Skip to comments.Xbox 360 user files suit, claims defective console
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 Microsofts 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 seasoneven 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 ...
And in other news:
The Sun is rising in the East this morning.
There are no significant bugs in our software... Maybe you're not using it properly.- Bill Gates
Law suit happy idiots and the lawyers who help them...
No kidding. My 360 is working just fine.
Overheating the game box. Damn he must be playing too hard.
> 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.
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.
My 360's doing 180's!
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.
So this guy alleges his 360 locks up. How does he know it's a heat problem? Exchange it for another one, ya schmuck.
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.
Not for game consoles.
Sue, sue, sue and the only one coming out WAY ahead are the trial lawyers.
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!
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.
Actually, they WERE overheating, but the fix is so simple a child could do it.
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.
My power supply is sitting on the ground, however, I made sure it was not on carpet. No problems with mine.
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.
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.
Wow - haven't had any problems like that yet. There are two fans. Are they both going?
You have freepmail
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.
>>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.
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.
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.
Consoles always have problems at launch, so they probably were. That's on reason why I never buy at launch.
Breaking News: XBOX 360 sales are heating up!
He's on fire! (NBA Jam Voice)
"Nobody needs more than 640K memory!"
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.
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.
I am sorry to hear yours died. Can it be fixed?
Mine is still working with no issues.
Thanks. It is on it's way to Microsoft.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.