Rumor Department: Xbox 360 owner sues MS over Fall Update |
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Hell has no fury than an Xbox fan boy scorned! That is, if REDRUM6622 isn't kidding around with the class action suit he filed against Microsoft over Xbox Live's Fall Update.In October 31, MS released a free system update that offered more than 85 new features and enhancements, including support for native 1080p games and movies, faster Arcade game list display times, and more video playback options. That was the plan. But plans don't always go smoothly. Do they ever?
Shortly after Xbox owners downloaded the Fall Update, complaints started sprouting like fungi on a wet athlete's foot. Some reported consoles conking out after the fall update when they have a flashed drive. Some claim random system freezing in the middle of games. Others cried "bricked." In fact, buzz went around that the Fall Update was designed to brick modded Xbox 360.
We don't know what hellish experience REDRUM6622 went through to take it this far but it must have been pretty bad. According to the post. REDRUM6622 filed a class action complaint for:
- Breach of contract
- Violation of Consumer Protection Act (RCW 19.86)
- Negligence
- This is a class action against Microsoft and its affiliates for Breach of Contract, violation of the Washington Consumer Protection Act (CPA) (RCW 19.86) and, alternatively, Negligence. Plaintiff brings this action on behalf of himself and all other persons who experienced hardware problems with their Microsoft Xbox 360 gaming consoles following installation of MicrosoftÂ’s Fall 2006 Update for the Xbox 360.
Via Team Xbox
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Comments
Why not ask Microsoft to fix it first? He's just mad he pirates games and expects Microsoft to also test the update with modded firmware. This should be thrown out in no time.
Why not ask Microsoft to fix it first? He's just mad he pirates games and expects Microsoft to also test the update with modded firmware. This should be thrown out in no time.
he does actually have a case here since if he wants to use his xbox live subscription to the fullest he is REQUIRED to update. and in his case he had to and it messed up somehow.
My system took a dump after I updated. At first I called Microsoft and they told me they would replace it. Unfortunately they had a problem with their computers spitting out an RMA number so they told me call back. I called back 2x the next day and the next day after that but they were still having problems. Good thing I remembered I had the extended warranty from EB Games. So I called and they told me they would swap it out for me. I didn't have any mods or anything. Never even opened the system up. It was an original 360 from launch day though.
Yeah my 360 isnt modded but after the update it started to freeze whenever I play a game. Second time its busted from an update. Microsoft's replacing it but itll b about two weeks so its a pain.
you can't sue Microsoft becuz the updates have been faulty on SOME machines....I haven't encountered any problems, if anything...my 360 runs faster... Too all 360 hackers, that is the risk you take when hacking...can't sue them for fighting against hackers, you broke the consumer agreement when you cracked open the box and modded it.... Anyways, saying "Lets Sue microsoft" for this update is like saying "Lets Sue Nintendo" for making skinny handstraps. In the end, both things could have been avoided.
Actually, there isn't a case here if he modded the X-box. It's common knowlege that modding and hacking consoles voids the warranty. And without that warrenty, he's got nothing. If anything, MS could sue him for BoC for violating the licensing agreement by modding the console in the first place.
as said before when he modded his console he forfeited any and all rights to anything microsoft owed to him either written or implied. and i dont recall anyone holding a gun to his head and making him connect to live to get the update. after all MS was only protecting their own assets with limiting the hacked consoles
Why doesn't everybodies system die? MS definately tests the updates on all versions of their systems (which even then aren't TOO different, different dvd drive, few chips differ, but nothing BIG) and they work fine. Why then would it randomly "brick" 360's that have the same technical specs ? Other then EXTREME coincidence with a bound to happen defect, the other question is Firmware Mods or chips, that conflict with the code in some unforseen way.... I chalk it up to hate for MS and jaded moders who got screwed over....and even if i'm completely wrong and it was a hardware issue with the first batch or whatever; MS is replacing everything and giving out new consoles until you are happy....so there is really no issue...
My 360 has packed in after the fall update, I have had it from dec last year. my original broke twice, the 2nd time after an update in feb/mar. They replaced it with a brand new one which has packed up exactly the same way as the 2nd time (beeps then crashes), my warranty ran out 4 days ago so the *****ers want me to pay $170 or so to get it repaired. what a joke, their fault and im supposed to pay for it. I have never had my 360 modded in any way, if I had the time and money the way I feel now I would file a lawsuit also.
For gods sake!!!! please stop saying that this only happened to modded xboxes. Some reports indicate that 5% (!!!!) of all Xbox 360s were bricked by this update. My console is not modded and the same thing happened to me. MS demands $140 from me to get it fixed. They *****ed it up, Im not gonna pay them *****.
As long as this problem "only affects modded xboxes" the ones with legit consoles will not get any help. You're actually helping MS to cover up this mess.
wont get you anywhere. If Microsoft is taken to court and they find out his Xbox has any mods, they will take one look at Redrum and laugh in his face. However, if his system was legit. They will simply apologize and fix it for him. Some people are making this seem like Microsoft is some shady corporation out to get gamers...Microsoft simply wants to take your money and make your life easier, just like any other company. In doing this they will take care of you as well. Also, Redrum is sorta wrong in a way, in that if he has a legit system, he should have just sent his Xbox over to MS and had them repair it. Screaming and beating on MS sorta spells out something on his forehead...
There was an issue with the update that if you didnt have the previous update on your system it would get bricked. So anyone that bought a new system and then updated their system bricked. There is a legitimate case there if that is the circumstances of his lawsuit.
It frustrates me that this lawsuit is revolving around "the fall update." Besides the few consoles that got bricked as a result of the update, it's a totally different story if your xbox showing signs of freezing a month later. Why do you think we haven't heard anything in the past year about WHY all these xbox's are dying, and WHAT the statistics are behind the defect rates? It's because microsoft is doing an awesome job covering up their design flaw. Also, why is it that $140 is always the same price that microsoft charges for defective consoles?? They don't even tell the customer what is wrong, but they charge EVERY customer $140. Is that a magic number? Nope. Microsoft knows about their design flaw, and there will be a lawsuit against microsoft for this flaw once someone does extensive testing in order to find it. For everyone that still owns a flawless xbox - just wait. After you have over 500 hours logged on it, you will be shelling out $140 as well.
Everyone knows that flashed firmwares can allow pirated games to be run on said system,When MS hears about this, they may inform copyright laws that someone is suing them FOR copyrignts.
Not true, I have installed every single update since day one. I bought my console on the release day. The problem with the fall update was that they released one that had a bug causing consoles to crash. And then a few hours later released the same update (without the bug). Thats why some people downloaded the update and did not get any problems from it. But for a lot of people it was too late.
As I said, the updated bricked many legit consoles. I doubt he would sue MS with a flashed firmware.
buy a playstation 3....or nintendo wii even...
Okay, lets get things straight. I bought my console in September 06, according to the stamp on the back it was manufactured in June 06. For nearly three months it ran perfectly. Within 1 hour of installing the update the console was freezing, and within 24 hours the machine had bricked. Never modded the thing, and have always kept it in a well ventilated location. Okay, I can send it back to MS for repair, and yes it is covered under warranty. But I am now going to be without my xbox for 5 working days (while I wait for UPS to collect the thing) and another 15 working days (for MS to ship it back to me). With the xmas and new year holidays that means I won't see my console for nearly a month. Plus the holidays are when I get to do most of my gaming. I have clan matches coming up which I have had to pull out of, and damn it if I bought a TV and one of the manufacturers came round my house and broke it with a hammer I would be just as annoyed as I am now.
Idiots. Where does it say he modded his console? Take a look at the xbox forums after the fall update. I was one of those with a launch pristine (unmodded, no plan s to) 360 that got bricked by this and despite my buying the 2 year extended warranty, MS was demanding *I* pay to ship the console back to them. WTF. I'm gonna contact the dude to see if I can jump in the bandwagon.
why would he want to downgrade to a ps3 or wii?
You're full of s*it. There's no way they would make you pay shipping with an extended warranty. It's simply a case of they have money, I don't, I want some.
Go phone up Xbox support. They were asking me to pay up for shipping to them and yes, I have the extended warranty that I paid $52Cdn for. It's only very recently that they changed their tune (again) regarding the fall update messing up consoles that they finally said shipping is free. MS support is almost as bad as Sony.
my xbox is not modded and failed after an earlier update. it was replaced by microsoft but now it failed again after this update. honestly that is ridiculous. sure if they want to fight against modders go for it but if the updates also cause some unmodded consoles to fail they need to figure out an alternative.
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