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Microsoft can’t make Xbox 360 console defect litigation go away

No matter how hard Microsoft tries, it can't defeat a judicial order requiring it to face a proposed class-action lawsuit claiming that the Xbox 360 renders gaming discs unplayable because the console scratches them.

The decision (PDF) Monday by the 9th US Circuit Court of Appeals sets the stage either for litigation over the allegations or a Supreme Court showdown.

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arstechnica.com
Halo2ODST23949d ago

wow, this is interesting. had no idea

XboxOneX3948d ago

Microsoft are awesome and I am sure they will make sure anyone who banged or dropped their consoles with the game inserted and scratched the game will be compensated.

ChronoJoe3948d ago

Yup, good guy Microsoft want to replace all our damaged games for free.

:/

DragonKnight3948d ago

"anyone who banged or dropped their consoles with the game inserted and scratched the game."

Ah, gotta love a blatant troll account saying things it knows are outright disingenuous.

Concertoine3948d ago

My friend banged his console, wasn't pretty for either party

onanie3948d ago

You can tell who bangs his XboxOne every night.

kenshiro1003948d ago

My PS3 fell over once and it still works good.
A console shouldn't scratch disks the minute you move it.

+ Show (2) more repliesLast reply 3948d ago
medman3948d ago

Microsoft built a real hunk of junk in the 360...it's one of my favorite consoles of all time despite all it's flaws, but my goodness it's a rolling dumpster fire of non-reliability. They went cheap on it's design and materials, and payed a heavy price for it.

UltraNova3948d ago

What you said but mainly because they had to beat Sony to the punch at all costs..costs that proved to be in the billions.

Kemo_Spear3948d ago

I am amazed that this story has not been approved yet.

FarEastOrient3948d ago

What's also amazing is how slow the court process is. At this rate (including the EU case) the Ps5 and Xbox (two?) will be out.

S2Killinit3948d ago

Wow this is still going on. MS attorneys must be working extra hard. Imagine how much money they're getting. Im jelly.

rainslacker3948d ago (Edited 3948d ago )

I was just thinking...MS doesn't want the class action lawsuit, and said that people could sue them individually...but wouldn't it be awesome if all 55K complaintee's(and anyone else who didn't complain directly to MS) actually did sue MS at the same time. Imagine how much more that would cost them than a class action lawsuit since they would be obliged to go to court for every single one...likely through a representative(lawyer)...which would have to be contracted out on a state by state basis. Since MS does business in every state, they can be sued in any state.

Something to consider since filing a small claims lawsuit doesn't really cost much in most states. Even if MS won every single case, that's still a lot of money they're spending on retaining lawyers.

Just a fun thought I guess...since I find class action lawsuits seem to really just benefit the lawyers, and not many others, and more often than not the cost to the company being sued is a mere fraction of what they should be paying.

S2Killinit3948d ago

Haa. Am i correct in presuming you are a fellow law student?

rainslacker3947d ago

Nope, just insanely smart.:-D

Bzone243948d ago

What kind of idiot moves their console or anything spinning a disc from vertical to horizontal or vice versa while the disc is playing? If I'm not mistaken, the instructions even said don't move your console while it's on.

That said, it shouldn't have scratched the discs that bad by doing so.

Immorals3948d ago

Wired guitar hero controller, alcohol.. Goodbye guitar hero Metallica!

Bzone243948d ago

Well of course alcohol mixed with Guitar Hero and a wired controller, you are going to end up with some scratched discs. That goes without saying. Lucky if the console survives.

kreate3948d ago

The thing is, the instructions originally did not state any such warning statements until after they got hit by a lawsuit.

Sometimes im in middle of a game and had to move the console while the game is paused. Although I was extremely cautious.

S2Killinit3948d ago

Fifa with friends, friend bad looser, kick to tv stand, goodbye Fifa.

Bzone243948d ago

Your friend would owe you a disc in that situation.

OldDude3948d ago

You might want to find new friends.

Jrmy843948d ago

Actually it completely ruins the disk, I had my Fat Elite sitting vertical and it was bumped while I was playing GTA4 made the disk unreadable. My disk Dr couldn't buff the deep circular wide scratch out.

joeorc3948d ago

That's what can be indeed happen with an optical drive that came.with no vibrational restrictive padding!

Like I pointed out below independent testing was done by sites like tomshardware, watchdog groups, this was Infact true. Retail units were opened up breaking warranty and the optical drives were inspected..there was Infact retail units in 2006-2008 that was in retail channel's that Microsoft shipped to retail that had such faulty Toshiba optical drives.

For those that think , there is still any doubt, what optical drives did Microsoft use for their HDDvD optical drive external add on for the xbox360 who made all of those drives?

Ummmm, Toshiba? Ding..ding..ding..we have a winner.

ChronoJoe3948d ago

I remember accidentally knocking my console while playing World at War. It started sounding like a lawnmower!

It was the final mission on veteran though, so I just kept playing. Haha, wanted to get the game beat before I sorted out the problem. The disc was indeed broken afterwards. It would load some content, but some multiplayer maps would fail to load every time.

MasterCornholio3948d ago (Edited 3948d ago )

I can think of a natural cause that could scratch the disks.

Any form of vibration caused by the the shifting of the tectonic plates.

Microsoft would have tested the XB1 in San Francisco.

;)

iTechHeads3948d ago

Did you not read the article? People are claiming the console scratched their discs without them ever touching the console. They are claiming defective console units or design.

It's a really small number of people though compared to the 44million 360s sold in the US.

It's probably an acceptable error rate.

+ Show (3) more repliesLast reply 3948d ago
Rookie_Monster3948d ago (Edited 3948d ago )

"The suit claims that vibrations or small movements of the gaming console can cause the optical drive to scratch discs. Microsoft was accused of knowing about the alleged issue before the Xbox 360 launched in 2005."

Wait, I am pretty sure when I bought my first white X360, there is a sticker near the disc tray that say this
http://pictures.xbox-scene....

SO I don't know what is more need to be said if the buyers didn't follow the instruction and elected to move the console while it is playing a spinning DVD disc.

ABizzel13948d ago

The argument is that a product that's designed to read disc, should have no such defect to begin with where it completely ruins a $60 purchase.

Common sense could have saved a bunch of games, but sometimes accidents do happen, and when you're selling a product you have to make sure it's a stupid proof as possible, because people always find a way to out stupid one another, and when lawyers and greedy people find exploits then boom class action law suit.

If anything the RRoD should have been it, not the disc scratching.

XboxOneX3948d ago

The RRoD was a very small issue that got blown up way out of proportion by people on the internet.

Bzone243948d ago

@XboxOneX
Pretty sure it wasn't a small issue. I got rrod once, but got a replacement in a couple weeks. If it was small Microsoft wouldn't have set aside a billion dollars for it.

joeorc3948d ago (Edited 3948d ago )

While what you stated is quite true, it still does not take awayvfrom the fact that due to Microsoft's and Toshiba's very own failure to recall such faulted optical drive's and xbox360/units that had shipped with such a faulted optical drive and not being done with due prudence in the case of doing a product recall, sticking a warning sticker after the fact still does not take away the fact there was faulty units still on the retail chain that had this fault.

Yes you could say , well that's with any product , and while that is indeed true, the problem is when you had a product in the retail chain that had over a 55% failure rate and no product recall was done on the 1st 11 million units!

Like I stated, putting a sticker on there is one thing doing a recall is another.

This law suit is a result of pretty much on n product recall , when you could do exactly what Microsoft did, which is fine and dandy but also the fact that no recall was done on a product with suchva high failure rate..11 million units is quite a lot of units.

This law suit was bound to happen sooner rather than later.

Summons753948d ago

No like I said below. You're maybe too young for potable cd players but those cds got scratches because of movement and cd players in cars will eventually scratch cds because of movement. It's what happens when two things hit. Moving a console with the disc in is probably the stupidest thing I have ever heard or seen anyone do. You like your $60 game? treat it with respect. People complain about discs getting scratched all the time by systems, kids, pets, S/O. I've never once had a problem because my kid, (late) dog, and parents all knew if you touched a dvd/bluray, game, cd then you make sure you treat it as if it were a new born or don't touch it at all. Let a friend borrow a game once, it came back scratched. I made him buy me a new one (gave him the one he ruined). Never moved my system with the disc in it either and have never had the problem with it because I know how to take care of my stuff.

SlyFoxC3948d ago

@XboxOneX

Small issue?

I had 5 RRoD, let me repeat 5 RRoD. 3 were on the same console (Day one console) and the other 2 were on 2 replacement consoles.

rainslacker3948d ago

I can't think of a single console I've ever owned where I haven't moved it in some way, either accidentally, or intentionally without having any sort of disc scratching problem. Heck, on the PS1, it was a common fix for DRE to turn the console upside down. I've have owned every CD based console except the those really rare niche ones, and those in the Xbox line, so I can say that I do have quite a bit of experience on the issue.

I will agree though that it's probably not the best thing to do in a tray loaded or slot loading drive, as they may not have a way to secure the disc on the spindle.

+ Show (3) more repliesLast reply 3948d ago
dantesparda3948d ago

@ Rookie Monster

Defend, defend, defend. Wow! Some of you people are just unbelievable. Seriously, you're still gonna argue this crap? You still cant admit it was a cheap piece of junk?

Azzanation3947d ago

Much like the PSN petitions for a better service. Fan boys will denie anything which makes there favorite brand look bad.

dantesparda3947d ago

Try harder kid. Yeah, no, this is nothing like that. And Live has just as many problems, but you people deny that too.

https://downdetector.com/st...

Why look at all those problems. You're in denial kid.

Show all comments (53)
70°

Microsoft Gaming Revenue Drops 7% Year-on-Year, Content and Services Down 5%, Xbox Hardware Down 33%

Microsoft announced its financial results for Q3 of fiscal year 2026, including an update on its gaming Xbox business and more.

Read Full Story >>
simulationdaily.com
Jin_Sakai13d ago (Edited 13d ago )

Not looking good. Hopefully Asha Sharma is able to turn Phil’s disaster around.

dveio13d ago

To me it's still quite remarkable how they can cash-in 5.3bn in revenue in a single quarter, since their hardware is basically dead.

Jingsing13d ago

The stock mark is what makes Microsoft remarkable, They have convinced every institutional and retail investor to just keep piling money into them. Like many big tech giants they are just a big growing pyramid scheme. As long as people keep dropping money into ETF's that cover the market Microsoft will always be liquid. At the same time it is completely stifling innovation and competition. People need to start being more discreet in how they invest their money as it's killing the system.

Tanktopmaster9213d ago

Once they re-evaluate exclusive all will be fine….

S2Killinit13d ago

Riiiiight because people will just flock back to them for one or two games per year.

Jingsing13d ago

15+ years of bad performance is what they call irreparable in business. It is time for them to sell off the assets and get out of entertainment.

Tanktopmaster9213d ago

These declines are on the back of extra revenue received from releasing games like Forza horizon 5 on PlayStation. So I’m being sarcastic here when I said they should go back to exclusives. Killing off a revenue stream from Ps5 sales will only make things worse

Show all comments (13)
70°

Xbox boss: Memory crisis could impact next-gen hardware pricing

Xbox boss Asha Sharma has discussed how component shortages will impact the company's plans for Project Helix.

Read Full Story >>
gamedeveloper.com
Eonjay15d ago

When does this end? Its killing everyone. Consoles and PC. And for what? AI? The benefits of AI are completely outweighed by the negatives. And the government should have never allowed one company to buy up all the RAM.

Lexreborn215d ago

This kind of proves this is an after thought product, most products like this are in r&d 5 years before they start mass producing. So they typically have the cost of components and things worked out long before assembly starts.

This is an assumption still, but I wouldn’t be surprised if project helix is similar to Scalebound,perfect dark and sod3. They had an idea but no actual execution other than concept stage. Being impacted by the ram shortage likely would also put this device 3-4 years out.

I’m not even sure MS has that endurance with Xbox yet

Fishy Fingers15d ago (Edited 15d ago )

I mean.... what?

We're at a point that Samsung wont even provide their own phone department ram because they can sell it at higher prices to 3rd parties (AI). Its more profitable to sell the ram than make their own devices with it.

You think because R&D starts 5 years ago the 3rd party component manufacturers will honour that price? They'll sell it to whomever is paying the most today, not some gentlemens agreement they made years ago. AI farms will buy more volume at higher prices than any console manufacturer will. It'll be the same for Playstation.

Lexreborn215d ago

Contractual agreements are not the same as “gentlemen” agreements. If you think that they work with their distributors a month before production then their entire business model is trash. They work with companies like nvidia constantly for building the graphics cards they need. They work with companies that build motherboards years in advance. This is what proper business planning does.

They are not buying components on a whim like a consumer. So again, considering the ram isn’t a singular module and is integrated into the motherboard I highly doubt they wouldn’t have a final schematic that they are supposed to be building around.

If they are delaying production another 3 years then it’s obvious again this is an after though project and is just trying to be responsive to their bad execution they had the last 14 years.

It also isn’t far fetched to use their failure to produce first party titles the last 7 years including the highly anticipated games I mentioned all being cancelled. That they would continue to you know… lie

Sitdown15d ago

You don't really know how this works huh?

Profchaos15d ago (Edited 15d ago )

Helix is going to be stupidly expensive

Instead of leaning into smarter upscaling techniques they're brute forcing hardware that will cost them dearly and it remains to be seen if it's genuinely going to provide a meaningful differential

I know in the oc.doace people like to brag about not using frame gen or dlss to get to high on a game but for the majority of players they happily use those technologies without a second thought

That's going to be ps6 vs Helix

Eonjay15d ago

Yeah with FSR 5 they should be able to offer a much cheaper version of Helix.

Eonjay15d ago

While this does seem to be the case, I am encouraged by the statement from Microsoft about wanting to provide affordable options. If this means a Series S style Helix, at least there will be something affordable being offered.

XBManiac14d ago

Series S is what has killed Xbox Series so... Will they dare?

blacktiger15d ago

It's called systematic inflationary. Yes we get it Microsoft, keep raising in the name ofall kinds of stuffs

pwnmaster300015d ago

Honestly if there was thing I learned from this generation is that new consoles arnt day one anymore.
I can wait 1-3 years.

DarXyde15d ago

Another important lesson from this generation: while Nintendo showed us that prices don't necessarily need to ever drop, we've now learned that waiting 1-3 years does carry some risk that prices increase. This generation is just bizarre in all the wrong ways.

LucasRuinedChildhood15d ago (Edited 15d ago )

The factors are largely external. Covid and Russia-Ukraine war causing inflation led to the first price increase in 2022.

Then we get Trump's tariffs increasing hardware prices, AI boom causing a RAM crisis, war on Iran causing a worldwide fuel crisis which impacts the cost of everything.

Gaming doesn't exist in a vacuum. The last few years have been a shitshow and lot of it was definitely avoidable.

DarXyde15d ago

LucasRuinedChildhood,

For sure. No disagreement on the external factors doing a lot of this. Where I have to gently push back however is on two fronts:

1. The pandemic definitely caused some issues: asynchronous development was a big issue and really complicated timelines and affected game quality. At the same time, when it comes to price hikes, it's really difficult to know what was genuine necessity and what was taking consumers for a ride. The pandemic brought about "stag-flation" which was increasing prices and stagnant wages, which was a problem caused by supply chain constraints. There was also "Greed-flation", where companies that were slightly affected or had no issues took advantage of the situation and squeezed everyone citing supply chain issues when there were none.

2. It's definitely true that the tariffs, AI boom, and RAM crisis were all things enabled by tech broligarchs throwing money at this caricature of a world leader, one of them being Satya Nadella. I don't think Sony and Nintendo have contributed much to this problem if at all, but Microsoft's Nadella I feel was instrumental in causing every one of those issues. Microsoft as a company contributed to both candidates (though they gave Harris 4x as much if I recall), but Nadella was all in on letting AI run wild. He paid for unregulated AI, and got a war that's not a war (even though Trump called it that at least five times on television) that screwed up helium access. So for me, I feel that one of the players in the gaming industry is a key architect of these issues, and for that reason I struggle a bit to think of it as "external".

Show all comments (28)
50°

'The big things that we're thinking about'

In an exclusive interview with Game File, new(ish) Xbox boss Asha Sharma and Xbox chief content officer Matt Booty explain their vision for Microsoft’s gaming division

Read Full Story >>
gamefile.news
Agent7516d ago

A good start would be to release games to go with the console. My Xbox Series X has gathered dust virtually from launch. My advice would be to ditch a next console and release games on PC, PlayStation and Switch. Another idea would be a hybrid console based on Xbox Series X tech and go the same route as Nintendo. Another idea would be to pull out of gaming altogether. Plenty of options there.

Reaper22_14d ago

Why would they pull out? They have the momentum. Sony has been getting nothing but bad news lately.