January 7, 2008Gold Diggers rear their UGLY heads once more:
Posted by The Ori
Microsoft Sued over Xbox LIVE Outage:
Three Texas residents (lazy people who have nothing else to do) filed a lawsuit Friday (Jan 4th) on behalf of themselves and others (oh, others) who have had trouble connecting to Xbox Live in recent weeks. Aww, what a shame, a few days without playing on line, what a bunch of babies. I have had troubles too, but I can deal with it, really…
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. These idiots are suing for 5 million, for $1.64 worth of service loss, when they couldn’t play on line for a short while? Any judge with any sense should laugh them out of the court-room, this is absurd.
In the suit, the plaintiffs allege that Microsoft should have known strong holiday sales would tax its servers. “Microsoft knew the increase in subscriptions would increase game-play on its servers, yet failed to provide adequate access and service to Xbox Live and its subscribers.” Sure, but no one can predict hardware failure, or small oversights, it happens all the time - maybe I should sue my boss every year, for overlooking things every year…
For all of you who might think M$ deserves this for banning people for breach of contract, you might want to open your dictionary and look at the meaning of the word PETTY -vs- the word PIRACY… This suit, and suits like this are what drives up costs for everyone. A 5-million dollar award just means no freebies for a while, and higher prices for downloads, and content. Someone has to pay it, and you can bet it won’t be M$, it will be the consumers.
This is a load of crap. People like that sit and wait for a chance / reson to sue someone. Lazy people sitting there and had nothing better to do with Live offline for a few days. This kind of stuff is why we have to pay for Live and pay 800 points ($5) for a game that would have prob been free.
Correction.
800 points = $10.00
Things like this is what, makes me a sad panda
This message was to profane to keep posted - AGAIN, you people can’t keep it clean, it will be deleted! This is another statement for you people to keep it decent. Using profanity doesn’t make you cool, or smart, in fact, it shows how ignorant you are because you can’t find a word OTHER than a curse word to use.
LOL
Your console’s burnt out 12 times??
DAMN
Sucks to be you, do you have like the extended warranty that you can just keep going back to best-buy or whatever store you got it from and exchange it for another one off the shelf or you going through MS??
I go straight through those theives for repairs…
LMAO 12 times maybe you should go to a ps3
I had one, but they don’t have Metal Gear 4 or Final Fantasy 13 yet. I beat Resistance, that was good, but I traded it for a Wii and 300 bucks.
I can’t curse, boo-hoo, I cry - need a dry pillow…
They should have a HUNTING SEASON for these type of people!!!!
Maybe they had to get 12 consoles too. Maybe you shouldn’t be flaming them. You don’t know them. Neither do I, but man, I wish I was in on this. I should make my own lawsuit against them. Microsoft is alright as long as it isn’t Xbox related. When it comes to this carelessly made console, and my past experiences, I enjoy every blow they have to take. When do I get my piece of the pie? I deserve something better than 12 consoles and DRMs being taken away. All I’ve done was buy their product and their lies. Did you all know they changed their terms and agreements? Did you re-sign it? Re-accept it? No. Did any of you get any acknowledgement from the company that they were changing the contract you signed when you got your account? I didn’t think so.
I would sue if I had money…They take from me all the time-22 arcade titles I’ve purchased, many consoles later I don’t have the DRMs for them now. 22 arcade titles = 14,000 Microsoft Points. They won’t give me my games or my points. WTF? 12 consoles? What do I get? Some kids lose Live time like everone else and I still get the same shit treatment. Microsoft owes me big time.
No offense to anyone here american, but really, these guys are just proving the stereotype that most americans will sue anyone for any reason that they can find.
I hate M$ but i would stoop this low for the couple day outage. 5 million hahah. They are on crack. Oh and yes people will sue for anything when you have money. You can get sued for taken a shiznit in a public bathroom and someone coughing from it. They will try and get you for biohazardism. haahaha
correction wouldnt stoop
Nobody knows what people are saying when they shxt about Americans because most foreigners can’t even communicate correctly. How would know I’m not Mexican?
I love the unintended irony in this post.
As if it could not get any worse, lets see if they or others sue over lost achievements:
While they were attempting to “fix” Xbox Live, they’ve systematically been rolling back, and recovering portions of their servers to weed out the bugs. However, this is not the “official” word from Microsoft, but the guy told someone who called in on 1-800-4my-xbox said that; that’s what was going on. He apparently seemed to know what the person was talking about when he was told him their issue, so that lead people to believe he’s not just making stuff up.
So, lets add another 5-million to the suit because NOW, they have to spend precious work time to recover their lost achievement points.
And due to the fall update back on Dec. 4th, let’s not forget all the people who’s game saves just magically dissappeared. (including me). I’m ready to sue.
M$ is a piece of crap, monopolizing shit.
I am glad someone is suing them, and taking a step against the company.
Yea yeah if you don’t disagree… when you loose monies because of m$, you will agree.
I’ve never owned an Xbox, and am not a giant fan of game consoles. But I bought a PSP at launch, and I was so satisfied I went out and bought a PSone with a Screen. That did not interest me, so I traded it at a pawn shop for a PS2. Wasnt thrilled at all, sold it to my friend whos old PS2 was having disc problems. Bought a PS3, and it sits on the shelf, only bought a few used games for it. I dont use consoles much, but even back when I was a kid my old SNES and N64 worked perfect, never had a problem. From what I hear, Microsoft has some major problems. I peruse websites about the PS3 and I have only seen 3 posts about failures for that system, and only related to a faulty firmware. People comment all the time about running their consoles without shutting them off for a month or two at a time. XBox has major flaws…mabye this ultimate system they are making will truely be a fix, unlike the minor upgrade a couple months back. But i’ll be sure to buy Xbox portable if it ever comes out.
The original poster’s comments about suing your employer for things that break is totally off-base. You’re not paying your employer for anything. On the contrary he’s paying you to do your job. His loss is in your productivity.
Alternatively, it’s QUITE COMMON for customers to sue service providers for NOT PROVIDING SERVICE that’s been paid for, ie breach of contract.
Technically speaking, the lawsuit does have it’s merit. The reason the suit is for such a large dollar amount is due to the issue being a class-action lawsuit. They’re effectively suing on your behalf. I would guess, that at the end of the trial, anyone would participated (assuming a win/or settlement) would AT MOST get a free month worth of service.
The suit isn’t that unreasonable.
one of the guys involved in the lawsuit is gamertag cb6100. i was talking to him the other nite about it.he seems to think microsoft will lose the lawsuit which is complete shit.
well, i think suing m$ can’t be as wrong. they would do the same thing!
I posted an ad at http://www.helpmesue.com
hopefully an attourney will help me.
It is now a Class Action Lawsuit. If anyone is having any similar experiences then follow the link above and look for my post.
so i live in the UK and everyone knows that the americans have a suing culture, people sue for falling off of a chairlift when they have lifted the bar up. and the courts in the US seem to go in favor of the stupid people but come on its the stupidest law suit ever to come out of the US, should i sue BT and M$ for me not being able to connect to XBOX Live using my wireless, BT for its router not being powerful enough an d M$ for its wirless adapter for not being able 2 pick up the signal. don’t be stupid, i hope these guys pay thousand on legal fees and don’t win cos tht will prove their stupidity.
It’s a completely valid case. People paid a fee to use the Live service, and they didn’t get to. The reason the monetary amount is so large is that it’s a class action lawsuit, so anyone who owns a 360 and has experienced the outages gets part of the benefits if the consumers win the case.
A valid case? Well, I was involuntarily included in a class action law-suit a long time ago, guess what I got? FIVE BUCKS (1 month of live service anyone?)! People are just sissies, and need to take their SKIRTS off and put some man PANTS on. After what people are going to get after a class action suit, they may as well take the FREE arcade download. So, people will take the download, AND money. this country is going to hell in a hand basket; sue happy, gold diggers. They may as well die their hair blond, get sex changes and marry rich… Just makes me, and other people SICK. The best they should get is a MONTH worth of free service! It was only a few weeks, and people want millions? Can you say Frivolous law suit… Well, those wastes of society can’t. All people deserve is a free MONTH for the inconvenience, that’s it. If the outage is 2 months, then they should get get TWO months back free. What on EARTH gives people the right to TAKE more than what they paid? Hell, even at 49.99 a year, and a month of down time? Well, 49.99 divided by 12 is, what? 4.17 rounded up, OH MY FREEKING GOD!!! Wow, that’s HUGE, well, I guess 4.17 dollars means 4.17 million to video game junkies? You silly SILLY human… Go out and play…
so you must be the people that have enough money to waste on something that you don’t even use enough to notice these issues…Apparently you don’t understand, Microsoft has also changed our Xbox Live contracts without notification. I for sure didn’t get a phone call, message on my Xbox, no email, no letter in the mail, nothing explaining the changes in the contract. This has caused me and others a great deal of suffering the loss of not being able to play what we bought. I was told this by an agent at 1-800-4-my-xbox. I have a post about it here http://www.helpmesue.com/post/193/
I think someone, and other people, need to read the EULA again. You forget what you agreed to, didn’t you? Yes, you sure did. Stop feeking crying and own up to what you and other people AGREE to. Not my, or anyone’s ELSE fault your people don’t READ the EULA in it’s entirety. Anyone who does not read a contract is plain old STUPID, with a capital “S”. I would advise you to READ the entire EULA, though it mat take a half hour to read and, god forbid, DECYPHER it… IF you do not read what you agree to, it’s your fault when something happens you don’t like, but was covered. Again, SCHOOLS NEED TO TEACH THIS NEW GENERATION HOW TO READ!!
Then return it, SELL it, and buy a PS3, their on-line service is SO much better. I use it enough, I just don’t play on-line that much.
A great deal of suffering? Not being able to PLAY what you bought? You can play 360 without playing on-line. And if you SUFFERED for not being able to play on line, WOW, you need a real life adjustment, because if you look out your window, there is a WHOLE other world out there to enjoy. Suffering? So the people fighting in Iraq are just peachy? Cancer SUFFERERS are just whining? OR, yeah, how about that AIDS patient, yeah they’re not suffering one bit.
You have no CLUE what the meaning of suffering is, if you associate it with a freeking GAME CONSOLE! That is just shows the inept ability of todays generation being able to cope with the real world.
Not everybody has the same lifestyle. Again, you don’t know me, you’ve only heard my thoughts and experiences with this company. There IS a whole other world, and this is starting to get in the way of it with all of these problems…Repeated phone calls to support with no results even after being transferred to different departments, resulting in (on average) about an hour and a half each time. Then you get hung up on cause you’re frustrated, then have to call back and start all over again. You don’t know me. I know suffering and I’ve been through a lot of shxt you wouldn’t understand. I figured this was something that other customers would understand. Apparently I am being singled out here. I feel pretty bitter about all of this. Of course your not upset, obviously this doesn’t affect you so why bring me down? And what does AIDS and Cancer have to do with how I feel about Microsoft? Or this situation? This is starting to become a waste of space now because of all the negativity and arguments. And then there’s that mean moderator. Do you guys remember that kid a few years ago that killed himself? You know, the one that when they found him at his computer and looked on the screen, they saw a bunch of posts from other people online just completely ripping him apart? I am trying to be as sincere as possible in posting my issue and defending these kids and their lawsuit. You don’t care. That is clear to me. I give up. Whatever. By the way, the only reason why my “name” is Ih8billg8s is because he won’t step up and fix the problems with customer support and the way they treat peopl-I guess just me…And you all visit a “hack” site, thus, I assume some of you or most of you have hacked your console. No wonder you don’t care about breaking a contract or a service agreement or EULA or whatever you want to call it. Achievements took all the fun out of gaming. At first, I thought it was awesome-but now I realize that’s why I don’t have fun on my Wii. That’s why I don’t have fun on my PSP, PS3, or even old school nintendo. I’m like-”Hey, wouldn’t that be awesome if Mega Man X was on the Live Arcade? You could get some sweet achievements!” Now I’m like-”Mega Man X? Nah, SNES doesn’t have achievements…” PS3 doesn’t either, yet. Devil May Cry 4 will be the first to have them, though. Don’t know for sure if all titles will have them or not from then on, but it would be nice. And then the Wii. Then I can have fun when my best console is breaking all the time.
Speaking of reading…I mentioned before that the EULA has been changed without notification. Did any of you receive a notice about this in any form? Email? Letter in the mail? Phone call? Xbox Live message? Posted on their website? Didn’t think so…Now the EULA is different than when I first bought my service, so that is a breach of contract, forging of my acceptance to the EULA.
IF you read other parts of the EULA, and their other contracts, they reserve to right to change the terms without notice, it is up to YOU to read it. It is not so much a change than it is a REVISION to further protect their intellectual property.
I Edited one of your posts because you have a horrible vocabulary. Being called ignorant? Well, last I checked, the word IGNORANT is not a profanity. I warned users here before, I won’t tolerate the profanities, END OF STORY. IF you can’t type without using a profanity, then don’t type it, I will delete or edit it. IF you persist, I ban you from the site PERIOD.
If you do not like it, you know where the URL bar is, type another address into it.
I Edited one of your posts because you have a horrible vocabulary. Being called ignorant? Well, last I checked, the word IGNORANT is not a profanity. I warned users here before, I won’t tolerate the profanities, END OF STORY. IF you can’t type without using a profanity, then don’t type it, I will delete or edit it. IF you persist, I ban you from the site PERIOD.
Still-very unprofessional. I also don’t get why you are so against me. You know what? Forget it. It’s gone too far.