Microsoft Sued Over Xbox Outage

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." Microsoft has apologized for the outage and said it would allow Xbox live subscribers to download a free game. A company representative was not immediately available for comment.

News source: CNet

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Although I think suing them is a little extreme, I agree with this line:

In the suit, the plaintiffs allege that Microsoft should have known strong holiday sales would tax its servers.

Me and some people had a talk about this at work one day and said that they KNOW they're gonna be busy, so prepare for it! As long as Microsoft gives some sort of reward at the end to make people happy, I don't see the huge problem.

GEIST said,
I wished blatant stupidity would be against the law. Then the entire U.S.A. could sue itself.

There are stupid people everywhere.

(On a side note, I hope Microsoft tells them they can't have their free XBLA game.)

I am from Texas however I am not Texan in the proper sense. Also I would like to remind my fellow Neowinian's that racist and derogatory comments are not accepted in a good way. Please refrain from doing so and comment on the topic.

as others have said, this will get thrown out of court and the lawyers will probably be fined by the judge for this bullsh*t.

I'm from texas and im ashamed the my fellow texans are pulling this sh*t :disappointed:

people like this make the world an annoying place to live. thanks.

do they think that sueing microsoft for all that money will make xbox live come back faster for the rest of the patient people who are waiting? or should every person that owns an xbox sue microsoft too? Should I sue my internet company because my internet died for 2 days a few months ago?

Simple is that...in all this crazy fashion of lawsuits, LAWYERs are the ones who ultimately wins: funny enough on both sides

Whatever lawyers took this case should be examined by the state bar. The Live service TOA pretty clearly spells out that they don't guarantee service.

GreyWolfSC said,
I'd like to see them explain $5M in damages for 3 people for playing a game. :rolleyes:
Xbox Live is about $50 a year or so right? Even if they get it at $5 a month, that's no more than maybe $20 dollars plus court fees they could really sue for I'd imagine. It's Microsoft, so ofcourse they want a lot of money from a giant corporation.

This case is going to get thrown out, not only is it *probably* addressed in the TOS, but it's reatrded at best and they're just trying to make a quick buck.

It's equivelant to a cell phone provider having difficulties with a tower and nearby mobile phones experiencing dropped calls/poor service... or a subscription-based website being down for maintenance.

I really hope these idiots get slapped in the face. They're giving us Texans a bad rep.

Chsoriano said,
I really hope these idiots get slapped in the face. They're giving us Texans a bad rep.
Apparently all Texans are cowboys or idiots these days... I REALLY hope they get laughed out of court for such a trivial lawsuit.

I'd say the gamer should also expect some downtime. Hell, for all they know maybe half the downtime was due to server upgrades.

I would assume the people would have to justify $5 Million, I would like to see how they come up with that number.


I think BeLGaRaTh is right, there does not appear to be to be any guaranteed uptime in the terms so there is no breach to sue against

As someone mentioned in another thread they have no chance as it will be thrown out, especially if you read to T&Cs or is it TOS for us?