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Morril
As you may or may not know a group of Texans have made it very clear to microsoft that they dont like how they are getting treated.
Due to the Christmas holiday xbox live servers were backlogged with information. Many different errors such as "unable to recover gamer account" to "Xbox live connection has failed" appeared on many different users screens.
Due to the horrible amount of errors and small periods of down time and long periods of lag a law firm and a bunch of people have decided to claim a class action lawsuit against Microsoft. My question is do you think this is right? or do you think its a waste of time?
I honestly think its rather pathetic. Its worse then the people vs. McDonalds, where a bunch of obese people believed it to be the McDonald corp's fault for making them over weight. I believe that just because they could not keep a server up it doesnt mean that you honestly have the right to file. If this keeps going I could go and file a lawsuit against my mobile carrier every time I exit a service area mellow.gif

Xbox live has already promised a free arcade game for xbl (xbox live) and have already released two (Yaris and Undertow) but do you think they deserve more? or have they gotten enough?
Tanoru
You could probably argue this both ways but even if you had a decent case Microsoft are too rich to care.
Sir Fisher
In general, I think its pretty pathetic to file law suits over everything. It will get to the point that no body will do anything to help others or entertain others for fear of having a law suit on their hands. Since its microsoft however, I couldnt care less. They have more than enough cash, so good luck to the firm if they can milk it.
Rob
I'm actually unsure what grounds they're attempting this on. From the Xbox live terms and conditions (And yes, I did just read the whole lot. eep.gif)

QUOTE
Please note that this contract limits our liability and we do not provide warranties for the Service. The contract also limits your remedies. These terms are in Sections 15 and 16 and we urge you to read the terms carefully.

Microsoft reserves complete and sole discretion with respect to the operation of the Service. Microsoft may, among other things: (a) restrict or limit access to the Service; (b) retrieve information from the original Xbox, Xbox 360 console, personal computer and any connected peripheral device used to log onto the Service as necessary to operate and protect the security of the Service, and to enforce this Agreement; and © upgrade, modify, withdraw, suspend, or discontinue any functionality or feature of the Service or any game from time to time without notice, which may involve the automatic download of related software directly to your original Xbox, Xbox 360 console or personal computer, and which software may prevent you from accessing the Service, playing pirated games, or using unauthorized peripheral devices.

16. WE MAKE NO WARRANTY
We provide the Service "as-is," "with all faults" and "as available." The Microsoft Parties give no express warranties, guarantees or conditions.
You may have additional consumer rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

17. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
You can recover from the Microsoft Parties only direct damages up to an amount equal to your Service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to:
-any matter related to the Service,
-any matter related to content (including code) on third party Internet sites, third party programs or third party conduct,
-any matter related to viruses or other disabling features that affect your access to or use of the Service,
-any matter related to incompatibility between the Service and other services, software and hardware,
-any matter related to delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Service in an accurate or timely manner, and
-claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if:
-this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
-Microsoft knew or should have known about the possibility of damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.


Under Condition #16 of a contract to which all parties have agreed (and if they didn't read it, more fool them) they have absolutely no case.

As further points, the terms and conditions also state that only those over 18 years of age may take any action - although I've no idea if this applies here - and the best anyone filing such a suit can hope for is a month of free live and a bill for thousands of dollars of legal fees.
Morril
Details on the case is sketchy at best to tell you the truth. Microsoft is keeping it rather hush hush. So I'm not sure on what grounds they are filing eep.gif
count sadath
Rob has solid and firm facts. Microsoft has it down except well.. no one actually reads them. mellow.gif
Mikeob1
IMO, you have to expect that with any 'cutting edge' technology that there will be some issues. Now, I'm not saying that you should just sit back while they happen but I would say that Microsoft handled it pretty well by offering a free arcade download. Perhaps it would have been nicer to give people a free month of XBL, but I clearly see why they would rather give them something free, which may not be used, versus refunding money. So basically that is my way of saying I don't think they should be suing Microsoft for anything.
Crowned Gold
Well at least Microsoft's showing the audacity to users who lost their account info, they should be happy with what they have now.
jac
I would also like to add that the EU sued Microsoft for not revealing their technology or something in windows to their business rivals. <--- Would that be considered off topic?

Also in the 'main' case it seems that Texas have little or no case against Microsoft. It seems as if this people had read the Terms and Conditions, they would know they can only get little or no compensation.
Barak
Every large cooperation has a bullet proof Terms Of Use agreement (as rob quoted), and nearly all of those teams and conditions make it so that the company reserves the right to stop the service for any reason at any time. Down times aren't at fault of the service itself but rather the amount of users and thus I think they can't make it stick :\
I am me and only me
Damn texans.
Bliz
Chanceless.
Rob alone owned them already tongue.gif
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