Saturday, January 5th 2008
Microsoft Sued Over Xbox Outage
It was a matter of time since someone decide to take his chance in court over the last Xbox LIVE service issues. 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."
Source:
CNET News
23 Comments on Microsoft Sued Over Xbox Outage
why not right?
i mean, im an xbox live gamer too =[[
Ps. I agree there are too many of these ppl who try to make an easy fast buck with lawsuits, but also I think big companies keep taking taking taking our money. They need to learn that when you earn big money you better be worth it and make sure you dont take my/our money under false pretences. Im 100% sure Microsoft could have prepared for this holiday, they sure were prepared for all the money they would make?
I THINK it was someone at my school who wanted to sue them:twitch:
Its like getting stressed out that your character in a game is sick or some shit. Its stupid.
You have to call them and tell them about the blackout so they won't charge you.
I would be mad to pay for something that I don't even get.:mad:
BTW I posted before Malware!!! lol..
May microsoft burn in hell
We get internet outages for maintainance as well as for server issues sometimes (not often, but once or twice a year at random).
You still have to pay for the internet service. If you rely on the internet for a business that also makes the ISP faultless in these cases because service breakdowns are in the contract.
I wonder what sort of agreement xbox live users agreed to and if it involves unavoidable loss of service. Yay then Apple can monopolise the market with their overpriced machines/software...:rolleyes: great idea
So by this ridiculous logic, next time I have a dropped call, the internet goes down, cable goes out, or power goes out, I will go and sue my wireless provider, my cable company, and the power company? And what about when XBL goes down for hours to update it? I am sure there is something in the eula about outages, etc. Some people honestly have nothing better to do.
Here is a clip from the EULA for XBL www.xbox.com/en-US/live/legal/
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.
17. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
You can recover from the Microsoft Parties only direct damages up to an amount equal to your Service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
Ps. @phil brown. Sure maybe the disclaimer says it, but thats ofcourse Microsofts way of trying to protect it self from say lawsuits. But that doesnt mean they are not liable to have it working, and its never actually an agreement when the user only has one choice. Agree, or you cant play. I dont think they will win either, but im sure praying they will. Not because I want them to win money, but because Microsoft has to realize that it needs to get its act together and fast.
People need to understand that no company will be perfect for them no matter what there will always be some kind of complaint or problem that occurs for any technology company, end of story.
And you just went back on your own words Agree is one choice and dont play is your other choice. Take it or leave it. You may not like it but thats not something that you can easily change period. Plus if Microsoft were to give more than those two options then people would be even mre confused even worse than those that are uneducated that are trying to figure out the differences between the 3 current 360 console versions
All I know is that this attorney is laughing all the way to the bank.