Topic: Microsoft Sued over Xbox LIVE Outage (Read 607 times)

Xbox-Scene · « **on:** January 04, 2008, 06:28:00 PM »

Microsoft Sued over Xbox LIVE Outage
Posted by XanTium | January 4 19:52 EST | News Category: Xbox360

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Quote

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."

Full Story: news.com

juntistik · « **Reply #1 on:** January 04, 2008, 07:00:00 PM »

No way they are going to win, I'm sure theres a loophole in the contract that allows microsoft to screw up their service however they see fit.

mlapaglia · « **Reply #2 on:** January 04, 2008, 07:07:00 PM »

i know i was pissed that my call of duty wouldn't work for the most of christmas break (im in college, can't take the 360 with me because of my family wanting to play it)... but i mean, come on, suing m$ over this?

NYCXBOX · « **Reply #3 on:** January 04, 2008, 07:08:00 PM »

Absolutely Rediculas....

It's in the TOS when you sign up that they are not responcible for Downtime, server maintainace or any other connection issues you might experience on the Live service.

You also agree to other rules that cover conduct as well.

Hence Microsoft have covered it ass in every way with the live serivce.

You can't get on - not their fault - they will spin it to be an issue on your end untill they admit that it's their fault.

They have admitted that the servers are not working as well as anticipated, but microsoft has always given fair warning about the live service being taxed due to a large AAA+++ title release such as Halo 2 or Halo 3 as well as Holiday sales.

We all knew there is a chance of live issues around these times. We also all agreed that if these issues do come up - you cannot SUE or Blame Microsoft for them - as you clicked that I AGREE BUTTON.

While 11 days is a bit of a long time for the service to still be in dissarray, it is working , and ALSO AS WARNED, "gameplay may be affected by your online experience" IF the service was completely down for 11 days - I would say they have a chance of getting some sort of out of court settlement - but it does work.

Lastly, these 3 retards are the people we are all going to have to blame for the price of live going up if M$ has to pay these idots anything.

I'll take a free arcade for my 11 days of trouble. Even 1 month of trouble (a few thousand market place points would be nice), but I haven;t logged into live since early December - so really I should be entitled to nothing.

If Microsoft is going to compensate anyone with anything, It should be on a individual basis, be we all know thats too hard to prove, so give all 6 million of us a free game (arcade title) whatever....

JUST GET THE SERVICE WORKING SO WE CAN ALL ENJOY LIVE AGAIN and put stupid shit like this to bed.

BigSteel · « **Reply #4 on:** January 04, 2008, 07:14:00 PM »

As a Canadian, I just can't understand how Americans think that they can sue for pretty much anything. The stranger part is that they do sue and quite often win. This seems like one of the more ridiculous ones that I have heard of. How is not having Xbox Live for a few weeks worth $1.7M?

Edit: I am not is any way insinuating that all Americans are like this.

This post has been edited by BigSteel: Jan 5 2008, 03:15 AM

dbldown768 · « **Reply #5 on:** January 04, 2008, 07:36:00 PM »

what a waste of time and tax payers dollars. people are so dumb and sue over anything

jeffrey92 · « **Reply #6 on:** January 04, 2008, 08:06:00 PM »

they won't win, but I don't see why people are so mad at them. 5 million wouldn't hurt microsoft much. they could easily make it up by making a few new halo 3 maps and charging us for them

guys... you really shouldn't be talking about the stupidity of this lawsuit, and American lawsuits in general. lol this one is semi-reasonable (ok, if no xbox live for 2 weeks doesn't piss YOU off let me know). If you think THIS is bad than let me tell you that you haven't seen anything.

feflicker · « **Reply #7 on:** January 04, 2008, 08:27:00 PM »

IDIOTS.

Note to all non-US people reading this: We are not all this stupid in America. Some of us are actually decent people with common sense.

minooch · « **Reply #8 on:** January 04, 2008, 08:15:00 PM »

QUOTE(jeffrey92 @ Jan 5 2008, 02:06 PM)

they won't win, but I don't see why people are so mad at them. 5 million wouldn't hurt microsoft much. they could easily make it up by making a few new halo 3 maps and charging us for them

guys... you really shouldn't be talking about the stupidity of this lawsuit, and American lawsuits in general. lol this one is semi-reasonable (ok, if no xbox live for 2 weeks doesn't piss YOU off let me know). If you think THIS is bad than let me tell you that you haven't seen anything.

No Xbox Live for 2 weeks DIDN'T piss me off

GET OVER IT!

TSOPrano · « **Reply #9 on:** January 04, 2008, 08:56:00 PM »

From the Xbox Live TOS:

QUOTE

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.

slayerking892 · « **Reply #10 on:** January 04, 2008, 09:12:00 PM »

*** Wonders why we pay 60$ a year?

??*****

SueMiBlitch · « **Reply #11 on:** January 04, 2008, 09:21:00 PM »

what a bunch of douches...

i don't see people suing when power is knocked out or when their cellphones coverege fails etc...

M$ will probably give something to say sorry... this stuff happens... and 5mil is a bit steep

Ddude723 · « **Reply #12 on:** January 04, 2008, 09:57:00 PM »

It's stuff like this that makes me embarrassed to be an American citizen.

Xijar · « **Reply #13 on:** January 04, 2008, 10:52:00 PM »

It's times like this I'm embarrassed to be an American.

0794 · « **Reply #14 on:** January 04, 2008, 10:25:00 PM »

QUOTE(BigSteel @ Jan 4 2008, 08:14 PM)

As a Canadian, I just can't understand how Americans think that they can sue for pretty much anything. The stranger part is that they do sue and quite often win. This seems like one of the more ridiculous ones that I have heard of. How is not having Xbox Live for a few weeks worth $1.7M?

Edit: I am not is any way insinuating that all Americans are like this.

no insult taken, lawsuits like this make me very angry as an American.

i have even more reason to be very upset with frivolous lawsuits as i am physician and frivolous medical lawsuits have changed not only malpractice costs but drastically affected how i and others can practice medicine as almost every decision or patient interaction has to be delicately handled from not only the medical, but now medico-legal aspect - sometimes preventing me from providing the care that i feel is appropriate.

i really hope that the judge not only dismisses this case but makes a statement out of those individuals and their lawyers in this case.

and i have nothing against lawyers (numerous of my family members are lawyers) because most of the time they protect people from others with malicious or negligent intent and we as citizens need that. but over the past 2 decades, the practice of law (at least in the US) has become significantly blemished.

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