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[News] XBox 360 Class Action Lawsuit Against Microsoft

Class Action Lawsuit Filed Against MS For Bricked 360s

,----[ Quote ]
| According to Gamespot, the suit seeks a minimum of $10 million in
| damages, depending on how MS decides to defend itself. 
`----

http://www.kotaku.com/gaming/law/class-action-lawsuit-filed-against-ms-for-bricked-360s-220250.php

That companysure gets sued, but it's well overdue. What about all those
broken XBoxes (see below)? Could this be generalised? Can Microsoft be held
liable for Windows patches that break the system and require a
reinstallation from scratch?

An article in Groklaw once suggested that Microsoft can legally also be held
liable to the damage that results from poor and insecure software (I'm
appending links to support this claim).


Related:

Numerous Reports, November 30 Xbox 360 Update Is Bricking Consoles

,----[ Quote ]
| Some consoles are being bricked by Thursday's dashboard update.
| Issues range from freezing, red ring of death and VGA adapterm
| alfunction. Microsoft isn't acknowledging the issue and billing
| $140 for repairs.
`----

http://digg.com/gaming_news/Numerous_Reports_November_30_Xbox_360_Update_Is_Bricking_Consoles


Update brick your 360? Speak up

,----[ Quote ]
| Since yesterday's update, there are numerous reports about 360s
| being bricked. Some people suspect that this is being done by
| Microsoft intentionally to stop modders and hackers. Xbox Scene
| thinks it has more to do with certain combinations of hardware
| and firmware.
`----

http://www.xbox360fanboy.com/2006/11/01/update-brick-your-360-speak-up/ 


Autoupdate killed my 360!

,----[ Quote ]
| I was fine yesterday gaming with the VGA cable but after getting
| the autoupdate today, I get a black screen. Does Microsoft test
| these things? My connection to the TV didn't change yet its
| screwed. Thanks for nothing Microsoft.
`----

http://forum.teamxbox.com/showthread.php?t=489979

The Secret Failures of Microsoft

,----[ Quote ]
| There is no choice involved; even most Linux users are forced to pay for a
| Microsoft license in order to obtain a brand name PC.
|
| [...]
|
| They are bound to an oath to swear allegiance to Windows XP Professional,
| and must never mention Linux and Windows in the same breath. If they step
| out of line in any way, Microsoft dramatically raises their OEM licensing
| fees and sends them to indoctrination camp, where they face chairs being
| hurled at them by angry monkeys.
|
| [...]
|
| Why do Windows enthusiasts exibit much hostility to an obvious fact?
| Because if they admit that 80% of the company's revenues come entirely
| from an OEM tax, and not from any choice on the part of consumers...
|
| [...]
|
| Microsoft's decade of investments in WinCE and Windows Mobile
| Smartphones have only barely matched the market share of Palm, which
| itself is a run down company out of ideas. Microsoft couldn't
| out-maneuver the incompetent Palm within a decade of trying; now both
| are ineffectually fighting over the dying PDA industry while Linux and
| Symbian slaughter them in the smartphone arena:
|  
| Symbian 75%; Linux 14%; Microsoft 5%; Palm 5%.
|
| [...]
|
| (many more failures listed)
`----

http://www.roughlydrafted.com/RD/Q4.06/2E6D9BB2-FE1B-4556-8389-67BD581FBCCC.html


Insurance firm sues Microsoft over Xbox house fire

,----[ Quote ]
| Allstate alleges Microsoft is responsible for all loss, damage and injury
| and was negligent in proving an Xbox with defects.
| 
| Allstate is demanding Microsoft shell out $250,000 to cover the
| insurance costs on the house. The case was filed in a circuit court
| for Prince George's County. An earlier case, linked below, was
| settled between the Weatherfords and Microsoft last year.
`----

http://www.theinquirer.net/default.aspx?article=34902


Gamers Say Microsoft Understates Xbox Problems

,----[ Quote ]
| An insider from Electronic Arts, Inc. is saying that the failure rate
| of Microsoft's Xbox 360 gaming console is actually ten times higher than
| what Microsoft spokespeople have admitted.
| 
| Game Daily BIZ, a gaming industry publication, reported that the
| anonymous source tallied that of the 300 consoles EA has received,
| 30-50 percent of them have failed.
`----

http://www.consumeraffairs.com/news04/2006/08/xbox_gamers02.html


Lawsuit blames Xbox for house fire

,----[ Quote ]
| "We feel positive it came from the Xbox," said Doug Allison of
| Corpus Christi, a lawyer who filed the suit against Microsoft and
| two other defendants.
`----

http://www.mysanantonio.com/news/metro/stories/MYSA112506.01B.xboxsuit.30e0b7a.html


So my cousin from Microsoft called

,----[ Quote ]
| Erhmm... My cousin just called who works for Microsoft and was on the
| xbox 360 team. He said first generation xbox 360's are having a SERIOUS
| over heating issue and they might be recalled sometime next week. The
| recall is being considered because the overheating can cause a short,
| resulting in a fire.
`----

http://chris.instantspot.com/blog/index.cfm/2006/11/24/So-my-cousin-from-Microsoft-called


Gamers Say Microsoft Understates Xbox Problems

,----[ Quote ]
| An insider from Electronic Arts, Inc. is saying that the failure rate
| of Microsoft's Xbox 360 gaming console is actually ten times higher than
| what Microsoft spokespeople have admitted.
| 
| Game Daily BIZ, a gaming industry publication, reported that the
| anonymous source tallied that of the 300 consoles EA has received,
| 30-50 percent of them have failed.
`----

http://www.consumeraffairs.com/news04/2006/08/xbox_gamers02.html


How Much is Too Much?

,----[ Summary ]
| Microsoft says it will stick with Xbox. But with years of heavy losses
| behind it, the pressure's on for the gaming division to make good
`----

http://www.businessweek.com/innovate/content/oct2006/id20061013_283856.htm?campaign_id=rss_topStories
http://tinyurl.com/yxdr4j


Microsoft stoic despite massive losses

,----[ Quote ]
| If you were to judge by the PR rhetoric, you'd think the 360 was
| an unstoppable commercial juggernaut. As usual though, PR lies.
`----

http://www.gamerscan.com/articles/06/10/09/microsofts.massive.losses/


Xbox Live Outages All Over US?

,----[ Quote ]
| In any case the outages do not seem to affect everyone although I can
| say 2old2play has already received 6 emails, 5 PMs, and several blog
| posts about the outages. One such blogger was told by a service rep that
| he was "experiencing a temporary service outage bubble in his area."
| Apparently the rep had received several similar Xbox Live error codes
| that day, but could not say why. 2old2play is currently trying to contact
| Microsoft for a comment and we'll update this page as we receive word.
`----

http://www.2old2play.com/News/Xbox_Live_Outages_All_Over_US_


Problems with the VOD Marketplace:

http://forums.xbox.com/8344527/ShowPost.aspx
http://irsonic.spaces.live.com/blog/cns!A8B5EFD3F889BC00!116.entry


Xbox 360: The One Year Retrospective

,----[ Quote ]
| How has Microsoft's early bird console performed? Where have we come
| in one year's time? IGN takes a look back.
`----

http://xbox360.ign.com/articles/747/747459p1.html


XBox 360 cracked

,----[ Quote ]
| ...the new patch is said to boot 'Xtreme' XBox 1 and 360 backups, works
| with originals, and will boot 'all' XBox 1 discs on the 360. If it works
| as advertised, it is quite the coup, but it may turn out to be a near
| miss like the last few...
`----

http://www.theinquirer.net/?article=31703 


Microsoft Hides Its Mobile and Business Apps Divisions

,----[ Quote ]
| The company is folding its two worst-performing divisions -- Microsoft
| Business Solutions (its business applications unit) and its Mobile and
| Embedded units -- into the Microsoft Business Division and Microsoft Home
| and Entertainment units, respectively.
`---- 

http://www.microsoft-watch.com/article2/0,1995,1990243,00.asp?kc=MWRSS02129TX1K0000535



        On liability for security issues:


Malware wars: Are hackers on top?

,----[ Quote ]
| The money made from malware is eclipsing the revenue of anti-virus
| vendors, a leading net security vendor claims. Raimund Genes, CTO of
| anti-malware at Trend Micro, cites FBI figures that IT security
| problems cost the economy $62bn last year against IDC estimates
| that the anti-malware market was worth $26bn in 2005.
`----

http://www.theregister.co.uk/2006/12/05/malware_trends/


Study: Billions of dollars spent on security

,----[ Quote ]
| Large U.S. businesses will spend $61 billion on security by the end
| of this year, representing 7.3 percent of total IT budgets in the
| country, according to a new report from Info-Tech Research Group.
`----

http://news.com.com/2110-7350_3-6135989.html?part=rss&tag=2547-1_3-0-20&subj=news


US lost $8 billion to computer crime

,----[ Quote ]
| Consumer reports' latest "State of the Net" survey has revealed that
| US punters lost more than $8 billion over the last two years to
| viruses, spyware and con tricks.
` ^^^^^^^^^^^^^^^^

http://www.theinquirer.net/default.aspx?article=33554


If Only We Knew Then What We Know Now About Windows XP

,----[ Quote ]
| You can think of Windows XP as a house with a second floor built of
| spackle, wood filler and duct tape.
`----

http://www.washingtonpost.com/wp-dyn/content/article/2006/09/23/AR2006092300510.html?nav=rss_technology


Microsoft Windows: Insecure by Design

http://www.washingtonpost.com/ac2/wp-dyn/A34978-2003Aug23?language=printer


Why Windows is a security nightmare.

http://www.smh.com.au/articles/2004/05/21/1085120110704.html


The Structural Failures of Windows

http://www.theinquirer.net/default.aspx?article=15305


Security Report: Windows vs Linux

,----[Executive summary ]
| Finally, we also include a brief overview of relevant conceptual
| differences between Windows and Linux, to offer an insight into why
| Windows tends to be more vulnerable to attacks at both server and desktop,
| and why Linux is inherently more secure
`----

http://www.theregister.co.uk/security/security_report_windows_vs_linux/


The Gotcha on that MS License on the Office 2007 "Giveaway"

=== Begin quote ==

    "The cost of these steps could reduce our operating margins. Despite 
    these efforts, actual or perceived security vulnerabilities in our
    products could lead some customers to seek to return products, to reduce
    or delay future purchases, or to use competing products. Customers may 
    also increase their expenditures on protecting their existing computer 
    systems from attack, which could delay adoption of new technologies. Any 
    of these actions by customers could adversely affect our revenue. In 
    addition, actual or perceived vulnerabilities may lead to claims against 
    us. While our license agreements typically contain provisions that 
    eliminate or limit our exposure to such liability, there is no assurance 
    these provisions will be held effective under applicable laws and 
    judicial decisions."

Ah, from the horse's mouth: Microsoft just might be held legally responsible
for selling software that is insecure. 

== End quote ==

http://www.groklaw.net/article.php?story=20061122235224396

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