MS sued over XBox Live outages

Claw Shrimp
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So a huge company actually admits they made a mistake and tries to compensate users for it, and what happens? Some dickwad decides that since MS admitted they did something wrong, they can sue over it.

And this is precisely why no one ever admits anything, ever, and we're utterly shocked when a company shows any sort of honesty.

NOTE: This is not a doodle bug.

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I don't really know what to say about it but the live outage is not that big of a deal compared to the failure rate, if anything should have been sued it should have been the failure rate,

This will be thrown out, I don't see it having legs in court.

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I'm still pretty damned annoyed by the entire Live performance issue thing.. but this guy's just stupid.

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LobsterMobster wrote:
Link
So a huge company actually admits they made a mistake and tries to compensate users for it, and what happens? Some dickwad decides that since MS admitted they did something wrong, they can sue over it.
And this is precisely why no one ever admits anything, ever, and we're utterly shocked when a company shows any sort of honesty.

Everyone seems to have their hand out.

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buffcorephil's picture
Location: United Kingdom

I *ahem* haven't actually read them, but sure the terms and conditions for Live explain that down time, outages, etc. are not something you can get your panties in a bunch about, legally. No doubt we've all agreed to let MS off the hook by accepting them when you sign up for your account initially.

I'm just happy they've publicly announced the problems and what they're doing about them, rather than denying everything. A free download as compensation will be nice, too -- though points or a month's credit would be nicer

*edit* from http://www.xbox.com/en-US/live/legal/:

Quote:

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.

17. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
You can recover from the Microsoft Parties only direct damages up to an amount equal to your Service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.

Now IANAL, but I'm agreeing with Lothar, can't see how this will get anywhere in court. All it will get is some publicity for these jackasses.

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Switchbreak's picture
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If you could be sued over an outage to non-essential services, every ISP and Cable company in the nation would be out of business. Hell, even essential things like the electricity go out from time to time, and they aren't held liable for that.

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buffcorephil's picture
Location: United Kingdom

Switchbreak wrote:
If you could be sued over an outage to non-essential services, every ISP and Cable company in the nation would be out of business. Hell, even essential things like the electricity go out from time to time, and they aren't held liable for that.

In a town about 30 miles from me, this happened recently:

Bridlington Free Press wrote:
AROUND 550 houses were left without electricity after a major power surge caused equipment to blow up in people's homes. Firefighters were drafted into Bridlington from neighbouring towns to tackle numerous blazes and one woman, who was trapped as fire engulfed her hallway, described it as "terrifying".

...Thousands of pounds worth of damage was caused to electrical equipment and properties on the New Pasture Lane estate on Sunday afternoon and some residents had to evacuate their homes because of the fire damage... The power went off in the New Pasture Lane area at about 5pm and although around 400 customers had their electricity restored quickly, 151 had to wait more than 24 hours.

...YEDL described it as an "extremely unusual incident" and spokesman John Bird said there would be a full investigation of the problem, which happened at a local sub-station. He said anyone without power for more than 18 hours would get a £50 payment from YEDL and said the firm would help people make claims with their insurance companies.

- From http://www.bridlingtonfreepress.co.uk/news/39It-was-like-a-war.3508811.jp

These people had all their electrical appliances -- think about how many things you have plugged in, and all the non-obvious electrics in your home: cookers, showers, central heating -- blown up, accidentally, and they might get £50 ($100) and maybe their insurance company, if they have one, will help out.

Buy hey -- I didn't get to play teh haloz last night! People really piss me off sometimes.

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LobsterMobster's picture
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Buffcore, you've got to wonder how many of those appliances were actually surge protected. Also, that's in England, right? Don't they send energy generated by invisible elves through magic crystals? Hardly parallels the power grid in the real world.

NOTE: This is not a doodle bug.

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Thin_J wrote:
I'm still pretty damned annoyed by the entire Live performance issue thing.. but this guy's just stupid.

Yeah, i'm pretty tired of XBL moving like mud but... Christ, can we call a moratorium on BS lawsuits for a month? A week?

Maybe it's me, but I can't imagine a Judge letting a lawsuit that seems to boil down to "I DIDN'T GET TO PLAY TEH HALOZ WAH" get far.

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Frivolous lawsuits like this are a dime a dozen. Frankly, the north american Tort system is nothing short of broken and a waste of everyone's time. It should be a hell of a lot harder to get cases like this to court.

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This is pretty much par for the course for MS. If someone thinks they've found an angle, they all head for what they think is the pot of gold. I remember one guy who sued because a piece of clipart in Publisher 2000 of a couple holding hands in a park was associated with the keyword "monkey bars" and since the couple was not white he was racially offended because he thought that meant they were calling the couple monkeys, rather than referring to the playground equipment behind them. I don't remember if he got anywhere with that or not.

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Dysplastic wrote:
Frivolous lawsuits like this are a dime a dozen. Frankly, the north american Tort system is nothing short of broken and a waste of everyone's time. It should be a hell of a lot harder to get cases like this to court.

The thing is, the media likes to report on suits like this being filed because it's sensational and gets people up in arms, but they never do followup stories on how many of them are actually dismissed before they go to court. I'll bet my hat that this one will be dismissed pretty quickly.

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I remember trying to login and getting all sorts of weird errors and such. I told my wife at the time that I wasn't surprised that on Friday evening during Christmas break that Live was getting hammered. Then I watched a movie with her instead. It didn't even occur to me that I should be looking for a handout. But I will enjoy the free XBLA game MS will be giving us anyway.

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Switchbreak wrote:
If you could be sued over an outage to non-essential services, every ISP and Cable company in the nation would be out of business. Hell, even essential things like the electricity go out from time to time, and they aren't held liable for that.

To be fair, though, if you call your cable provider and complain about your internet connection or cable being down, they'll usually comp you a day.

Dysplastic wrote:
Frivolous lawsuits like this are a dime a dozen. Frankly, the north american Tort system is nothing short of broken and a waste of everyone's time. It should be a hell of a lot harder to get cases like this to court.

Should it be? I can understand making it hard for the case to get into discovery or anything truly expensive, but I think everyone should be able to file a complaint if they feel they've been wronged. I think the real problem is the cost of lawyers on both sides.

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Quote:
I think the real problem is the cost of lawyers on both sides.

As a law student, I don't really see a problem here.

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wordsmythe wrote:

Should it be? I can understand making it hard for the case to get into discovery or anything truly expensive, but I think everyone should be able to file a complaint if they feel they've been wronged. I think the real problem is the cost of lawyers on both sides.

Indeed. The issue is that many people feel it's worth a shot, maybe even the corporation will just settle out of court to avoid a lengthy procedure that contributes to bad PR. I think the solution is not to make it harder to file these suits, but to have a harsh punishment imposed if they're found to be without merit, especially if they're continously filed by the same party.

I would think the first rule of PR is to ignore forum people, because they vacillate between crazy and liar. - Elysium

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If Live is so important to these people, I think the outcome of should be decided by a Halo 3 deathmatch.

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Mex wrote:
If Live is so important to these people, I think the outcome of should be decided by a Halo 3 deathmatch.

That may turn out to be costly, because you would have to bring everyone to one place for a LAN so they could connect.

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Indeed.

Hell, someone on a forum linked to a comic that made sense and was even kinda funny. 2008 is gonna be a good year!

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Mr.Green wrote:
...was even kinda funny.

That pretty much sums up Ctrl-Alt-Del, too.

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I hope MS doesn't settle...they will, but I really hope they don't. Nothing would please me more than to have their lawyer gouge the hell out of them for money and have the judge throw the case out. Then while I am playing my free downloadalble game from MS they wont be able to pay their electric bills which in theory would speed up my xbox live.

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Mr.Green wrote:

Indeed.

Hell, someone on a forum linked to a comic that made sense and was even kinda funny. 2008 is gonna be a good year!

I must be dense. It's not the body that's coming up with the obnoxious behavior. If you put it in another 'non-abusive' body, it's still the same dumb ass brain in a different meat sack. Problem not solved.

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CrashedHardrive wrote:
I hope MS doesn't settle...they will, but I really hope they don't.

You think they have all those lawyers on retainer so's they can give money to yahoos who bring dumbass lawsuits like this forward? I disagree.

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Mr Crinkle wrote:
CrashedHardrive wrote:
I hope MS doesn't settle...they will, but I really hope they don't.

You think they have all those lawyers on retainer so's they can give money to yahoos who bring dumbass lawsuits like this forward? I disagree.

It happens all the time with big companies. Sometimes the extended period of bad press that a court battle seems to illicit is not worth the money they would shell out if they settled...hence a lot of companies settle due to cost benefit analysis.

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Elysium wrote:


I want to make babies with Diablo III.

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CrashedHardrive wrote:
Mr Crinkle wrote:
CrashedHardrive wrote:
I hope MS doesn't settle...they will, but I really hope they don't.

You think they have all those lawyers on retainer so's they can give money to yahoos who bring dumbass lawsuits like this forward? I disagree.

It happens all the time with big companies. Sometimes the extended period of bad press that a court battle seems to illicit is not worth the money they would shell out if they settled...hence a lot of companies settle due to cost benefit analysis.

I think you are overestimating how big this case really is.

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Jayhawker wrote:
CrashedHardrive wrote:
Mr Crinkle wrote:
CrashedHardrive wrote:
I hope MS doesn't settle...they will, but I really hope they don't.

You think they have all those lawyers on retainer so's they can give money to yahoos who bring dumbass lawsuits like this forward? I disagree.

It happens all the time with big companies. Sometimes the extended period of bad press that a court battle seems to illicit is not worth the money they would shell out if they settled...hence a lot of companies settle due to cost benefit analysis.

I think you are overestimating how big this case really is.

Perhaps...

Only time will tell!

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Elysium wrote:


I want to make babies with Diablo III.

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Grumpicus wrote:
http://www.engadget.com/2008/01/14/lawsuit-forces-microsoft-to-stay-mum-about-xbox-live-status/

one of the comments on the article wrote:
If you can't take a day or two of downtown(downtime) in the busiest season of the year then A.) You don't understand how massively difficult it is to run a service like Live (from a technical standpoint) and B.) Your mother probably hates you (if I were to venture a guess).

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The pending lawsuit is just a convenient excuse.