“A Chicago man who bought Microsoft Corp.’s new Xbox 360 has sued the world’s largest software maker, saying the new video game console has a design flaw that causes it to overheat and freeze up,” Reuters reports. “The proposed class action claims that in Microsoft’s bid to gain share in the $25 billion global video game market, the company was so intent on releasing the Xbox 360 before competing next-generation machines from Sony Corp. and Nintendo Co Ltd. that it sold a ‘defectively designed’ product.”
“Robert Byers, who brought the suit, said the power supply and central processing unit in the Xbox 360 overheat, affecting heat-sensitive chips and causing the console to lock up… Complaints about the problem surfaced quickly on gaming enthusiast Web sites after the Xbox 360 debuted on November 22,” Reuters reports. “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.”
Full article here.
[Thanks to MacDailyNews readers “pathare,” “Fred Mertz,” and “Sailfish” for the heads ups.]
Advertisements: The New iMac G5. Built-in camera and remote control. From $1299. Free shipping.
Apple USB Modem. Easily connect to the Internet using your dial-up service. $49.00.
The New iPod with Video. The ultimate music & video experience on the go. From $299. Free shipping.
Connect iPod to your television set with the iPod AV Cable. Just $19.00.
Aw, that’s too bad for Microsoft, isn’t it? 
They should’ve put “may constantly freeze-up and or overheat” in the Xbox 360 EULA. Hey, a similar tactic works to protect Microsoft from Windows’ flaws, doesn’t it?
Wait! What’s that? Ah, the glorious schadenfreude washes over us in ever-increasing waves with no end in sight!
[Note: Epicaricacy should generally be avoided unless the misfortune is Microsoft’s, of course. So absolved, revel with us!]
Now, if only Sony would pull its collective head out of its orifice, we could recommend waiting for the PlayStation 3. Alas, the Sony boycott continues. As it is, check out what’s known about the Nintendo Revolution, coming April 2006-ish, maybe?
Related articles:
Microsoft’s Xbox 360 suffers from confused launch, lack of original games – November 28, 2005
UK woman narrowly survives Xbox fire; users report Xbox 360 ‘crashing like mad’ – November 23, 2005
Heheh now for windows…
whispers “I mentioned it too…..”
How can it possible “overheat” and “freeze up” at the same time? that would be a physical marvel, and MS should be commended for the scientific breakthrough, not sued because some narrow-minded conservative fears change.
> How can it possible “overheat” and “freeze up” at the same time? that would be a physical marvel, and MS should be commended for the scientific breakthrough, not sued because some narrow-minded conservative fears change.
well… that happens when hell freezes over…
” width=”19″ height=”19″ alt=”wink” style=”border:0;” />
Didn’t MDN get all over the guy who sued Apple for scratches on the Nano– and now we’re supposed to gleefully cheer at Microsoft’s pending court fracas? Ummm, yeah…. double standard?!? Microsoft having a bad day makes me as happy as the next guy, but let’s be fair here… unless Microsoft refused to replace or refund defective units, this lawsuit is nothing more than an opportunist jumping on an opportunity. If it overheats, sparks, and sets fire to you and your cat, that’s one thing; but suing because you have to re-package your XBox and take it back to Best Buy is just stretching consumer victimhood a little too far.
I don’t like M$ – but a law suit over a defective game console? Sheesh!!! All electronic products have a certain number of failures, including Apple. What ever happened to taking something back to the store? Soon the only people working in America will be lawyers and web designers.
ummm… well, they’re not talking about physically freezing… so… yeah…
why doesn’t anybody else sue them for their crappy and security flawed software?
Isn’t this a better reason than scratches
“why doesn’t anybody else sue them for their crappy and security flawed software?”
Because of that nifty little EULA that you agree to when installing their software. Read it
” width=”19″ height=”19″ alt=”wink” style=”border:0;” />
Hairbo – So it’s kind of like when Bart Simpson said he didn’t think it was possible for something to simultaneously suck and blow.
(MW = “followed.” Hey, that’s me!)
The X-Box 360 burning up is a widespread and serious issue, remember there are three (3) G5 processors in a X-Box 360.
I have two and it’s a hot bugger, plus the power draw of the X-Box 360 is three times as much as an previous game console in existance.
One X-Box 360 actually set a carpet on fire and people have been hanging the power supply up by a string to keep the air circulating around it.
Wait till all those holiday packages are opened up and those kids start using those machines.
There will be plenty of more lawsuits, believe me.
Or MS could just add fine print to the XBox packaging that reads, “Not recommended for use outside of a fireplace, fireproof safe, munitions test site or morgue.” Then, ship an ‘Ove’ Glove (http://www.chia.com/oveglove.html) with each console. Problem solved.
Class Action Suit = Lawyers make money + Victims get coupons
Hey, I hate Microsoft as much as anyone, but if the guy doesn’t like the way the machine works, take it back and get a refund. Let’s quit with these get-rich-quick schemes that the class-action lawsuits have brought about. Millions of dollars for the lawyers, millions for the first idgit that sues, and $5 coupons for more Microsoft crap for the rest of the litigants.
I do believe that there is a place for class-action lawsuits, but this is not it.
Lawyer game of ripoff to the consumer – Lawyers make millions; consumers get a coupon to purchase a Microsoft product in the future.
Same scam with Apple lawsuits.
I would’ve taken mine back and got a replacement. I don’t blame the turd who sued. The world is full of parasites and if you allow them to bite and be rewarded for it, they’ll continue to bite. They are what they are. It’s a question of what “plain-folk” are going to let them get away with. If the law allows people to make a federal case over a defective electronic device, I blame congress and the states.
If Microsoft’s Xbox 360 is proven capable of burning down your house and thereby killing you and your family, is that not a good reason for a lawsuit? Some lawsuits are good and just; they protect people from defective products that can cause severe harm.
Blahhahahahahahahahahahaha
Yay for class action lawsuits! For once, we get to see one about something REAL….not scratches on an iPod!
WEll, they have been digging the hole bigger and bigger since May, now I believe they have finally buried themselves in this POS console….
Will you idiots think it a meritorious lawsuit if someone’s Xbox 360 burns down their house and turns everyone inside into charcoal?
Or would you rather prevent that from happening first, if such a thing could occur?
This isn’t a scratched screen due to moronic consumers who don’t know how to take care of their things.
X-Box 360 isn’t much to go gogo-gaga about, unless your a teenage gamer, it’s just like all the other games that came before it, with just slightly better graphics, that’s all.
Now toating your video pr0n collection around for all your friends to see and worship you as a god. Now that’s got to make every male of any age respect the hell out of you.
Heck even old men like to trade pr0n, like they trade playboys.
I wouldn’t have purchased one until I knew that they functioned correctly. The people who rushed to buy these pieces of junk have only their greedy selves to blame. Oh and they can blame Microsoft for sucking too.
Taken right from Apple’s EULA for OS X
‘If you don’t like this OS and complain loud enough we will send you a bootleg copy of Windows ME. That should make you feel better.’
Enough of the stupid lawsuits. If you don’t want the defective P.O.S., just return it to the store and get your money back. Why does everyone have to sue for every little thing? No wonder Bob Lablaw makes so much money. Geez, enough already…
Agreed that if the stories about the XBox 360 and power supply overheating and causing the system to crash are true, and Microsoft can’t properly deal with the complaints by providing a TIMELY replacement (not likely this close to Christmas), then there is a very good and valid case against them.
If true, this case would have far more merit than the stupid iPod nano scratch case.
OMG!!! The MDN magic word is “hot”! OK, that think has got to be context based and not just picking random words here…