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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Halo2ODST23286d ago

wow, this is interesting. had no idea

XboxOneX3285d 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.

ChronoJoe3285d ago

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


DragonKnight3285d 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.

Concertoine3285d ago

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

onanie3285d ago

You can tell who bangs his XboxOne every night.

kenshiro1003285d 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 3285d ago
medman3285d 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.

UltraNova3285d 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_Spear3286d ago

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

FarEastOrient3285d 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.

S2Killinit3286d ago

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

rainslacker3285d ago (Edited 3285d 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.

S2Killinit3285d ago

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

rainslacker3284d ago

Nope, just insanely smart.:-D

Bzone243286d 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.

Immorals3286d ago

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

Bzone243286d 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.

kreate3285d 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.

S2Killinit3286d ago

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

Bzone243286d ago

Your friend would owe you a disc in that situation.

OldDude3285d ago

You might want to find new friends.

Jrmy843285d 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.

joeorc3285d 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.

ChronoJoe3285d 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.

MasterCornholio3285d ago (Edited 3285d 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.


iTechHeads3285d 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 3285d ago
Rookie_Monster3286d ago (Edited 3286d 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

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.