600°

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.

christopher64536048d 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...

ktchong6048d ago (Edited 6048d ago )

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

christopher64536048d 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.

Nevers6048d ago (Edited 6048d ago )

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

oohWii6048d 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!

Caxtus7506048d 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 Man6048d ago (Edited 6048d ago )

"The Round Peg" HAHAHA THAT COMMENT WAS AWESOME!

ASSASSYN 36o6048d ago

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

6047d ago
+ Show (5) more repliesLast reply 6047d ago
power of Green 6048d 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.

Blademask6048d 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 36o6048d 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 Cage6047d 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.

+ Show (1) more replyLast reply 6047d ago
Neurotoxin6048d 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.

IGNFTW6048d 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 Man6048d ago

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

PS: Don't Mess with Texas!

Maddens Raiders6048d 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*

AzaziL6048d 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.

FunnyBone6047d ago (Edited 6047d 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!!!!

ravinash6047d 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.

Neurotoxin6047d ago (Edited 6047d 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.

FunnyBone6046d ago

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

+ Show (5) more repliesLast reply 6046d ago
power of Green 6048d ago (Edited 6048d 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?.

ktchong6048d ago

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

Blademask6048d ago

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

Show all comments (88)
110°

Mortal Kombat 9 Is Still NetherRealm's Best Game 13 Years Later

Salman from Tech4Gamers writes "Mortal Kombat 9 revived the series from a low point after bringing it back to 2D combat. It marked a new high-point for the franchise due to its incredible roster, exciting cinematic story mode, and high-octane combat."

Read Full Story >>
tech4gamers.com
Sonyslave320h ago

I like which ever one, Raiden was speed blasting muthafkers.

monkey6023h ago

I agree. 9 was awesome

Shaolin Monks next please

vTuro243h ago

Shaolin Monks is a forgotten gem. I would love to see a new one, or a remake of the old.

vTuro243h ago

That game was actually goated. It was the first time ever that I actually tried to get good at a fighting game. Unfortunately the online connection was so dogshit it made it hard to enjoy and eventually I gave up. Haven't really played much fighting games since.

200°

Microsoft is discounting the Xbox 360 store up to 90% before it shuts down for good

Microsoft has slashed the prices of games across the Xbox 360 store in preparation for its July 29th closure.

Read Full Story >>
videogamer.com
Tacoboto6h ago(Edited 6h ago)

The Dishwasher
Vigilante 8

Two non-BC and no-PC-version Arcade titles I downloaded recently. Dishwasher's sequel is on Steam at least.

I've also downloaded Ninety-Nine Nights II (shame the first wasn't available). I still want to download Burnout 3: Takedown before the weekend's up, though that is still the full $9.99 non-discounted price

franwex3h ago

Burnout 3 not available in modern times is a crime to humanity.

I know it’s probably due to the music licensing-though they can simply add other music as Burnout 3’s biggest flaw to me personally-is the music!!!

290°

Xbox gamers warned they've 72 hours before a ton of classic games are gone forever

The Xbox 360 Marketplace is officially shutting down in three days, which means dozens of exclusive, digital-only 360 games will no longer be available to purchase anywhere else once it does.

The Xbox 360 will be almost 20 years old next year, and to celebrate this milestone Microsoft have decided to obliterate all of its online functionality.

Read Full Story >>
gamingbible.com
shadowT12h ago

Phil Spencer: "Game preservation is critical to us at Team Xbox."

10h agoReplies(7)
darthv728h ago(Edited 8h ago)

Technically, the games ARE preserved... they are just removing the ability to purchase new games through the 360. They have to keep a full backup of every title (even delisted ones) because they will have to offer the ability to redownload purchased content to users.

I had deleted some games a few years back that had become delisted. I was able to get them back by going through my download history. The games in question were TMNT (classic and re-shelled), afterburner climax and outrun online. Im glad I was able to get those back as they are some of the best on the service.

Lightning777h ago

Well The Ultimate Alliance games have been delisted. I dunno how many old Activision games have been Delisted but MS needs to remake or remaster old Activision games and release them on Xbox and PS. I. Hope that's what they're doing right now.

They can't reserve everything but they 100% can reserve what they got or own.

Vits9h ago

Fortunately, the X360 was jailbroken a long time ago, so a good part of its library is available for download from 'alternative' sources. Still, it's a bummer to see the store going away.

Inverno7h ago(Edited 7h ago)

Dawn of The First Day
-72 Hours Remain-

Also they can keep the store up for life if they wanted.

hiawa236h ago(Edited 6h ago)

Series X for the back compat titles, and OG Xbox and X360 for those not on BC. I pretty much bought all of the digital games I want for the 360 so I am good.

anast4h ago

They are holding games hostage so people spend more money. This is some sleazy stuff.

Reaper22_3h ago

No, not telling you would be sleazy. I have a few more games to buy then I'm good. 360 was and still is a great console. Xbox is the best place to play!

anast2h ago

I'm not sure we are on the same page.

Show all comments (24)