Posts Tagged ‘class action’

Xbox Live Class Action Lawsuit Pretty Worthless

January 9th, 2008

As a follow up to the news about the three Texans filing a class action lawsuit for Xbox Live’s downtime, Gaming Steve has an article taking a closer look at the logistics of the lawsuit. He makes some really good points, such as:

If you are a Silver member, or one on a free trial offer, Microsoft owes you nothing as the service provided is cost you nothing. If you are a Gold member, you can divide up your yearly fee to a daily fee. $50 US Dollars for an annual fee is approximately 13.7 cents a day. The downtime was about 6 days, which ends up being 82 cents.

On top of the math details, there’s also a clause in the Terms of Use that should keep MS in a safe place:

16. WE MAKE NO WARRANTY We provide the Service “as-is,” “with all faults” and “as available.” The Microsoft Parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

Hit the link for a good read.

Link: Xbox Live Class Action Lawsuit Worth Pennies, Not Millions [Via Joystiq]

Microsoft Hit with Class Action Lawsuit Over Xbox Live Outages

January 4th, 2008

gavel.jpgThree Texans filed a lawsuit this afternoon against Microsoft over the issues plaguing Xbox Live during the past couple weeks. They allege that the outages constitute a breach of contract on the part of Microsoft. Microsoft has just learned of the lawsuit today and is not yet commenting on the situation. Hit the link for the article and a link to the PDF of the complaint.

Link: Xbox Live holiday outages prompts class action lawsuit [Via Kotaku]