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Microsoft Gets Sued! Again! Discuss...


A week after a Florida man filed lawsuit against Microsoft alledging that the Xbox 360 scratches discs, two more have come forward to file suit against Microsoft for the same supposed defect.

The complaint, filed last monday in the US District Court for Southern California, claims that Microsoft "improperly and/or negligently manufactured the Xbox 360 console in a manner that causes the expensive game discs... to be scratched, rendering the games unusable."

The two who filed the lawsuit, Christine Moskowitz and Dan Wood, are seeking no less than $5 Million in damages.

Moskowitz claims that she perchased an Xbox 360, along with the games Crackdown, Gears of War and Saints Row, for her son in March of 2006. Within a matter of months, the discs received circular scratches and would no longer work properly.

Wood's case is similar, stating that he purchased an Xbox 360 last December, and the unit damaged his copy of Tom Clancy's Splinter Cell.

Both Wood and Moskowitz claim that the damage was created by the console, and that Microsoft refused to either replace or repay the cost of the games.

The pair argue that Microsoft's desire to beat Nintendo and Sony to the market is the root cause of this issue, stating "Microsoft's rush to market, while positive for Microsoft, was detrimental to consumers because the Xbox 360 suffered from numerous hardware defects."

As I'm sure you all know, Microsoft earlier this month finally acknowledged that there are some design flaws with the Xbox 360 as relating to the Ring of Death, however they never mentioned anything about discs being scratched.

@ Information Week

Or, you can read the original post about it HERE. Remember to check to see if it's been on the front page yet, kiddies!... I am such a retard...

Here's what I want to know: Have any of you fine folks suffered from this rather unknown issue? I know that I, through the four Xbox 360s I've owned (Damn RoD), have never experienced a problem anything remote to this. Nor do I know anyone who has. Do you think they have a legitimate case here, or are these people doing little more than trying to extort a quick buck out of the software giant?

Personally, I don't buy any of it. Nor do I buy the idea of someone getting $5 Million over a few games that, when added up, equal less than $500.
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About MaximusPaynicusone of us since 3:44 PM on 01.27.2007


My name is James. By day I am a freelance copywriter and editor. While the perks of this job are getting to sleep 'til 2pm and working in my underwear, I've learned far more about hemorrhoid cream and proper swimming pool chlorination than I ever care to.

I guess you could say I'm a "former" video game "journalist" (though I wouldn't call myself the J word). I am the former Editor-in-Chief of Binge Gamer and I spent time writing at other blogs. I gave it up because while I love gaming and the gaming industry, I just didn't have the constitution to run my own business.

Not at the age of 23, anyways.

Let's see... apart from that I'm prior service US Army (Military Police), a stand-up comedian, a connoisseur of soft drinks and I once wrestled a cheetah.

I was victorious.
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