crimsonking Posted January 7, 2008 Share Posted January 7, 2008 Microsoft sued over Xbox Live outage Irate gamers demand over $5 million in damages following slate of reported problems over holidays. By Ina Fried, News.com Posted Jan 4, 2008 6:33 pm PT Microsoft now faces a lawsuit over recent problems with its Xbox Live online gaming service. Three Texas residents filed a lawsuit Friday on behalf of themselves and others who have had trouble connecting to Xbox Live in recent weeks. The suit, filed in U.S. District Court in Houston, claims Microsoft's outages represent a breach of contract and negligent misrepresentation for which the software maker is liable. The suit doesn't claim specific damages, but notes the amount is in excess of $5 million. In the suit, the plaintiffs allege that Microsoft should have known strong holiday sales would tax its servers. "Microsoft knew the increase in subscriptions would increase game-play on its servers, yet failed to provide adequate access and service to Xbox Live and its subscribers," read the filing. Microsoft has apologized for the outage and said it would allow Xbox live subscribers to download a free game. A Microsoft representative was not immediately available for comment. I am completly astounded at how stupid people can be now a days, it would seem every day brings a new low. Technology malfunctions, when that happens go find something new to do, whining and complaining doesn't suddenly make it work. ~^v^~Ex-Leader of the Divine Flames of Redemption~^v^~ Link to comment Share on other sites More sharing options...
Zonorhc Posted January 7, 2008 Share Posted January 7, 2008 Microsoft shouldn't have given them a cent. What are the "damages", exactly? Someone went into shock because they couldn't play Halo? Varrock Library: Shattered Sky | Silent Thunder | The Emperor's FinestAstri @ MythWeavers Link to comment Share on other sites More sharing options...
____ Posted January 7, 2008 Share Posted January 7, 2008 Microsoft shouldn't have given them a cent. What are the "damages", exactly? Someone went into shock because they couldn't play Halo?While true, Micrsoft is taking the cheap option while also not admiting they did anything wrong :) Link to comment Share on other sites More sharing options...
klankaos Posted January 7, 2008 Share Posted January 7, 2008 Microsoft shouldn't have given them a cent. What are the "damages", exactly? Someone went into shock because they couldn't play Halo?While true, Micrsoft is taking the cheap option while also not admiting they did anything wrong :) Which is the bane of anyone's existence who uses anything made by a large company :XD:. They never admit they're in the wrong, but they'll give you something nice and trivial in return for shutting up, even if they are in the wrong. However, when they're not in the wrong, the idiots force them into giving you something nice and trivial anyways, which is a huge blow to people who give out millions of nice, trivial things. They just need to learn to stand up for themselves, while admitting they can be wrong, just like us mere mortals can. Being immature is a part of being mature. Link to comment Share on other sites More sharing options...
limpbizkit Posted January 7, 2008 Share Posted January 7, 2008 What since when were Microsoft perfect? seriously stupid... Tif 360 MGC Leaderboard Link to comment Share on other sites More sharing options...
bornl337 Posted January 7, 2008 Share Posted January 7, 2008 these people are "paying" customers if you're paying for a service from a big time company, you should expect to recieve it. while i don't agree that they should file the lawsuit, they should be recompensated in someway, a free game is good but they way they worded it isn't done very well how's this you pay a company to supply you with electricity. they have an outage for two weeks while other companies don't have that problem. they offer you the extended two weeks. would you be satisfied? Link to comment Share on other sites More sharing options...
Zonorhc Posted January 7, 2008 Share Posted January 7, 2008 these people are "paying" customers if you're paying for a service from a big time company, you should expect to recieve it. while i don't agree that they should file the lawsuit, they should be recompensated in someway, a free game is good but they way they worded it isn't done very well how's this you pay a company to supply you with electricity. they have an outage for two weeks while other companies don't have that problem. they offer you the extended two weeks. would you be satisfied? That's great, but the company shouldn't be expected to give you a new TV for your trouble. Varrock Library: Shattered Sky | Silent Thunder | The Emperor's FinestAstri @ MythWeavers Link to comment Share on other sites More sharing options...
Guest Posted January 7, 2008 Share Posted January 7, 2008 What a Joke. Just greedy people trying to ruin yet another company (though of course 5 million dollars won't really do any damage to the Company). :P Link to comment Share on other sites More sharing options...
baalboy5 Posted January 7, 2008 Share Posted January 7, 2008 these people are "paying" customers if you're paying for a service from a big time company, you should expect to recieve it. while i don't agree that they should file the lawsuit, they should be recompensated in someway, a free game is good but they way they worded it isn't done very well how's this you pay a company to supply you with electricity. they have an outage for two weeks while other companies don't have that problem. they offer you the extended two weeks. would you be satisfied? That's great, but the company shouldn't be expected to give you a new TV for your trouble. True but what can you expect? I mean those guys are trying to get 5m off of Microsoft Don't you know the first rule of MMO's? Anyone higher level than you has no life, and anyone lower than you is a noob. People in OT eat glass when they are bored. Link to comment Share on other sites More sharing options...
Riku3220 Posted January 7, 2008 Share Posted January 7, 2008 Microsoft has apologized for the outage and said it would allow Xbox live subscribers to download a free game. hehehe when does that take place? :twisted: but in reality those guys really are stupid 5 mill is even close to what all 3 of those people used and are going to use on xbox live. nobodys been hurt, nobodies died, nobody should be traumitised, the damages were "they were bored".... Link to comment Share on other sites More sharing options...
deloriagod Posted January 7, 2008 Share Posted January 7, 2008 On one hand, I can see where they would be angry. Microsoft SHOULD have known that there was going to be an increase in players and SHOULD have taken the precautions to deal with it. On the other hand, there are so many other things to do. If they have the time to take out a lawsuit over this, they have time to wait to connect to their favorite game. It's getting to be terrible the things people will sue others over. Can't we go back to the days when fist fights didn't end in court dates and hot coffee spills didn't lead to six figure or more winnings? Internet Marketing For Newbies Link to comment Share on other sites More sharing options...
assassin_696 Posted January 7, 2008 Share Posted January 7, 2008 Technically, if the customers are paying for their service of X-box live then they have every right to demand some form of compensation when they can't receive it. I know what they demanded is probably excessive, but when it comes to the real world you can't all just be nice and expect it all to work out. If you want to be treated with the respect that a consumer deserves from a company, then now and again you've got be aggressive. Sad but true. "Da mihi castitatem et continentam, sed noli modo" Link to comment Share on other sites More sharing options...
FooK-A-Ji Posted January 7, 2008 Share Posted January 7, 2008 The saying goes: Only in america. Link to comment Share on other sites More sharing options...
Harrington Posted January 7, 2008 Share Posted January 7, 2008 I think the whole suing thing should be assessed. I was under the impression you could only really sue if you were personally injured, or suffer financial problems due to someone else's fault... seems you can sue for just about anything these days. Link to comment Share on other sites More sharing options...
deloriagod Posted January 7, 2008 Share Posted January 7, 2008 I think the whole suing thing should be assessed. I was under the impression you could only really sue if you were personally injured, or suffer financial problems due to someone else's fault... seems you can sue for just about anything these days. Do some quick Google searches on lawsuits. I can assure you, you'll find some lawsuits that should never have been won (or filed). Internet Marketing For Newbies Link to comment Share on other sites More sharing options...
FooK-A-Ji Posted January 7, 2008 Share Posted January 7, 2008 I think the whole suing thing should be assessed. I was under the impression you could only really sue if you were personally injured, or suffer financial problems due to someone else's fault... seems you can sue for just about anything these days. Do some quick Google searches on lawsuits. I can assure you, you'll find some lawsuits that should never have been won (or filed). Italy sued Donald Duck and mickey mouse earlier last year lol - - ..wonder what they had in their spagetti .. Link to comment Share on other sites More sharing options...
BlueTear Posted January 7, 2008 Share Posted January 7, 2008 Surely all modern subscription based terms of service have clauses regarding temporary outings due to technical problems, as well as the general availability of whatever it is? -This message was deviously brought to you by: Link to comment Share on other sites More sharing options...
Kiriyama Posted January 7, 2008 Share Posted January 7, 2008 Technically, if the customers are paying for their service of X-box live then they have every right to demand some form of compensation when they can't receive it. I know what they demanded is probably excessive, but when it comes to the real world you can't all just be nice and expect it all to work out. If you want to be treated with the respect that a consumer deserves from a company, then now and again you've got be aggressive. Sad but true. They may claim damages, as it is technically a material breach of contract, unless the contract covers this chance. Found this little thing which is going to screw them over. 16. 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. Denizen of Darkness| PSN= sworddude198 Link to comment Share on other sites More sharing options...
henman888 Posted January 7, 2008 Share Posted January 7, 2008 Nowadays you can sue people for ridicolous things. Link to comment Share on other sites More sharing options...
Bloodredsword Posted January 7, 2008 Share Posted January 7, 2008 Lol, I saw this on CAD Let me quote the famous Tim Buckley. What lives do these people leave that if they can't get online with their Halos and Calls of Duty that their whole world grinds to a halt? Is their only other option to stare at a wall for hours on end, that it warrants a lawsuit to rectify this horrible injustice? If they can afford a $300 gaming system with games, does it not stand to reason that they could also afford a $15 book? Of course, a book, silly me. Look at who I'm referring to here, the video generations, with each one lazier and more illiterate than the last, to the point where they're happy to look like idiots just to avoid the extra millisecond it takes to type/read 'You' instead of 'u'. I mean I support short-hand internet language in the environments where it was bred out of necessity, fast-paced chat rooms and video-games-before-VoIP, where slower typers didn't have the luxury of full proper spelling and grammar. But these days it seems like this type of communication is all some kids know, and... this is a tangent and a topic for an entirely different rant for another day. He's 100% correct....and you know it. Stupid nubs Heres the comic he did for it to XD (black lines are censors) Listen to the mighty words of Bloodredsword. Tip it MGC Xbox live leader board! Link to comment Share on other sites More sharing options...
crimsonking Posted January 7, 2008 Author Share Posted January 7, 2008 On one hand, I can see where they would be angry. Microsoft SHOULD have known that there was going to be an increase in players and SHOULD have taken the precautions to deal with it. As the author of Ctrl Alt Del said, what if Microsoft did take precautions, but that still wasn't enough to prepare for the Holiday surge? I mean its the holidays, there is no way to tell just how many people are going to be trying to play at the end of them, the people at Microsoft are no more psychic than the rest of us here we can't expect them to get everything right all the time. ~^v^~Ex-Leader of the Divine Flames of Redemption~^v^~ Link to comment Share on other sites More sharing options...
Kiriyama Posted January 7, 2008 Share Posted January 7, 2008 On one hand, I can see where they would be angry. Microsoft SHOULD have known that there was going to be an increase in players and SHOULD have taken the precautions to deal with it. Every person is entitled to their $4 or so back, as Microsoft should have known something like this might happen, and is stated in the T&C that they can get their money for a month's payment back. So they are sueing for nothing, they can ask for their $4 back and have got a free month of Xbox Live from that $4 basically, as you didn't pay for a month. Denizen of Darkness| PSN= sworddude198 Link to comment Share on other sites More sharing options...
assassin_696 Posted January 7, 2008 Share Posted January 7, 2008 [hide]Technically, if the customers are paying for their service of X-box live then they have every right to demand some form of compensation when they can't receive it. I know what they demanded is probably excessive, but when it comes to the real world you can't all just be nice and expect it all to work out. If you want to be treated with the respect that a consumer deserves from a company, then now and again you've got be aggressive. Sad but true. They may claim damages, as it is technically a material breach of contract, unless the contract covers this chance. Found this little thing which is going to screw them over. 16. 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.[/hide] Yeah well if there's a clause or something that's fair enough. Just saying, in a consumer/supplier relationship the consumer is entitled to claim if they've paid for a service they haven't received, it doesn't have to be anything to do with "a lack of other things to do" "Da mihi castitatem et continentam, sed noli modo" Link to comment Share on other sites More sharing options...
subtle_rune Posted January 7, 2008 Share Posted January 7, 2008 I think this sounds stupid. Yes, they might be paying for it, but it was only two weeks, which comes to roughly $2.30/ÃÆââ¬Å¡Ãâã1.50 if you were paying for a year's subscription at a time. The price of the arcade game that Microsoft will release for free will probably normaly cost over $5/ÃÆââ¬Å¡Ãâã3.40, so it's not like people have lost their money for nothing. At least Microsoft has the guts to say "Okay, sorry for that, here's a compensation." And how were Microsoft going to know that 10 million users would be on their servers? Sure, they might have known that there will be more people, but not that many. Of course, the world is going to end because people can't play online for two weeks. I think it's stupid how narrow-minded people can be - as soon as the service went down, people were ringing and emailing the Xbox Support to say that it's down (as if they didn't know already), and the staff had been working flat-out since it went down to try and fix it. $5 million is hardly fair, and looks like some people wanted to get some money by sueing - and an opportune event came up. But then I suppose that's how the world's gone wrong - if a burglar broke into someone's house through a window and cut themselves on the glass, they can sue. Ridiculous. Link to comment Share on other sites More sharing options...
Biabf Posted January 7, 2008 Share Posted January 7, 2008 Microsoft shouldn't have given them a cent. What are the "damages", exactly? Someone went into shock because they couldn't play Halo?While true, Micrsoft is taking the cheap option while also not admiting they did anything wrong :)They did admit they did something wrong... The software firm said it was "disappointed" with its performance and promised a free downloadable game to all users as recompense. Writing on the Major Nelson website, Marc Whitten, general manager of Xbox Live, apologised for the "intermittent" service. "While the service was not completely offline at any given time, we are disappointed in our performance," he said. http://news.bbc.co.uk/1/hi/technology/7171355.stm That sounds like they are apologising for screwing up. Link to comment Share on other sites More sharing options...
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