MS sued over Live failings
In all fairness, it was only a matter of time. A service that people pay for falters, stutters and generally renders itself unusable for the holiday season and people get upset. In America, if something like this happens, people sue. Sure enough, three Texas residents have filed a lawsuit against Microsoft and their failure to keep Xbox Live functional.
The class-action suit was filed in U.S. District Court in Houston, claiming that Microsoft’s outages are breaching the contract we all signed when signing up, and negligent misrepresentation, for which Microsoft is liable on both counts. Rather ridiculously, the suit notes no specific damages, however the total amount being asked for is in excess of $5 million.
From the listing:
“Microsoft knew the increase in subscriptions would increase game-play on its servers, yet failed to provide adequate access and service to Xbox Live and its subscribers.”
Some may agree with this, others (hopefully) won’t. We have already been promised a free Arcade game which should be of decent quality, and suing a company as huge as Microsoft for $5 million is absolutely insane. Yes the increase of 360s and Live subscribers should have been anticipated, however there’s no need to go ape-shit over it breaking. Do people have nothing else to do with their lives?
The Seattle Times has the full nine page PDF.
5 mil is to much i hope they lose
Let me get this straight? 3 dick heads from texas want to sue for 5 million for a service that WE ALL USE. WE all went through the problem. If they wint (they won’t) will all gold members be getting a cut of that 5 million? Jeeze…just fucking seperate texas from the US already lol (j/k…maybe)
Hey we are not all like that. :’(
just to clarify, texas is not in america…
=O Ive been lied to
That is the funniest thing I have heard in a long time.
you should get out more
just to clarify, class action means its not just the 3 guys that get 5 million.
http://en.wikipedia.org/wiki/Class_action
if a lawsuit like this is won, all subscribers reap the benefits.
think about that for a moment.
and then MS will make Live more expensive for one month and get it all back, but there is no way 3 retarded texans, if not illegals wanting fast money, will win againt MS
almost jmel….
all plantiffs in the class action suit would be beneficiaries. Did you sign up? ’cause I didn’t, so I wouldn’t imagine you (or I) will be getting a piece of that pie.
and by the way, there are approx. 5 million Live users. Divide $5 million by 5 million people, and what do you get?
enjoy your small coffee guys.
actually it’s closer to 7 million now, the 5 million was months and months ago, microsoft has sold over 17 million now and around 7 million XBL…
the fact of the matter is people need to stop suing for stupid crap, thats like suing the electric company because they over sold the system… which they have done all over the US… thats the reasone veryone cant run everything they own at the same time for sure.
there are tons of class action suits against the power companies on the west coast for the “privatization” debacle in 1999 or whenever. you may think they are stupid, but the cost of electricity went up over 700% in less than 2 years. it probably appears a lot less stupid to the people that are getting reamed.
Is it no win no fee
“Do people have nothing else to do with their lives?”
)
this is america of course not. we are all fat and sue over retarded claims. (damn i wish i would have thought of this
Im not fat and only slightly retarded and i wish id thought of it too. anyone know a good lawyer?
lmao touchee too you, sir.
Pathetic, why not sue over something more important and costly to the consumers. Like, oh say…hardware failures and poorly refurbished units!?
Lawsuits like this are a good thing … they let companies like M$ know that they can’t just jerk with their constituents. For you at XBOXIC to attempt to tell people they shouldn’t be entitiled to damages for this matter, you are asses. I know that my holiday was significantly less enjoyable due to the fact that LIVE was down … I deserve more than aegis wing or yaris as compensation.
You can’t sue for faulty hardware … it’s a one time purchase … however XBOX Live subsriptions are for service over an extended period of time … so when services paid for are not rendered, the public has the right to demand a refund. That’s how it works in america.
It will get settled out of court. M$ doesn’t need any more bad publicity regarding LIVE.
And PUH-lease … 5 million dollars is nothing to m$. The 3 year warranty extension ALONE will cost them an estimated 1.3 billion dollars.
Why would you be surprised to see a story on xboxic with such a wildly incredulous corporate slant? Ross Hayward for one is a known jack-off to begin with. Everybody who writes for this second-rate rag site has suffered serious head trauma at some point in their lives.
Coming from you, of all people.
That’s hilarious.
Tool.
I agree… but I dont want a frickin arcade game nor a cut of these dummy’s loot… I just want to be able to play online in a timely manner whenever I feel like it. It has been almost a month and its still completely broken (for me anyway) its unacceptable.
i hate yaris.
I’m surprised nobody’s doing a class action suit over Microsoft’s royally screwed up DRM that has shafted almost everybody who’s had to get their console replaced.
I say good on them for fighting back, ‘Remember the Alamo’.
*in response to the picture more than the actual topic*
THIS IS SPARTA!!!
lol…
How do they expect to sue for this? Microsoft are COMPENSATING in the form of the XBLA title. That is all that is legally required for such things.
This law suit will fall on it’s back, just like the lawsuit similar-minded people tried with the RROD. They couldn’t sue because Microsoft had accepted responsibility and were replacing 360’s free of charge.
“Microsoft are COMPENSATING in the form of the XBLA title. That is all that is legally required for such things.”
yeah, because that is what we all signed on for… dumbass. them offering “compensation” in the form of an xbl game doesn’t legally indemnify them from shit.
although, i totally think this lawsuit is bullshit.
“16. WE MAKE NO WARRANTY
We provide the Service “as-is,” “with all faults” and “as available.” The Microsoft Parties give no express warranties, guarantees or conditions”
I think Microsoft are being fairly generous considering the contract you signed says Microsoft are not liable for anything like this, and the max compensation you can redeem from them is a months service - which adds up to around £5… the price of an arcade game.
The service was never down completely, and worked for a good chunk of users the majority of the time (people still report issues, but they could simply be ISP problems), so a month extension of live is really unlikely.
ooh, you almost had it. how about not quoting shit out of context, and including the full text next time… here is the full “#16″
“16. WE MAKE NO WARRANTY
We provide the Service “as-is,” “with all faults” and “as available.” The Microsoft Parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.”
the part of highest interest might be:
“You may have additional consumer rights under your local laws that this contract cannot change.”
just because microsoft says it, doesn’t make it true. they may CLAIM to have the right to a lot of things, but their rights are not defined by them.
and you have GOT to be kidding about the isp bullshit. the xbox.com support page still says they’re down.
again, i think this lawsuit is bullshit, but i just thought i would point some things out.
To be fair, i’ve just logged into Xbox Live right there. Want time-stamped/dated picture to prove it?
As far as I know, the local (and national) laws in my area require the service to be out completely for 24 hours continuous before any legal action can be taken.
and
“Xbox Live users will experience billing related transaction failures including but not limited to purchase of premium download content and account management (including account creation, renewal, and recovery). We are working to resolve this issue, and apologize for any inconvenience.”
is hardly the service being down.
dude, they’re down. fuck their support page. you know it. i know it.
and i didn’t ask about your knowledge of your personal local laws. i was simply pointing out that someone, somewhere, may have additional rights.
I was wondering how long it would take someone to bring this up… I would have but I didn’t have the exact text handy.
This suit will be thrown out, since MS is covered in the contract you accepted when you signed up. They would be completely in the right to shut down live until this gets fixed… but they are keeping it up and trying to fix it without any 100% downtime. what next? trying to sue them for the downtime when there is server maintanance and dashboard updates?
LOL… this is SUCH A JOKE, suing microsoft is such a joke litterally especially for stupid sh*t like this….
This is like trying to sue the power company because electricity went of randomly during the week of christmas even on christmas eve….
give me a break
except when the fucking lights are off… i ain’t fucking paying… not the same.
im all for complaining if something isnt right but to sue is just silly its not as if microsoft build life support machines .
i hope these shmucks lose and have to sell all there possesions and end up living on the streets that will show them common sense
what is outragious is that the problems are not getting any better
just spent 2 hours trying to get on COD4
its taking the pi55
I do hate that Live is having problems but to sue over it…Quit being a bunch of cry baby bitches and do something worthwhile and shoot yourself.
Ross Hayward loves cock obviously
obviously, but what a random thing to say we all just stay quiet and accept ross’s life :p
anyway he’s right this is one of the most stupid things i’ve seen in a long time microsoft would prob lose more than 5mil for giving away the arcade game and who are these 3 guys sueing, why them? propa idiotic
Although I don’t agree with these guys sueing for their personal gain, I do think that anything that raises the profile of the current live issues and leads to it not happening again isn’t all bad. So, in short I hope they lose the action and gain nothing monetarily but I hope it gets decent media coverage as a lesson to M$ to pay more attention in future.
I don’t want them to win, but I do want them to sue. It would show Microsoft that people will stand up for their shortcomings.
EA’s Tiger Woods server is still not working……. file against them if your bored!
Microsoft must have enough problems on their hands trying to sort this out, some rednecks trying to take their money isn’t going to get it fixed, its just going to make everything worse, and drag out it not being sorted, even though it is getting pathetic as i’m struggling to get some in private chat.
i think you guys are all too gullible.
If these guys win I am sueing them for 10 million all to be paid out in microsoft points
7 Million people online + Microsoft giving away a free game cause of what happen, At no less then $5.00 a game = $35,000,000 out of Microsofts hands.
Yea these guys will get laughed out of the court room.
Can someone please go and tape it and put it up on Youtube…….lol.
I just hope the game we get is good. and not yaris 2 ……LMAO
MartyMoose
to be fair do u relly think that evrey xbox live member would have bought the arcade game, no matter what it is and i doubt it’d be a relly good one
haha… they are an absolute joke… I dont blame you Americans for disregarding Texas as part of America after reading that… absolute joke…
Don’t mess with Texas! It’s not nice to pick on retards.
Sony is loving this. while Xbox Live falters Sony’s service is up and running.Bet on it people are going to go run out and buy PS3’s just because of this short term problem. Thing is I didn’t know people in Texas could afford Xbox360’s -_-
i’m sorry xbox live went down b/c to meny ppl joined over the holidays. wait doesn’t sony have that issue… nope oh i see, ps3 didn’t do so well for the holidays did it?? my bad
to be fair cod4 is the only game suffring any worse than usuall and its not always bad 24hrs
a day
and ps3 servers are no where good as MSs to begin with it’s just there all used to lack of good qualty connections
well, live is down again. sunday, noon 01-06-08. xbox.com support page appears to be down too. although it said “up and running for about half an hour after it live went down. but let’s focus on texas.
The live service is VERY slow tonight, and this is just in the marketplace, let alone in an actual game. Get it fixed MS!!
well this kinda sucks….man if it stays like this for a long time this will suck
When I’m signed in on XBox Live, my 360 now takes an absolute age to populate the Marketplace and Game blades on the dashboard - but starts up in normal time if I disconnect my 360 from the router.
Is anybody else seeing this?
It’s one thing for COD4 to have issues - but I don’t want to wait 5-10mins to play one of my downloaded arcade games or watch a video.
Got to admit I’m hacked off about this… it really shouldn’t happen on a paid-for service where MS control the network, the firmware on each 360 and certify every game that runs on it.
Well I’m considering suing M$ as well because XBL has drastically gone downhill since Christmas. If it were free I wouldn’t complain but its not!!
Are you from Texas too!?