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.

[christopher6453]

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...

[ktchong]

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

[christopher6453]

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.

[Nevers]

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

[oohWii]

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!

[Caxtus750]

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 Man]

"The Round Peg" HAHAHA THAT COMMENT WAS AWESOME!

[ASSASSYN 36o]

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

[Frulond]

weird...

[power of Green]

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.

[Blademask]

@ 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 36o]

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 Cage]

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.

[christopher6453]

..

[Neurotoxin]

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.

[IGNFTW]

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 Man]

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

PS: Don't Mess with Texas!

[Maddens Raiders]

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*

[AzaziL]

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.

[FunnyBone]

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!!!!

[ravinash]

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.

[Neurotoxin]

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.

[FunnyBone]

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

[power of Green]

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?.

[ktchong]

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

[Blademask]

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

[power of Green]

People are acting like Sony the second comming of Christ has returned because of Blu0ray and some Xmas sales?.

[HarryEtTubMan]

Stop being a little girl... YES this is HUGEEEE for the Playstation 3. This is goingt o affect PS3 sales by a ton over the next 9 years. Yes the PS3 is gonna sale like the PS2. Yes Sony is gonna beat Microsft. It is literally Inevitable.

[Douchebaggery]

only in America

[power of Green]

Agreed!. Not living in America could Also have something to do with this everyday problem being posted as newsworthy news, we could flood this site with suits.

[Neurotoxin]

Much like the daily Barrage of unfounded rumors regarding certain Ps3 exclusive titles being posted, and approved as news.

Has having one bubble taken away turned you into a less propaganda filled drone now power of Green? One less Fanboy Cretin is always good news :).

[mintaro]

someone is suing them over maybe a week shortage? seems like they're desperate for some money

[ravinash]

I wonder if their Live accounts are still working?

[Meus Renaissance]

Predictable.

[mighty_douche]

if you charge for it......

[PStriple703]

i see atleast sony has started of the year right....

[gamesR4fun]

But really anyone ever sue their isp for an outage and win... Doubt it also doubt they will win this same concept....

[mighty_douche]

"yeah lets go against M$ in court! well win! im sure they dont have good lawyer's, this is in the bag man!!!"

[mintaro]

lol, MS is gonna crush them

[Gondee]

This person is about to get owned. Microsoft, if actuly facing charges will just drag it out, untill she is bankrupt. =) dumb ass hicks

[heyheyhey]

texas is crazy- but something must be done about M$ monopolizing everything and if this lawsuit can help the case then i say let it be even if it is a very small case $5mil lol that would be M$ equivalent of spare change

[mighty_douche]

but regardless what you have in the bank, 5 million is still 5 million.

[llamaman13]

make gold free!

[ben hates you]

One of the biggest damn reasons America is turning into a hell hole everybody is suing everybody for every reason so they can get money, and nothing is stopping them, its why i left for españa

[Nevers]

... this is a frivolous lawsuit. Don't see it going anywhere.

Now then... which arcade game do I want? HMMMMmmmmm....

[Mario18]

THere hasn't been any good news with Microsoft and the 360 today...

[Led Zeppelin]

America...

[OldGamer]

The PSN is free and I'd like to keep it that way. You only pay for what you want and I believe that's pretty fair.
We can't complain if the network is down because we're not paying for the service.

Luckily though, it has yet to fail whenever I've tried to access it.

But then again, people must realize that nothing in life is perfect. The only guarantee you have in life is that you will eventualy die. So enjoy what you have now.

[Ju]

Yeah, I think that's ridiculous. What? Do they need the $5M to cover the recovery costs after their mental breakdown caused by a week offline? What a world. Some greedy lawyer as an adviser, hah ?

[cmrbe]

I think said that there is a posibility that live was hacked. I wonder if they can use that as defence.Yeah i think this is too much too.5million!

[nice_cuppa]

you americans and your law suits.

accidents happen.

microsoft didn't do it on purpose.

pathetic.

[Sez]

well not for nothing. i'm interested on how this turns out. i mean if they win their suit. then i am sueing cable. you don't know how many time my internet and phone goes out. and when i call someone to come out. they always say we will charge you if the problem is your fault. but when they come out they never find out the problem. they keep telling me to report it each time so i can get a bullsh*t credit.
if they will then i know i will file one.

i hate to say this being i and a 360 fan. but i hope those people win. maybe this will make these provider keep on their jobs. since they charge for the service.

[OOG FunK]

you sound like a moron...

You cant always control technology....technology fails from time to time...and that is all technology...its just how it goes...

There no doubt these people will lose since it is a stupid thing to sue over in the first place.....

and in the weird chance that they did win then we would have to see everyday people suing companies for something breaking/outage/ technical issue etc all the damn time.....

Ah imagine now we will see people suing computer companies for HDD failures and virus crashes.....for lcd tvs breaking and not getting them replaced within the first day of it breaking etc etc etc

[OOG FunK]

lmfao some people are so damn stupid....sry 5 mill for intermittent outages for the past week...o lmfao plzzzz its technology and technology in the end will have issues from time to time...this crap will be thrown out so fast

[hotshot127]

i definetely agree with you. i would be pissed to if i paid for a service and over christmas vacation(the only time when people can really get some hours in) it was down the whole week.

power of green is just getting angry for no reason other then the bad news 360 has been getting.

i feel your pain. but problems do happen, i guess all you can do is accept it and take that free game (that microsoft has so much money, probably wont even notice the little bit of money they lost) or w/e

but again, i feel your pain.

[Dukester101]

It's pretty sad that we live in a world where people sue over the dumbest freaking things.

Give the company a break for crying out loud... servers go down.. get over it.

It's people like these guys that make it ok for me to get sued by a burglar that breaks into my house!

Same crap with the McDonalds coffee lady... people are so stupid. Coffee is hot... no reason to sue... damn!

[Game13a13y]

i hope the rednecks win and share the money with all gold members :D

[OOG FunK]

thats the funny thing I dont understand why these people think they should have the right to sue over somethin that has caused issues for a lot more people then just them....sad when people think they are more important then the other millions of people that dealt with the issue.....

[marcdz1]

This is good that they stood up when no one else had the cojones to do it. So what do you mean this is just a weeks worth downtime on their part. Give them a break. Forget that crap if the world was like that everyone would be taking it up the arse.

[kewlkat007]

it's like if my Internet went down for a few hours I would sue my cable company?

I mean were talking about Network Latency issues, what about satellites, when you don't get a picture and some other services, Well this is America.

Imagine if everyone ever sued over imperfect "services"?

I had a power outage 2 weeks ago, should every citizen I sue the City?

More lawyers here then the rest of the world.

[xplosneer]

sueing over pretty much $1.20 worth of live. You have to be kidding.

[TheFatOne]

Thats what happens when you are a big company. There is always a bulls eye on your back and you have to be careful.

[gamehendge]

the word "sue" and "microsoft" are always in the same sentence.

[gano]

()

[Ahhhh]

Wow, shows they have no life.. Maybe, you should GET UP and do something instead of suing cause you couldn't connect to Live. heh

Yea, it sucks cause we're payin and yea I was a bit mad. But, it's not like I just sat around till waiting for it to work..

[bababrooks]

could not be good news for MS as soon as i noticed the amount of comments! this i will tell you................ms have made online a real gaming platform , no AI anymore! good on you microsoft:)

[The Wood]

These people are stupid. This sue for anything culture is fast becoming the norm and its trying to creep into the UK also. Local councils dont want to have parks or playgrounds any more because parents are more likely to sue if their child has an accident there. These people should be ashamed of themselves. Im not saying that a service should be infallible or people shouldnt complain when things go wrong but this is just a little too far. MS nickel n dimming people might lead to more stupid acts like this.

[Knightofelemia]

You know Windows vista never ran well on my computer. So I went back to Xp Should I sue Microsoft for a faulty program? Sueing for a Xbox Live being down is just stupid. Give it time and problems do get fixed, I am not going to sue Sony for having a crappy launch line up.

[Kugar77]

but this is over the top, give the guys at microsoft a break. this is the first time its ever happened (to my knowledge) and everyone's freaking out about it. xbox live membership is $50 i believe, $50/365 days = about 14 cents a day. multiply that by 10 days and microsoft "owes" all of its member $1.40...so my point is everyone who is b*tchin about it needs to stop cuz $1.40 is absolutely nothing. get over it and i hope these guys lose in court big time

[EastCoastSB]

Geez, some kids really needed their fix of Halo. lol

They're going to get crushed if this even makes it to court.