Xbox Live class-action lawsuit lawyer speaks

Not if that contract specifically states they can not guarentee or be held responsible for loss of service.

If I write up a contract that states I'm going to play my friends character every day for four hours a day for the next three years and be paid by him 300 dollars a week. Then include a clause that states that I can guarentee I will actually be able to meet that obligation and will not be held acountable then he is going to be required to pay me for the next three years regardless of whether I perform those duties or not. Now he may not be happy with my service and can cancel the contract, in which case he is in breach and needs to pay my nice little cancellation fee or he can choose to not renew the contract.

As a consumer you have that right as well. You can cancel your xbox live account if the price isn't worth the quality of service. You are choosing their service they are not choosing you. Now if they see a large amount of individuals leaving they may then take note and look at improving those services... if they choose...

I would have to take the stance of saying that it was right for them to make the lawsuit, because it does force MS to call attention to the problem in a way that they would not do if it weren't a lawsuit (which, while $9 million is no big deal to MS, the PR from a suit is the real bad news)

However, i don't think they should win. They are right to give their grievances proper airing, and a suit does that, but they are not, really, in breach of contract according to the EULA/TOS

Moospot is right. Any amount spent on defending against this class action will get passed on to us. And should the courts find that MS should pay out this $5,000,000, the only people who will see the money are the attorneys. The rest of it will get handed out in small, $1 to $5 coupons or some sort, and most Live users will have to prove they paid for the service and had issues, which will cost us more than the amount we will get in return. The attorneys could get 30 or 40%of the money, while we get a $5 coupon, and have to spend time and money to prove we really paid for Live. It is insane, especially since the TOS states no guarantees.

people are assholes...thats all there is to it

i did the the and if they want to be compsinated for there 3 weeks they lost it costs 14 cents a day which times 21 days is $2.94 microsoft should cut them a check for that and tell them to get the hell out. im more than happy with a free game.

When do we get this free game again?

BAWWWWWWWWWWW I COULDN"T PLAY GAMES QQ

I love how all of a sudden everyone is a lawyer.

Lawl all this tells me is when I get my Sex box not to buy the service this has actually been a really informative story for me, since my b-day is coming and I might get this as a gift.

this isn't your phone or cable company, where you get billed AFTER your months worth of service. MS has already been paid for not one, not two but anywhere from three months to a year for their service.

as a consumer, when you're locked into a subscription of that kind where you don't have the option to take your money back and walk away after spotty service, yea you damn well have the right complain because that's money being flushed down the drain. the fact that Live has been running for over five years now only makes these problems more intolerable.

you don't charge consumers three months to a year's worth of service and not expect them to get pissed when it goes bad for this long and all you get from MS is "we're working on it, here's a cookie now go away".

i don't care about the outcome of this case either way. what's important is the message sent: you take money upfront from consumers for a service you advertise as 24-7, you better deliver.

first time in awhile Fernando didn't post...something wrong?

You guys should really add "Eventually" to that section about receiving a free XBLA game.

Intentless is correct that you can end your service with MS and get prorated back the amount you did not use for that year. In the grand scheme of things, this is worthless lawsuit and I would rather all 5+ million people hit Major Nelson up for points towards a free XBL game then waste time with this suit.

This is a hit and run case. The lawyers are expecting MS to pay the 5 million and be done with the case. 5 million is like 5 bucks in Bill Gates pocket. Letting the case go on and casting doubt on the service and it's quality can be more damaging then actually winning the case. The lawyers know they have no case but they are willing to drag this thing out in court hoping MS will settle they they can get paid. You can believe that the lion share of this suit will go to the lawyers and only pennies will actually go to any Gold subscriber.

TOS or no, Is MSFT really in a position to treat the customers like this? I actually hate my XBox now. I only played online games and it sits there useless collecting my monthly fee for a service that does not work. Are a lot of us still not able to use live?

Amen. http://www.xboxlivesucks.com

Can I sort of change the subject here for a second?

Some of you are being extremely short-sighted,
"This type of thing does not happen every time someone's ISP's or television provider's service gets spotty,"

SPOTTY? Please define 'spotty'? What? You mean like a few minutes? Hours? Maybe a day?

HOW ABOUT 2 SOLID FRIGGIN WEEKS?? So if your ISP went out for 2 weeks, you wouldn't feel the need to be compensated?

But let me explain in more detail. Unlike other outraged Live players, my problem wasn't that I could play Halo 3 online... I couldn't play Halo 3 PERIOD.

Because, for the UMPTEENTH time, my profile/Gamertag got corrupted. With a bad profile:
1. I can't go online
2. I can't load ANY saved games, online or off, because the saves are tied to the profile. No profile = No save loading
3. All my arcade and purchased downloads, since the ownership is TIED TO THE PROFILE, can't be used

But hey, that's ok. I'll just do the Gamertag recovery and download my pro--- oh wait. Xbox Live is down.
Well let me try it again later. Hm. Still down.
Let me try again later. Oh. Still down.
Let me try again at 3:30AM in the middle of the night...
"Xbox Live Sign-Up Is Currently Unavailable".

Well let me call Live Support... they say,
"Try again during less traffic times"
"What, like 3:30 in the morning?" I ask.
"Yeah", they reply.
"I tried that like 15 times last night".
"oh," they state solemnly, then after a small pause,
"FIFTEEN times? Oh...um... hold on..."
A few minutes later,
"We apologize for the inconvenience, but you just have to try again...".

Bastards.

So yeah... some think 'spotty' connection is no big deal, I agree. Try having your stuff locked out for 2 weeks straight with no technical solution and see if you feel the same way.

By the way, I think the lawsuit is ridiculous if you ask me. I say that after having 2 red rings of death, countless corrupt profiles (which I'm beginning to suspect might be a defective hard drive), and a 2 week outage during 2 of those corrupt profiles... the last one resulting in all my save files mysteriously being deleted. That's right... all my games. Horrible.
But I wouldn't sue... MS has one last chance in my book (and only because of Mass Effect!)... one more f-up like this... hello SONY! And that's the worst thing anyone at MS could ever hear... worse than any stupid lawsuit.

"I have trouble believing this post. Mine works fine and I am ble to get online - so the collecting dust argument is a bit extreme to me"

Wow, are you serious? Wait--- wait--- you can come here and read these posts, but you can't go to the Live Forums and read the same things? You mean you didn't see the apology letter posted by MS about the service outage? You think we're all making this up? That is incredibly ridiculous and self-centered of you.

"I don't have AIDS or cancer, so I doubt anyone else does. that's extreme".

I'm offended because while I'm happy for you and don't wish for you to have any problems, as a fellow gamer and Live member, you should be supportive and sympathetic. Why? Because if it DOES happen to you, you're going to want someone to back you up. This is why MS doesn't take any complaints seriously because for every person that gets totally f***d, there's 3 more that sit around and say, "So? Go outside or something". Whatever. Even the people with ZERO problems should be concerned... or if you have zero problems, then continue on as normal, but don't try to discredit those with legit problems.