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Even More Bad News for Microsoft's 360

July 19, 2007 in News comments 23

Two Californians have filed a class action suit against Microsoft alleging the Xbox 360 is prone to scratching discs. No less than $5 million for the damages, which is rather high, but by the look of the evidence (screenshot), Microsoft's odds are pretty slim.

Christine Moskowitz and Dan Wood filed a complaint on Monday in the US District Court of Southern California, according to InformationWeek.

The class action seeks no less than $5 million in damages.

The suit says “Microsoft improperly and/or negligently manufactured the Xbox 360 console in a manner that causes the expensive game discs ... to be scratched, rendering the games unusable.”

Moskowitz said she bought an Xbox 360 and three games—Gears of War, Crackdown and Saints Row—for her son, and within months the games bore circular scratches. Wood’s Xbox 360 allegedly scratched his copy of Splinter Cell. Microsoft refused to replace the games.

Microsoft was hit with a similar lawsuit in Florida last week. Microsoft denied the allegations.

Reports of the Xbox 360 causing circular scratches on discs are nothing new. Very close to Xbox 360’s launch in November 2006, reports began emerging across various Internet venues about circular scratches. Some claim that the scratches are only caused by moving the Xbox 360 while a disc is spinning, while one Dutch TV investigation claimed that some Xbox 360s lack a rubber padding around the optical lens, causing the scratches under normal use.

Earlier this month, Microsoft said that it would be shelling out over $1 billion for repairs and reimbursements for three-red-light Xbox 360 defects, which are unrelated to disc scratching.
Storm via next-gen.biz »
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  • -2
    Final Blade Jul 20, 07
    Um i thought this was already been posted. Its just another disc scratching complaint.
    • 0
      Evanster Jul 21, 07
      I saw that too and I was like, *bleep*?.
    • 0
      Final Blade Jul 21, 07
      Why did i get thumbs down, what did i say that was bad, man i don't get it.
  • 1
    Storm Jul 20, 07
    Well it's somewhat different from Krunal's. It includes his story, but now there's two others from another state filing a suit...Microsoft may have to give up $10 million soon.
  • -4
    Cdemon Jul 20, 07
    Five million for disc scratches, after they removed the sticker from the console that says "DO NOT MOVE CONSOLE WHILE DISC INSERTED, WILL RESULT IN DISC BEING SCRATCHED" in big red text?

    Like I said in the other thread, *bleep*ing morons.

    "Microsoft may have to give up $10 million soon."

    Every company gets tons of stupid lawsuits like these every day. They usually end up with the smaller party not even showing up for court.
    • -3
      Final Blade Jul 20, 07
      Um i don't recall the two complaints about the disc scratching having anything to do with the console moving. If that is the case though it shows you the lack of hardware support to prevent stuff like this from happening, even if your moving it. The ps3 design protects stuff like this even when being moved, i guess sony takes care of there hardware situations.
  • 1
    Capn Droid Jul 20, 07
    Well, I haven't seen this article.

    First 120's red ring, then various hardware problems, nowserious disc scrathing. A $5million lawsuit does seem sort of high, but then again, they're speaking for everybody out there suffering such losses.
  • 1
    Storm Jul 20, 07
    I understand that, it's the consumer's fault for moving the console while it's on, because this doesn't normally happen when it's in a steady position. But two groups have filed suits for $5 mil each thus far. I'm saying that they may because we never know what might happen. Maybe some others might decide to join in on this.
  • -2
    Tyzer Jul 20, 07
    What i don't get is, where did the 5 Million come from, what brings up that fee? Okay if they sue for the price of the games and court fees and slightly more, but 5 million for 3 meesely games it doesn't quite work out!
    • -1
      Capn Droid Jul 20, 07
      *Ahem*

      Read my earlier post.
  • 0
    TurMoiL911* Jul 20, 07
    That article doesn't even mention how the discs are getting stratched. My only assumption is that they are moving the console. Besides, just because a few game discs and $50-$60 doesn't mean you have to sue for $5 million.

    What the hell is it with people and lawsuits these days.
    • 0
      Final Blade Jul 20, 07
      As the saying goes, "welcome to America"
  • 0
    tidus04 Jul 20, 07
    If the payment is a bit steep but might teach them to sort out the problem if they can. I do not know the method of how it is being scratched but I doubt they are sewing them over the fact that they moved the console whilst going them self, if so I might as well try sewing them myself sometime.
  • 2
    Subzer0 Jul 20, 07
    Microsoft is sooo screwed.
  • 0
    Synergized Jul 20, 07
    I remember reading this article somewhere on GameGrep.

    Oh well, I remember commenting on how many more problems Microsoft is going to get. Well, here's yet another one.
    • 0
      Final Blade Jul 20, 07
      There us another one that is recent like 40 monutes ago, statking MS sales has dropped 60% wow.
  • 1
    FRoGBuster Jul 20, 07
    Make it so that the discs don't scratch even when you're moving the hardware! DUH!.

    Sony has this thing they released like more than 5 years ago. It's called a CD player. And you can walk, even JOG with it.. and the CD won't skip.. and it won't even. . . SCRATCH!!!!

    Microsoft. . . this is old technology. Preventing discs from scratching is not that hard. You Should Pay 5 Mil $$$ for ignoring this problem and insulting your fans and customers. You shouldn't have to be sued to do it either!
    • 0
      Final Blade Jul 21, 07
      I said the same thing when i was responding to Cdemon and i get thumbs down for it, come on i wasn't saying anything bad.

      We need to fix the thumbs down comments, people are just thumbing people down for no reason.
  • 1
    Jeterocks Jul 21, 07
    wow frog...that is a GREAT point.

    Walkmans...made to carry with you with a cd inside, never scratched, never skipped, played just like you weren't moving. Why couldn't this tech be implemented on a "nex-gen" gaming console?

    Im sure it wouldn't of cost much to do...
  • 1
    Capn Droid Jul 21, 07
    Firgg.

    Read my post. The $5mill represents all the people out there who has had to suffer the 360's problems. Then they'll blow it all on more XBox s--- and file larger and larger lawsuits until finally they can buy slavery into the country.

    That's what I might do. Except for slavery. I'd just bring Hitler back to life so I could kill him.
  • 1
    BANDITO ATTACK Jul 21, 07
    M$ needs to just count their losses, and take the 360 back to the drawing board - fix it up, then re-release it without so many god damn problems. Instead they're all in denial liek "NOO PROBLEM ISNT THAT BAD GUSY!! PLEASE JUST QUIT ASKING US WHY HALF THESE THINGS ARE MALFUNCTIONING LAL THEYRE NOT!!"
  • 1
    Vermillion Jul 21, 07
    I am sure this is not the only thing wrong with the Xbox360... Now I have to be freaking honest, I don't see a reason to buy games that will get scratched. Having extra backups is a must. Piracy is going to help the Xbox360 soon or later.
  • 1
    Cdemon Jul 21, 07
    Some walkmans do scratch CD's, actually.

    It's simple, though: If your console is on, don't move it. Sure, it would be more convenient for people not to have to worry about that, but honestly, how many times have you said "Hmmm.. you know what? I'm going to pause my game and change the position of my console."

    C'mon, now.

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