Fed-Up Gamers Sue Microsoft

Dennis Faas's picture

Not long after Microsoft announced that it would be extending the warranty on Xbox 360 consoles to three years, system owners served up a class action lawsuit against the company, seeking $5 million in damages for scratched discs.

The lawsuit, filed in Fort Lauderdale, Florida, claims that the plaintiffs "have been damaged in that their game discs were destroyed by the Xbox 360 during reasonable, foreseeable, normal, and intended use." The lawsuit maintains that Microsoft is responsible since "the Xbox 360 was negligently designed and manufactured in that the console's laser disc reading assembly contacts and scratches the video game discs during normal and intended operation and use." (Source: joystiq.com)

Microsoft's present solution for scratched discs is a far cry from the $5 million that the plaintiffs are seeking. Currently, gamers with scratched discs can mail them along with $20 to Microsoft, who in turn send back replacements. (Source: techtree.com)

The case originally stems from Jorge Brouwer, who claims that Microsoft has received thousands of complaints but has neglected to replace all of the scratched discs. (Source: dailytech.com)

The lawsuit cites investigations of scratched disc complaints in the Netherlands. A Dutch television program tested the Xbox 360 consoles and found that one in nine consoles scratched a disc after five hours of play. Brouwer's lawyer, Jeffrey Ostrow, said that he discovered the television reports on Wikipedia, the online information source which has repeatedly been cited for inaccuracies.

Upon the release of the Dutch television reports, Microsoft announced that there was no pervasive issue with scratched discs.

At the present time, Microsoft is continuing to maintain its innocence. Spokesperson Jack Evans assures that "out of the millions of Xbox consoles in use, Microsoft has not received any widespread reports of Xbox 360s scratching discs." (Source: foxnews.com)

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