Microsoft sued over Xbox outage
Microsoft now faces a lawsuit over recent problems with its Xbox Live online gaming service.
Three Texas residents filed a lawsuit Friday on behalf of themselves and others who have had trouble connecting to Xbox Live in recent weeks.
The suit, filed in U.S. District Court in Houston, claims Microsoft's outages represent a breach of contract and negligent misrepresentation for which the software maker is liable. The suit doesn't claim specific damages, but notes the amount is in excess of $5 million.
In the suit, the plaintiffs allege that Microsoft should have known strong holiday sales would tax its servers. "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."
Microsoft has apologized for the outage and said it would allow Xbox live subscribers to download a free game.
A Microsoft representative was not immediately available for comment.
During her years at CNET News, Ina Fried has changed beats several times, changed genders once, and covered both of the Pirates of Silicon Valley. These days, most of her attention is focused on Microsoft. E-mail Ina. 
I hope they win, and I hope It costs MS much more than $5,000,000.00 They get you on the box, rape you on the games then have the audacity to charge you for the on line service.
The only thing worse is the number of Lemmings who buy the Silly things and use them. My $0.02 Nuff Said
Besides, I haven't read it, but i'm sure in the Live terms and conditions it does not guarantee uninterrupted use. Frankly, MS has done more than they need to already.
That it is only 'games' is completely irrelevant.
an anti-Semitic slurr against Jewish attorneys?????
Not bad on the phonetic spelling, the word origin is scheisser...
--------------------
Posted by Gamertag "morgenes 47" on Friday, January 04, 2008 @ 05:58:02 AM:
Kudos to Microsoft -- they don't HAVE to do anything like this, so I'll be appreciative of any free game (as long as it's not one already out). Does the phone company give you free service or refunds when the phone line goes out? I don't think so. Does the electric company reimburse you for annoyance when the electric goes out? I don't think so.
Thank you Microsoft.
I personally didn't mind too much, because I was on vacation without my 360.
But one more thing, these guys are trying to collect $5,000,000????
That's basically saying that these three Texan plaintiffs believe that they should collect the damages for the outages that affected everyone else. The total amount of "damage" to them was at best $150 for their three LIVE subscriptions. But even then it should only be $24, because LIVE only had problems for less than a month.
Yet all these toolbags are going to accomplish is maybe getting a voucher worth $2-5 worth of service and the lawyers will get to walk away with hundreds of thousands of dollars.
voucher worth $2-5 worth of service and the lawyers will get to
walk away with hundreds of thousands of dollars."
Make that "hundreds of MILLIONS of dollars." It's a closer estimate.
Is it anything like a "dammed stupid englishman"?
It seems like every week we in the "Free world" hear about another "silly lawsuit" against some scandal rag published in the UK for publishing untrue stories or violating someones privacy.
Don't worry about M$ , BTW they employ more lawyers then people who live in London.
People who give MS truly do deserve all the headaches that come with it.
~Neo
Seems to me like it's all to easy to sue people for the most stupid little issues.
Good for Microsoft though admitting there was a problem and offering compensation to everyone effected.
Time the courts actually done the decent thing and just tell these people to stop wasting everyones time.
Rant over!
Go for a walk people! Go socialize! Interact!
Plaintiff's attorney should be disbarred.
These people should get a month's free gaming or a gift certificate of some sort to make up for loss of service, and then they should consider themselves grateful that the courts can't sue them right back for wasting their time.
The term has moved on somewhat. It's generic now. It still means a slimy rat of a lawyer, but as with many things in America it's become integrated and can be applied to just about anybody.
My cable TV goes out every now and then, they send me a $10 rebate in the mail, and I get on with my life. I don't sue for a couple of million.
If Microsoft had in any way injured these people or infringed on their basic human rights, it would be another matter entirely.
- Liability Waiver
- by vanareb January 5, 2008 9:11 AM PST
- I jus wonder if Microsoft buried a waiver in the EUA on their free download requiring whoever downloads the free game to agree not to participate in the Class Action suit.
- Reply to this comment
-
Showing 1 of 3 pages (86 Comments)