Microsoft hit with second Xbox lawsuit
Customers say the device scratches and ruins video game discs
The suit, filed Monday with a Los Angeles federal court, followed a similar lawsuit submitted to a South Florida court the week before.
In the California filing, state residents Christine Moskowitz and David Wood claim that "during regular use, the Xbox 360 scratches the surface of the game discs, often to the point that they will no longer play in the console." When contacted, Microsoft refused to refund the price of the games or replace the discs, the lawsuit said. Microsoft's policy is to offer replacements only for its own titles, and then for a $20 swap-out charge.
Moskowitz and Wood are seeking class-action status for their suit and refunds for the cost of the games and/or the Xbox 360. Damages were set at $5 million minimum.
According to the lawsuit, the scratching problem isn't associated with the "red ring of death" issue that Microsoft said prompted it to extend the Xbox 360's warranty. Earlier this month, Microsoft announced a $1 billion-plus charge against earnings to pay for the warranty extension and repairs to all consoles that fail after displaying three flashing red lights to indicate a general hardware problem. In the earnings statement released yesterday, Microsoft pegged the charge at $1.06 billion.
Reports of Xbox 360s scratching discs aren't new. In April, a popular Dutch TV program (YouTube video) claimed that one in nine Xbox 360s it tested scratched game discs within a matter of hours. An independent hardware consultant, the program said, pointed to defects in the DVD drive, which is made by Toshiba Samsung Storage Technology Korea Corp., as the likely cause.
The Moskowitz and Wood lawsuit cited the Dutch TV report to bolster its call for a class action.
In a follow-up to the Dutch report, Meglena Kuneva, the European Union commissioner who heads that government's consumer affairs agency, said on June 1 that she had written Microsoft for an explanation about the problem, and asked the company to detail what it is doing to address the issue. In a radio interview that day, Kuneva said she had given Microsoft a week to reply, and confirmed that she lacked the power to order an Xbox 360 recall in the EU. "[But] I would be more than happy to act, if I have a legal ground," she said.
Microsoft did not comment today, but when asked about the Florida filing last week, spokesman Jack Evans said: "Out of the millions of Xbox consoles in use, Microsoft has not received any widespread reports of Xbox 360s scratching discs."
- Silicon Valley's 19 Coolest Places to Work
- Is Windows 8 Development Worth the Trouble?
- 8 Books Every IT Leader Should Read This Year
- 10 Hot Hadoop Startups to Watch
- Slideshow: 7 security mistakes people make with their mobile device
- iOS vs. Android: Which is more secure?
- 11 sure signs you've been hacked
- Radicati: Cloud Business Email - Market Quadrant 2013 Google was named the top cloud business email provider in a recent report by research firm Radicati. Out of 14 key players, Google...
- Tablets in the Enterprise: A Checklist for Successful Deployment How can you enterprise manage and secure tablets in order to protect corporate data while providing access to the information and applications employees...
- Enterprise Mobility: A Checklist for Secure Containerization The advantages and disadvantages of the multiple approaches to containerization. Learn More>>
- Enterprise File Sync & Share Checklist File sync and share has changed the way people work and collaborate in today's tech-savvy world. Gone are the email roadblocks, clunky FTP...
- Live Webcast LIVE EVENT: 5/7, The End of Data Protection As We Know It. Introducing a Next Generation Data Protection Architecture. Traditional backup is going away, but where does this leave end-users?
- LIVE EVENT: 5/7, The End of Data Protection As We Know It. Introducing a Next Generation Data Protection Architecture. Traditional backup is going away, but where does this leave end-users?
- On-demand webinar: "Mobility Mayhem: Balancing BYOD with Enterprise Security" Check out this on-demand webinar to hear Sophos senior security expert John Shier deep dive into how BYOD impacts your enterprise security strategy... All Security White Papers | Webcasts