Microsoft sued over defective Xbox 360 consoles, suit alleges units prone to freeze ups, overheating

“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.]

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Aw, that’s too bad for Microsoft, isn’t it? cool smirk

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


  1. 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.

  2. > 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;” />

  3. 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.

  4. 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.

  5. “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;” />

  6. 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.

  7. 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.

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