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Microsoft sued over Xbox Live outage

CNET News, January 4, 2008, by Ina Fried:

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.

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christopher64533491d ago

DO NOT APPROVE THIS STORY. I am an XBOX LIVE gold member since day one, even in it's original capacity with the original Xbox, and I honestly do not believe this will help ANYTHING!

Everyone is all happy to jump on the "We deserve free stuff" banwagon but truely, do we? Geez. Be happy with what you have. If I was told that I would have perfect service for 11 months and 3 weeks, I would be ok with slightly irregular hit and misses for the last week. Now I understand that I only had 1 day of problems where some had a couple weeks of problems, but Microsoft is not neglegent here.

So if all the crybabies would just pull up their panties, button up their dresses and relax, it's quite possible that Microsoft would compensate us without all the hostilities.

"WE DESERVE FREE STUFF!!!".....please, give it a rest already.

Let the flaming commence...

ktchong3491d ago (Edited 3491d ago )

Nobody is getting anything free from Microsoft. That much I can tell you.

christopher64533491d ago

So Round Peg, if I read your post correctly, then EVERYONE is getting FREE stuff from Microsoft?

"Nobody ain't getting anything free from Microsoft.."

Yea, English classes help.

Nevers3491d ago (Edited 3491d ago )

was your square hole English class? What in god's name are you saying?

oohWii3491d ago

It's become too easy to sue people these days, maybe I should sue Nintendo because I couldn't get another wii this holiday. I will sue them for having a supply shortage, they had a year to get their stock up right?

LET's SUE sony for having a free online service.
LET's SUE N4G for allowing TANOD to post here.

The judge should boot their A$$es out of the STATE!

Chexd3491d ago

its in the Ts and C that Live may exerience outages or go offline etc.

It wont stand up. They agreed to the Ts and Cs and therefore agree that the service may go offline.

Besides, listen to E off Major Nelson's show. He said they knew it would be busy. A few issues went wrong not just one.

Shadow Man3491d ago (Edited 3491d ago )

"The Round Peg" HAHAHA THAT COMMENT WAS AWESOME!

ASSASSYN 36o3491d ago

Has anyone deciphered what round peg was saying. I can't read engrish!

3491d ago
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power of Green 3491d ago

If they pulled what Sony did with the PS2 refusing to admit or fix the problem they would have! but unlike Sony they fixed the problem without having to be sued.

Blademask3491d ago

@ Power OF green.

Yeah PS2 sure didn' fix the problem. Thats why all 100 million + ps2 owners are suing right?

You chumps are getting owned left and right. 08 Just isn't the year for you guys.

ASSASSYN 36o3491d ago

Yeagh we are getting owned. As if this lawsuit is coming out of my pocket. Microsoft gets sued all the time. This isn't the first time they have been sued and won't be the lasts. Sony gets sued all the time. This is the reality of business. Those whom think otherwise live in a bubble.

news.zdnet.co.uk/itmanagement /0,1000000308,39244664,00.htm
http://www.mp3.com/news/sto...
http://www.cnn.com/2003/LAW...
http://www.gamespot.com/new...
www.gamepro.com/news.cfm?arti cle_id=66648

Jon Cage3491d ago

After the 5th day of having lower quality of XBL service than I am used to I looked up what I agreed to. I wanted to know the exact wording before I called to complain about the problems. Here is exactly what everybody agreed to when they clicked on that TERMS OF USE box.

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.

If you want to whine and complain feel free, but you should also read every single contract BEFORE you sign it. It's just good common sense.

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Neurotoxin3491d ago

Wow what a surprise some Rednecks are attempting to sue over something that happens quite alot. I wonder if when the local rodeo closes for refurbishment they try and sue them? I think not.

IGNFTW3491d ago

HOUSTON TEXAS IS NOT FULL OF UNEDUCATED XBOX 360 OWNERS,YOU DON'T HEAR ME SUING MICROSOFT FOR PROVIDING A HORRIBLE SERVICE DURING THE HOLIDAY'S,DO YA?

Shadow Man3491d ago

Im from texas and im not a redneck. Stop stereotyping! U SOB.

PS: Don't Mess with Texas!

Maddens Raiders3491d ago

knock off the Texas bashing fella. There is a ton of bad ass people from all over the world and bad ass things in Texas. Your stupid ass sterotyping is so last century. *rolls eyes*

AzaziL3491d ago

And I just wonder how much of a cut they'll get from the 5 mil compared to everyone else that actually suffered from the outage.

FunnyBone3491d ago (Edited 3491d ago )

Typical Statment from a European... I wont go there but there is so much stuff i could call your country out on....

End Statment- Keep Riding Americas Coatails Son...You guys are good at it!!!!

ravinash3491d ago

and 5 mil is not a lot to MS.
maybe they were just trying to sue for a low amount so MS will think they might as well settle out of court so they don't have to pay the lawyers.

Neurotoxin3491d ago (Edited 3491d ago )

Woooooo... Chill out, didn`t say all of you were. Ok i will reword it.

Ok i bet it was a bunch of Rednecks.... However not all people from Texas are Inbred Rednecks.

Better?

Call My country what you like mate, you won`t see me getting all riled up about it.... so uptight.

FunnyBone3490d ago

Just making a joke...But some do take it seriously..

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power of Green 3491d ago (Edited 3491d ago )

Dam you usually say smart stuff. MSFT is giving stuff away because they feel bad about the down time. lol

Now back to sueing Comcast(MY CABLE PROVIDER) for the current outage.

You're one of the members I respect the most but do you own a 360?, MSFT never gives content free?.

ktchong3491d ago

And I'm pissed with the Live problem. You should be too.

Blademask3491d ago

This may be a first TRP.. but eh.. bubbles... I agree.