Microsoft Sued Over Xbox Outage

[malware]

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."

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[effmaster]

wow even when Microsoft tries to correct its mistakes it still gets bashed with a lawsuit. Does anyone else see the irony here like I do?shadedshu

 

[dsdsdk]

hope the three guys go to jail! I dont get how the system allows lawsuits like this... why $5mill? why not one month of free Xbox live subscription?

 

[Ehstii]

i think we should all file a suit.


why not right?

 

[Ehstii]

i still say, if they are doing it on "behalf of all xbox live gamers" than i should get a piece of it. they shouldnt get it alllll.

i mean, im an xbox live gamer too =[[

 

[nguyenpeter76]

heard of this on the news cause i live in houston. sigh just another one of those lawsuits ppl file to try become millionaires. even if its on behalf of all xbox live gamers, i guess theyll buy a nice house, nice car, and etc. for themselves on behalf of the entire xbox live gamers as well huh.

 

[HaZe303]

I for one hope he wins it! Not because im a MS hater, coz im not. But because exactly as the lawsuit says, microsoft did know and should have done something to prevent this from ever happening. But as usual with big companies, they deel with problems when its too late. They had to know that XBL would get an increase of users on around the holidays. So they should have seen to it that the new users wouldnt bog down the whole network as they did. So hope this guy/gal wins and hope MS learns a lesson from it. But as usual, its very doubtful.

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?

 

[AphexDreamer]

I live in HOUSTON!!!

I THINK it was someone at my school who wanted to sue them

 

[Bundy]

The lawsuit is a bit unneccessary. If they were unhappy, why didn't they just take the machine back to the store?

 

[ex_reven]

I for one hope he wins it! Not because im a MS hater, coz im not. But because exactly as the lawsuit says, microsoft did know and should have done something to prevent this from ever happening. But as usual with big companies, they deel with problems when its too late. They had to know that XBL would get an increase of users on around the holidays. So they should have seen to it that the new users wouldnt bog down the whole network as they did. So hope this guy/gal wins and hope MS learns a lesson from it. But as usual, its very doubtful.

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?

Since when is a few days (or a day for that matter) of lost services something worth >5million...

Its like getting stressed out that your character in a game is sick or some shit. Its stupid.

 

[AphexDreamer]

Since when is a few days (or a day for that matter) of lost services something worth >5million...

Its like getting stressed out that your character in a game is sick or some shit. Its stupid.

Here is an anolagy, You pay for Broadband internet and then you get a blackout and you are still being charged for internet service that you can't even use.

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.

 

[Cold Storm]

I say that they should just take this lawsuit out... they won't win...
BTW I posted before Malware!!! lol..

 

[Fragman]

I hope the the three win over microfuck

May microsoft burn in hell

 

[ex_reven]

Here is an anolagy, You pay for Broadband internet and then you get a blackout and you are still being charged for internet service that you can't even use.

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.

Uh no.
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.

I hope the the three win over microfuck

May microsoft burn in hell

Yay then Apple can monopolise the market with their overpriced machines/software... great idea

 

[JoshBrunelle]

Idiots

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 http://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.

 

[HaZe303]

Since when is a few days (or a day for that matter) of lost services something worth >5million...

Well do you think microsoft would care if he made a lawsuit for 300$?? No one would even lift a finger, they would laugh their asses of. If you want them to change their ways, you need to make Microsoft fear lawsuits like this. Because if the guys would win, next time Microsoft maybe wouldnt want to be sued?? I mean upgrading the XBL servers will most likely cost more than 5million dollars(in period of 10years), so as long as the lawsuits are cheaper than keeping youre hardware up to date, which option do you think they will choose??

 

[cjoyce1980]

its working fine now so whats the problem??!!

 

[philbrown23]

they will not win, when you sign up for xbox live there is a disclaimer, and in that disclaimer it says that microsoft IS NOT responsible or liable in the instance that xbox live is down for any amount of time, all you have to do is read the agreement instead of just clicking "I agree".

 

[HaZe303]

its working fine now so whats the problem??!!

Its not working fine for most ppl, not at all. For me for an example it works fine early on the day, but never at the evening and night. My guess is because thats when most americans log in, 18.00-00.00 here in sweden = 12pm - 6.00pm in the U.S? So sure XBL is working, but its not working fine. Lots of "server disconnected" errors and others when playing games. If you only log in and dont play games it works decently, but I cant play games after 18.00. Atleast not without issues.

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.

 

[effmaster]

its never actually an agreement when the user only has one choice. Agree, or you cant play.

Thats the biggest bunch of BS I have ever heard of.

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

 

[quickie]

Well this is another case of people clogging the courts with these useless, pointless lawsuits. I don't know where to begin. Do some people think launching lawsuits is the same as playing the lottery?

All I know is that this attorney is laughing all the way to the bank.

 

[-2kill-]

If a drunk driver crashes into your broadband node for your network and totals it, should you sue him aswell? or do you just sue him and the internet company... somebody might sue me for writing this comment. The whole world, especially america has been screwed over by ridiculous court cases where people get sued for practically nothing.

 

[Rob!]

 

[effmaster]

Well this is another case of people clogging the courts with these useless, pointless lawsuits. I don't know where to begin. Do some people think launching lawsuits is the same as playing the lottery?

All I know is that this attorney is laughing all the way to the bank.

Attorneys just eat this stuff right up because its what helps them put their bread on the table lol.