Microsoft Sued for Scratching Game Discs

Krunal | July 10, 2007 | News | XBOX 360 Company

With previous reports about the XBOX 360 Scratching Discs, yet another report has recently been uncovered by arstechnica.com.

It seems that a man from Florida has filed a federal lawsuit against Microsoft accusing them of creating a defective piece of software which scratches the discs and asks for $5 million in damages.

Brouwer complains that Microsoft have not anywhere stated not to move the XBOX360 with a disc inside it, which many of us have done for more than one or another reason. Having replaced discs that they published themselves, Microsoft also added a $20 fee to Brouwer for any disc that was published by a third party.

If the litigation forces Microsoft into a disc replacement program than the recent $1.05 billion-$1.15 billion bill that Microsoft is facing for extending the warranty may increase even more.

Reports of disc scratches have been circulating for several months. Nearly a year ago, Gamefly sent customers an e-mail warning them about the possibility of scratched discs. The game rental outfit warned customers against moving the console "in any way" with a disc in the tray. In particular, Gamefly said that moving the console from a horizontal to a vertical position (or vice versa) and picking the console up when a disc was inserted could cause permanent damage to the media.

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Comments

Comments with -10 or lower "thumbs" are removed from display.

1 thumbs!
dcbake | July 11, 2007

I know for a fact that my friends 360 scratches his discs. I have seen it in action and Microsoft should fix this and pay for this. It is there fault and they need to fess up.
- 0 thumbs!
  SSJ3 Trunks | July 11, 2007
  
  Thumb for that man! Really, they need to be way more careful, I bought too many disc that are scratched.
-1 thumbs!
LOD-squa | July 11, 2007

It happens on the PS2 also, just not as bad. Whats the bitching? My xbox 360 fell on someone by accident and the disk inside was fine.
- -1 thumbs!
  Mister Ivanovich | July 11, 2007
  
  ...This guy is obviously scamming Microsoft.
  
  He's just like the people that go to McDonalds and order a cup of steaming hot coffee, then pour some on their kid and make them cry, then they go back and complain that nowhere on the cup did it say that the coffee was hot.
  
  Companies need to safeguard all their products in every way. It's not even idiot-proofing - the smart ones are the people who read through the ENTIRE manual, then violently shake their consoles when they find that there's no warning against it.
  - -1 thumbs!
    Arcaida | July 11, 2007
    
    It's coffee, of course it's hot >_> The only thing McDonalds even serves cold is *bleep*ing ice cream. Salads are even chilled.
    
    People have been scamming companies since the dawn of time.
    
    Microsoft still ought the fix the buffer plate issue, they're making a fortune as is. But to get 5 million dollars on account of that? No. Reimburse him for his system, his games, and maybe a little pocket money for his troubles. And five million is not "pocket money"
0 thumbs!
FRoGBuster | July 11, 2007

Oh man, ANOTHER problem in their hardware? That Box sounds scarier and scarier. But what's this guy doing, suing MS for FIVE MILLION in damages????? C'MON! Did the scratched discs scratch YOU? Or your greedy fingers?

I wonder what MS will do now.. dealing with other people copying and suing too.. and dealing with their PR and basically, recovering their face!
1 thumbs!
bbb7002004 | July 11, 2007

Wow, moving a game system with a disc inside is a bad idea, who would have guessed. [/sarcasm]

And how in the world does a scratched up disc give you 5 million dollars worth of damages? It should be obvious not to move something around when a disc is inside. That sounds like user error, not a software failure to me.
-1 thumbs!
Storm | July 11, 2007

I'm pretty sure this was the gamer's faults. Why would anyone move a game system when it's on? I mean, I sure did that with the PS2 but no to switch positions or anything, just to move it closer.
1 thumbs!
Evanster 69 | July 11, 2007

One word, owned!
-1 thumbs!
black_wing79 | July 11, 2007

Actually i agree with Storm, why should anyone be moving their console while they are playing... And this disk scratching thing happens regardless of whether it is microsoft or Sony..My PS2 scratched countless number of discs.. and My 360 continues to do the same..it is just current technology not being able to provide a system that does not scratch..
0 thumbs!
TwilightPrince | July 11, 2007

Why the hell would anyone move their console while playing a disc anyway?
- 0 thumbs!
  tidus04 | July 11, 2007
  
  Sorry for the reply to you, only way I can post at school
  
  It is stupid to move the console whilst playing a game or the disc in action xD..
  
  But if this is happening from just playing it I don't blame them, especially if it forms some way for Microsoft to try and protect against the discs in future productions unless they have already done this.
0 thumbs!
ZhaoYun88 | July 11, 2007

*does nelson's laugh from the simpsons* Haha
0 thumbs!
Deviant | July 11, 2007

ZhaoYun88 has the right idea.... but this sucks.
1 thumbs!
Guticb | July 11, 2007

The problem lies in the DVD drives. Microsoft decided to save a few cents and not put buffer plates in the DVD drives, which prevent scratches, even if you move the drive while it's working. Hell, I've moved my PS3 while it was reading discs, keep in mind it's SLOT LOADING, yet it STILL hasn't scratched or harmed a disc in any way, shape, or form.

It's a hardware issue, otherwise it wouldn't be so widespread.
0 thumbs!
Subzer0 | July 11, 2007

I don't have a 360 but it's obvious this guy is trying to give Microsoft a bad name.
0 thumbs!
Final Blade | July 12, 2007

LOL it seems MS is getting pwned by everyone LOL This could turn into more than 5 million Lawsuit. If MS lies and stuff.