Microsoft faces second class action lawsuit over scratched discs
by Ludwig Kietzmann 
{ Jul 19th 2007 at 6:22PM }
Though this would normally come as a relief to owners of Tenchu Z, plaintiff Christine Moskowitz was most displeased when the Xbox 360 she purchased for her son wrecked copies of Gears of War, Crackdown and Saint's Row. A second plaintiff, Dan Wood, claims that his system ruined a Tom Clancy's Splinter Cell disc. The California court filing hopes to see no less than $5 million in damages go towards affected Xbox 360 buyers.
The suit blames the Xbox 360's "numerous hardware defects"on "Microsoft's rush to market," a decision that is said to have been detrimental to consumers. While the recently announced 3-year warranty program covers general hardware failures (signaled by the Red Ring of Death), it does not cater to issues of disc scratching, which Microsoft insists are not significant in number.
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Reader Comments (Page 1 of 2)
Ian Von Porter @ Jul 19th 2007 6:31PM
Looks like Peter Moore left at the right time.. first this, next will be the RRoD Class Action that we all know is coming.
Evan @ Jul 19th 2007 8:43PM
Well, I have to say I am impressed that people ignore the amount of warnings about moving your Xbox 360 with a disc inside of it. There was a sticker on the cd drive case, warnings in the manual, etc. etc. Is it not common sense to heed the warnings from the manufacturer.
This is bogus. Along with the 30% failure rate. 20 games later and a launch console and no problems.
Jouten @ Jul 19th 2007 10:13PM
I have to agree. I have first launch console, no problems since day one. I feel for the people who are having problems though. Reality is all about perception.
It's kind of weird actually. My Launch 360 is fine but my Wii is having video problems. Ah well, luck of the draw I guess.
Game on!
megapenguinx @ Jul 20th 2007 1:56AM
Jouten it may be your graphics card overheating due to having wii24connect on.
blankko @ Jul 20th 2007 12:41PM
judging from the amount of RRoD threads on Xbox and console forums around the interwebs, the large percentage of defective Xbox 360 does seems pretty real
chamelean75 @ Jul 19th 2007 6:33PM
LOL. I'm actually glad I don't own a Xbox 360. They seem problem plagued. I haven't heard much about Wii and PS3 failures. But then again, I was never a Microsoft fan. I already use their OS system and software. I feel no need to shove more money their way for entertainment purposes.
Dirk Dorkelson @ Jul 19th 2007 6:34PM
I wonder how big of a deal this really is. I mean, a decent percentage of people (including me) I know have had the RROD, but I have yet to hear anyone complain about the scratched disc thing other than on the Internet. And it seems to have only surfaced somewhat recently (as opposed to the RROD problem, which started to crop up a few months after launch). Has anyone here had a problem with it, other than when the console's been moved or bumped?
Mromson @ Jul 19th 2007 7:00PM
The PS2 and Xbox 360 are well known for their disc scratching many people (included real life friends) have reported that their discs were destroyed by a 360.
I myself don't own a xbox 360 yet, as I'm waiting for MS to fix the various hardware issues so I haven't personally experienced disc scratching caused by a 360, but my 1st PS2 used to do that all the time.
Fernando Rocker @ Jul 19th 2007 6:35PM
Well... at least Bill gates has enough money.
Altough, I wonder if Bill Gates have enough money to afford a PS3...
Balla360 @ Jul 19th 2007 6:42PM
The only scratched discs I've personally seen are from situations where people moved their 360s during operation to show off the mercury switch that rotates the ring of light. Do the scratches happen any other time?
colin @ Jul 19th 2007 6:57PM
i moved my 360 with a game in it, but my console wasn't on at the time. i found a website that says they can repair it for 5 bucks. i'll let you guys know how it turns out.
http://www.extreme-mods.com/Disc-Repair-Service-p/srv-discrepair.htm
sam @ Jul 19th 2007 6:41PM
Where do I sign up for this class action. Mine's ruined a few Gears of War discs already.
Saad @ Jul 19th 2007 6:46PM
Actually...I had a brand new copy of Guitar Hero II destroyed by my 360. However, I can't say MS is totally to blame on this one...it usually means the person jiggled the system a little, which is what happened to mine. Although it just me lifting it to remove the book the system was under, I guess I'm still at fault. Still, a LAME thing to happen. Luckily, EB exchanged it for me. So yea, just my 2 cents.
JonnyBoy2U @ Jul 19th 2007 6:46PM
The 360 is the best console ever made. All you people are complete losers who cannot take care of it. Its a finely tuned piece of gaming goodness. You guys suck, I've had mine since launch and never had a problem. I leave it on for weeks at a time. One time I playe for 39 hours straight and no problems, the back wasnt even warm. Learn how to take care of your product! Leave MS alone.
Coffeeholic @ Jul 19th 2007 8:11PM
Shut up you stupid fanboy. Do you really think all the people that had problems with the XBOX didn't take care of their products? The retailers claim that the fucking thing had over 30% failure rate.
Is microsoft paying you to post here?
JonnyBoy2U @ Jul 19th 2007 6:49PM
LOL look at how pathetic someone is. They created a FAKE account that looks like mine just to post trash.
Is that really how jealous some yall are of me?
GodisaMyth @ Jul 19th 2007 6:49PM
More money more money more money more money more money!!!
I wonder how much MORE MONEY this will cost Microsoft.
Price drop...price drop...are you kidding me? (Jim Mora)
Bill Gates has very deep pockets but seriously...how much MORE MONEY does he want his failing games division to piss away?
How much Bill?
The real irony is...Microsoft used cheaper parts to SAVE money. Brilliant...simply brilliant.
Ska Oreo @ Jul 19th 2007 10:47PM
Failing? Are you serious. Sure Microsoft's game division is having some major problems, but I don't think they're even close to failing.
JonnyBoy2U @ Jul 19th 2007 6:50PM
And while I do think that the disc problem is a users fault that doesn't mean that MS isn't responsible for SOME of the issues wrong with the 360.
Frankly I'm surprised that the RRoD Class Action Lawsuit hasn't occured either...
Dirk Dorkelson @ Jul 19th 2007 7:01PM
Would anyone be able to file a RROD-related class-action suit? I mean, if they're repairing/replacing the consoles for free, what would you claim? Psychological damage? Emotional hardship?
JonnyBoy2U @ Jul 19th 2007 6:50PM
And while I do think that the disc problem is a users fault that doesn't mean that MS isn't responsible for SOME of the issues wrong with the 360.
Frankly I'm surprised that the RRoD Class Action Lawsuit hasn't occured either...
Brian @ Jul 19th 2007 7:50PM
I think Miocrosoft may still be responsible. There's a thing referred to as reasonable misuse. A company should expect the customers to treat it in a way that may be less than ideal.
For example, if a customer uses a crowbar as a hammer and a paint chip from it hits them in the eye they can sue the manufacturer for not anticipating this use.
GodisaMyth @ Jul 19th 2007 6:52PM
If the 360 is the best console ever made...then I just saw a rock evolve b4 my eyes. http://www.atheistperspective.com/this-is-not-a-parody-its-funnier/
Remember...it is NOT a parody, it is not a parody
GodisaMyth @ Jul 19th 2007 6:59PM
There are 4 little rubber pads on a disc drive that keeps the disc from rubbing against the lens.
Microsoft on some, maybe all did not put in the rubber pads (probably to save even MORE money...brilliant) in the disc drives.
That is why this class action lawsuit is happening.
SuperMario21 @ Jul 19th 2007 7:01PM
So what I hear is that you can't move the Xbox 360 when a game is in the system or it will scratch it. Thatz ridiculous. You could throw any Nintendo product on the ground while on and the CD inside will be perfectly fine and the system will still work. Microsoft made a good gaming console but it isn't a good quality product.
JonnyBoy2U @ Jul 19th 2007 7:00PM
And for the record the REAL JonnyBoy2U has a 360 Elite. It hasn't broken ever. I just got it a month ago and I love it so far. I've got DOA4 and Gears Limited Edition for it.
I've never trusted EB Games and I don't go to EB Games or Gamestop for anything gaming related. All my games come from Best Buy or a REAL retailer.
And to the dumbass who decided to pretend to be me. I'm guessing Anam or Curmeo....
You're Pathetic. Get a fucking life.
cc123 @ Jul 19th 2007 7:05PM
Funny thing is all the posts in this thread that say JonnyBoy2U sound EXACTLY like JonnyBoy2U.
So if someone really is pretending to be you they are living up quite well to your levels of douchebaggery.
Agreer @ Jul 19th 2007 7:18PM
Classic. I agree though, that guy is a douche bag.
dl @ Jul 19th 2007 7:07PM
Never move your Xbox 360 around while it on and with disc inside, why don't you try to move your PS3 Wii PS2 or any other CD/DVD devices with the disc inside while it spinning and see what happen.
Vincent060 @ Jul 19th 2007 8:57PM
I have. Numerous times. Nothing happened to the game.
JonnyBoy2U @ Jul 19th 2007 7:15PM
Well cc123 thats your opinion. I know I'm not a douchebag. The only reason you think that is because I don't like the ps3 or sony. Theres nothing I can do about that. Nothing I say or do will please you and I don't really feel the need to since you're nobody to me.
Have a good night. And good luck to MS with this lawsuit. These people will most likely get their money and be happy. Throw enough money at these greedy people and they'll be happy.
Liqwid @ Jul 19th 2007 7:33PM
Wow... another law suit. What will this fix? Nothing. Does this can that the 10 million 360 owners can ship their 360s in, all at once, and get them fixed at the same time when the issue is resolved? I think not.
People need to learn how to put a disc in a system and leave the system alone until he/she/they/it is done playing the game.
Curmeo @ Jul 19th 2007 7:35PM
boy do i love my Durabis-coated Blu-ray discs.
Liqwid @ Jul 19th 2007 7:42PM
Boy do I love my Xbox 360's better games.
will @ Jul 20th 2007 4:11AM
OWNED.
Curmeo @ Jul 19th 2007 7:38PM
good night douchebag.
Curmeo @ Jul 19th 2007 7:40PM
seriously, wtf is wrong with the commenting/replying system?
hvnlysoldr @ Jul 19th 2007 7:49PM
Perhaps you're trying to reply to a comment that you've rated. I use Firefox and haven't had troubles. Someone who's had trouble said they were using IE7.
aylera @ Jul 19th 2007 7:44PM
"Never move your Xbox 360 around while it on and with disc inside, why don't you try to move your PS3 Wii PS2 or any other CD/DVD devices with the disc inside while it spinning and see what happen."
Uh, the new ps2 has ball bearings that lock the disc in place. The Wii is a self receiving drive, and the disc cannot move inside, same with the PS3.
I don't see why they didn't use a similar style drive, as it would eliminate these issues.
Either way, try working in electronics retail, and tell people their Xbox 360 F'd up their game, that you cannot replace it for them, and it's all Microsoft's fault. They get sort of upset.
I've never seen any other game discs get a circle engraved around it, besides 360 games. The only other system that has an opening disc drive is the old PS2, and I've never seen a game come back like these do, in 6+ years of retail. The old ps2's had a bad lens in them that didn't last all that long, but that's another story.
lostprophet @ Jul 19th 2007 7:53PM
The scratch ring only occurs when you tip the XBOX over while it is standing. Forunately, I learned this lesson with a rental, and now I have my Box lying on its side.
horngreen @ Jul 19th 2007 8:06PM
The first Xbox scratched disc and now this? You think they would learn. I've had the RRoD but my disc seem fine. Probably morons tilting their 360 while they have a disc in them.
OTAM @ Jul 19th 2007 8:20PM
The games CAN get scratched WITHOUT moving the system. A friend of mine just got an Xbox 360 and it made a perfect ring of scratches around his copy of Dead Rising.
I have 2 Xbox 360's and I sent one back because of the RROD. Now last night my other 360 gave the 3 red lights too. They were kept at different houses in completely different setups,but were open and ventilated,so it's not owner error.
The things are built like shit and it's about time people start taking action. They have hardware errors,scratch discs,and overheat. Maybe they need to pay Nintendo to design their next system because they seem to get it right every single time. I wish Nintendo would make other products like cars and condoms so I know the quality is top notch.
Curmeo @ Jul 19th 2007 8:41PM
"I wish Nintendo would make other products like cars and condoms so I know the quality is top notch."
lol nice.
i was actually surprised/impressed by Sony's engineering of the PS3. i thought the first few batch would be as unreliable as the launch PSX/PS2 units.
LordMinogue @ Jul 19th 2007 9:18PM
Only once have I seen a 360 scratch a disk, and thats when a friend picked up the 360 while it was playing a game in the vertical position to move it.
The scratch didn't even break the game, just nicked the side of the disk.
DeShaun @ Jul 19th 2007 9:45PM
Cool, i need to be signing up for some of this lawsuit action like ASAP.
my 360 has already chewed up about 3 games and 8 dvd's. in fact blockbuster has tried to charge me full cost to replace 4 of those dvd's (said they were unplayable after i returned them) but i managed to talk my way out of it.
these days i'm only putting rentals into this POS game box.
Briz9 @ Jul 19th 2007 10:08PM
You know, what we should REALLY be asking is how old is this kid who's mom bought him Gears of War and Saint's Row.
BadMammaJamma @ Jul 19th 2007 10:35PM
You... are an idiot. You are just like every single other person that said the RROD wasn't a significant problem simply because you don't have it. While not as prevalent as the RROD, disc scracthing during normal operation is happening to more than a couple of people. Just because the problem hasn't happened to you doesn't mean that there isn't a problem.
Some 360's scratch disks during normal operation. I'm not talking about from moving the unit while it. DURING NORMAL OPERATION. Don't deny it because it hasn't happened to you. Agreed... the people that destroy their disks by moving their console during operation are idiots and shouldn't have a claim in this suit (although MS should install measures to prevent it from happening). You are correct... there are plenty of warnings and that's enough to exclude the idiots. And nobody's going to fund a class action due to such obvious user stupidity.
But those that have their disks scratched consoles DURING NORMAL USE, which does happen, should be entitled to compensation because while MS has a disc replacement policy for MS products ($20), it's bullshit. "Pay us an additional $20 to replace the disc that our machine defaced... or you can buy a replacement disc in a store at retail price." Like I said, it's bullshit.
And diskoboy and all others sharing the sentiments, you are idiots.
styphon @ Jul 19th 2007 10:58PM
I have had my Xbox360 for about a year and it has scratched the living crap out of some of my CDs. Not one or two scratches, I am saying complete circle scratch pattern that is 1/4 inch wide.
I wonder if I can join this =|
morganfell @ Jul 19th 2007 11:03PM
Wow, as if MS wasn't burning enough money:
http://www.gamespot.com/news/6175367.html?om_act=convert&om_clk=newstop&tag=newstop;more;2
For the year, the division suffered a $1.89 billion operating loss, a 47 percent increase from the $1.28 billion hit the division took the prior year. The shortfall came despite $6.08 billion in annual revenue, 28 percent above the $4.76 billion it took in the year prior.
Microsoft shipped--not sold--6.6 million 360s during its fiscal 2007, up from 5 million FY2006--when it wasn't on sale for nearly half the year. Its current installed base stands 11.6 million strong, the most of any of the latest crop of consoles. However, the company only shipped 0.7 million units in the April-June quarter, versus 1.8 million during the same period in 2006.
chamelean75 @ Jul 20th 2007 12:47AM
Damn, now I'm really glad I don't own an Xbox 360. If I'm gonna spend $400 on a game system, I want to actually be able to play with it for at least the warrenty. Eating up expensive games and getting RRoD aren't exactly things that I want to have on my plate.
Now if only the Wii's would be a little easier to get...... and the PS3 dropped down to $399....