Chicago man sues Microsoft over Xbox 360 problems

Lawsuit happy American consumers at it again

http://news.com.com/Man+sues+Microsoft+over+alleged+Xbox+360+glitch/2100-1043_3-5982759.html?tag=nefd.top

Also over at CNET, a Chicago man, apparently hoping to eliminate any doubt that Americans will sue anyone for anything at the drop of the hat, has sued Microsoft because he claims Microsoft's Xbox 360 is prone to overheating.  Apparently, the Xbox 360 is the first consumer electronics device to have a defect rate greater than 0.0%.

The Chicago man, who did not indicate whether he lives in a cave or not, claims that Microsoft is selling a "defectively designed product".

The lawsuit, filed on Friday in federal court in Illinois, seeks unspecified damages and litigation-related expenses, as well as the replacement or recall of Xbox 360 game consoles.

11,051 views 22 replies
Reply #1 Top

Obviously someone unfamiliar with a manufacturing environment, and the likelihood that some percentage of the finished product will not meet with the quality standards.

High production environments (which I happen to work in, as a quality control employee), do not inspect 100% of all parts of a product, and rely on customer service to provide support for any overlooked or defective item.

It would be surprising if he received anything other than a new box - which he would be entitled to anyway.....

Time will tell.

Reply #2 Top
microsoft said before they realesed it that the 360 would have lots of problems because they were realsing it so early, they didn't spend enough time on it so they could release ot before the revolution and ps3 so they could make more ca$h
Reply #3 Top
Then again , all I need is the 360 Controller for Windows No need for expensive $400 machines
Reply #4 Top
If a person who files a ridiculous lawsuit over something stupid and loses, I am in favor of a public flogging or a scarlet "S" for stupid.
And the punishment for the lawyers who cook up these cases should be real inventive public spectacles.
Reply #5 Top
If a person who files a ridiculous lawsuit over something stupid and loses, I am in favor of a public flogging or a scarlet "S" for stupid.


Dunno about the public flogging, but the scarlet S would be the go. Now would that be tattooed on the forehead?

Now the precedent has been set, I'm wondering if I should sue Intel......my CPU get rather too hot to touch
Reply #6 Top
haha that's funny but i have seen quite a few complaints about the new 360 - that's ok the only thing microsoft in my house is my computer - i leave my gaming to the best - nintendo & sony (can't live without original NES and duckhunt lol) it just gives me more reason not to want one - why spend that much money for it to have problems - retarded but i do think it's somewhat stupid to file a lawsuit against it - unless that really is the cause for problems in which case should of been resolved before they were being sold - as for as your sueing intel starkers *lol* i think they could argue that those who put together their own comptuer it's their own fault lol but the 360 come alreayd assembled oh well either way it was funny to read. i'll just wait for the new sony & nintendo to come out next year
Reply #7 Top
Brad Wardell,

I take it you have a 360 and yours runs cool?

Fact: The case and power supply design of the 360 is not as brilliant as all the mindless sheep think. It does overheat and it is a problem.

M$ does need to fix this. A lawsuit is the only thing that will get them to rethink the design.
Reply #8 Top
lets all sue because the 360 can kill you if you don't play it for 4 hours every week.

it does something to the house current...
Reply #9 Top
Another recall soon?
Reply #10 Top

A lawsuit is the only thing that will get them to rethink the design.

That is just absurd.  America is so screwed if this is how people really think.

Reply #11 Top
Long ago people would have been wise enough to simply boycott. Lawsuits only make lawyers money and perpetuate a problem.
Boycotts MAKE companies think.
Reply #12 Top
...just for the record, it wasn't this Chicagoan.
Reply #13 Top
People in the States will sue anyone, even if you look at them funny. Anything for a buck, I guess If they are not suing someone, they are shooting them
Reply #14 Top
People in the States will sue anyone, even if you look at them funny. Anything for a buck, I guess If they are not suing someone, they are shooting them


Sweeping generalization to be sure. Some of us are opposed to profitting from mishap, Eltonfan. I could very well say that people from Canada are all unfaithful to their spouse (after all, some are), but I know that would not be true. Just making a point. No insult intended.
Reply #15 Top

M$ does need to fix this. A lawsuit is the only thing that will get them to rethink the design.


This mentality only leads to court rooms becoming bloated with inane suits when they could otherwise be better utilised. Once upon a time, courts were there to deal with criminal matters...to help keep the streets and society safe. It becomes sad to the point of woeful when the courts are being USED in this way....to either try bring someone else down, or to further ones own ends.....for fame and fortune, perhaps?

There mightn't be any real money to be made from this particular suit, but there's fame to be had....and the $$$$$ for the rights to his story. I can see the headlines now: "Lowly Chicago man brings MS to its knees!"

as for as your sueing intel starkers *lol* i think they could argue that those who put together their own comptuer it's their own fault lol


I don't have an Xbox 360 so can't really comment on the overheating claims, but all electical appliances give off heat and energy, and I was just being facetious, in respect of this idiotic lawsuit.
Reply #16 Top
Sweeping generalization to be sure. Some of us are opposed to profitting from mishap, Eltonfan. I could very well say that people from Canada are all unfaithful to their spouse (after all, some are), but I know that would not be true. Just making a point. No insult intended.


Actually, I agree with you 100% though... It's funny how you mentioned about Canadians being unfaithful to their spouse. Yes, it is a HUGE problem and a sad one as well. I am separated right now, working on a divorce... why? Because my wife cheated on me. So, maybe you have something there.

I mentioned about Americans shooting each other, if they are not suing each other because of a documentary I watched with your idol... Michael Moore
Reply #17 Top
Who's Michael Moore? I don't watch TV, unless it's baseball
Reply #18 Top
Oh, googled him. http://www.fahrenheit911.com/ . Again, I never saw it. Sorry to hear about your marriage. Damn, life stinks sometimes.

This world is sue happy, and the United States, I'm sure, is the ring leader. I'm also sure there are great reasons for many suits, but those who go to court for profit with such silly claims as overheating games or spilled coffee make a real statement about the depravity of man, IMHO.
Reply #19 Top

This world is sue happy, and the United States, I'm sure, is the ring leader. I'm also sure there are great reasons for many suits, but those who go to court for profit with such silly claims as overheating games or spilled coffee make a real statement about the depravity of man, IMHO


Depravity...and/or greed....and lawyers sit on top of the crap heap there. I acknowledge that there's also a need for civil courts, for serious issues that cannot otherwise be resolved, but too many petty and trivial claims are taken there by lawyers who see a way to 'legally' extort money, often from people who can ill afford it, or who simply don't have it.

An industry has been created that not only profits lawyers, but also banks and finance companies, who rub their hands with glee when people borrow beyond their means to eliminate an artificial debt...or alternatively, mortgage their homes to the max, then lose them because the repayments spiral out of control with fluctuating interest rates, etc. This isn't the case for Microsoft, but this lawsuit sets the precedent for much less afluent people/companies to become targets of lunatics and their obnoxious lawyers.

Reply #21 Top
Oh, come now, do we have to be so condescending and prejudge the claimant like that in the second sentence of the item?
I mean, yeah, it sounds like a frivolous suit, in that he's not pursuing a class-action suit or taking it to the proper governing authority for electric appliances, in this case the CPSC who could pressure safety recalls, but to just write him off as a nut trying to make a buck is a little much.
Reply #22 Top
but to just write him off as a nut trying to make a buck is a little much.


The proof is in the pudding! Given that Microsoft has proven time and time again that it's a Goliath not even a small nuke can bring down, let alone this piddling little slingshot action, this lawsuit is frivolous and the guy's a nut for even considering taking them on.

This guy has alternative means at his disposal, yet he has gone first to what should be the last resort and will take up precious court time and resources to pursue what is essentially a no win situation for anyone but the lawyers.

The system was never intended to be abused in this way and it requires a serious rethink to avoid such lunacy in the future.