ping!

If you want on or off this list, Freepmail me

32 posted on 12/06/2005 9:38:08 AM PST by Sofa King (A wise man uses compromise as an alternative to defeat. A fool uses it as an alternative to victory.)
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To: frankenMonkey

Consoles always have problems at launch, so they probably were. That's on reason why I never buy at launch.


33 posted on 12/06/2005 9:39:19 AM PST by Sofa King (A wise man uses compromise as an alternative to defeat. A fool uses it as an alternative to victory.)
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To: beezdotcom
"Maybe Mr. Byers should take his 360 out from under the sofa cushions, and clean off the matted dog hair and crushed Fritos that are blocking the vent openings. Just a thought."

And perhaps he shouldn't put it right next to the blazing hot radiator (it is Chicago) either.
34 posted on 12/06/2005 6:16:17 PM PST by IranIsNext
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To: Panerai

Breaking News: XBOX 360 sales are heating up!

He's on fire! (NBA Jam Voice)


35 posted on 12/06/2005 6:18:16 PM PST by IranIsNext
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To: amigatec
LOL - What was it that Bill Gates once said?

"Nobody needs more than 640K memory!"

36 posted on 12/06/2005 6:19:12 PM PST by Extremely Extreme Extremist (JOE WILSON IS A MUTHAFAKING LIAR)
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To: Panerai

I guess I'm what marketers call a laggard when it comes to game consoles. I wait about two or three years before I buy these systems. Less problems, more games.


37 posted on 12/08/2005 6:18:17 PM PST by Sister_T (Kenneth Blackwell for Governor of Ohio!)
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To: RadioAstronomer

Does your 360 still work?

My launch 360 just failed the other day. I am getting a blue screen of death and sometimes a checkerboard pattern over a frozen screenshot. It was in a well-ventilated area and never felt hot.


38 posted on 09/18/2006 1:27:26 PM PDT by CollegeRepublican
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To: CollegeRepublican

I am sorry to hear yours died. Can it be fixed?

Mine is still working with no issues.


39 posted on 09/19/2006 3:58:50 PM PDT by RadioAstronomer (Senior member of Darwin Central)
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To: RadioAstronomer

Thanks. It is on it's way to Microsoft.


40 posted on 09/19/2006 5:20:00 PM PDT by CollegeRepublican
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