Microsoft Sued for Xbox 360 Problems

By Ed Oswald | Published December 5, 2005, 2:36 PM

Microsoft has been sued by a Chicago man who bought the company's new Xbox 360 game console over alleged overheating and lockup issues. The suit, which asks for class-action status, accuses Microsoft of rushing to market a flawed system to ensure it beat competitors Sony and Nintendo to the punch.

According to Reuters, the suit seeks damages and litigation related expenses, as well as a replacement or recall of Xbox 360 consoles.

To its defense, Microsoft said the issues with the new console affect less than three percent of all units sold, which is lower than the average rate of defects for newly released electronics, according to analysts.

However, within days of the console's launch, complaints surfaced across the Web citing the problems listed in the lawsuit. According to Robert Byers, the man responsible for filing the suit, the power supply and CPU are prone to overheating, thus causing the lockup problems.

Posts on gaming sites indicate the problems occur during regular use and also while logged into the Xbox Live online gaming service. The errors appear on a black screen listing several error messages, affected gamers have reported.

"It's my understanding that Microsoft hasn't acknowledged a major problem, and I would say that it's just too early to tell if there really is one," explained Jupiter Research senior analyst Joe Wilcox. "Not that it matters. The perception of a problem is serious enough for Microsoft to swiftly act to mollify early Xbox 360 users."

According to Wilcox, Microsoft "confirmed a liberal repair policy, for which the company will pay overnight shipping both ways."

Comments

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microsoft is so dumb they released the xbox 360 way to early and are now getting sued they should just recall all consols and fix them or give all users refunds ps3 will be so much better

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If you guys think that Microsoft, with all of their testing, didn't find know about this problem before they released their console prematurely then you need a lesson on economics. MS obviously wants to gain market share from Sony so they released a product that they knew was faulty because if they chose to fix it first, they would have had to wait until after Christmas and that would have meant fewer units sold. I read a comment in here that the guy who's suing is probably from Sony, I wouldn't doubt it. Sue MS to give their system bad publicity. This war over the video game console market involves a lot of money and we all know the extent that MS is willing to go to gain market share so why are we all content to just go along with the program. I didn't get a chance to buy an Xbox360 but if I spent 400 or more for it and a few days later it froze, I'd be pissed especially if they knew about it and it's naive to think that they didn't.

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It's amazing what people fight for in life. Life is simpler than what people make it out to be. It can be much more wonderful if people actually fought for things of importance. We won’t really find out how many of these consoles are really bad until after Christmas when everyone opens and plays their XBOX. Of course this is about money and notoriety and nothing else. “Look at me I'm the man that took on MS.” Who cares! I'm quite sure he bought something in his lifetime that didn't work the way it was suppose to and returned it for his money back or got it repaired without resorting to suing. If he didn't get a warranty with his product then I stand behind him. No matter how much companies test a product they can't prepare for everything that is to come, hence that why warranties were created to protect the manufacture. For the companies that gets it right the first time great but for the ones that don't the consumer is the true quality and assurance tester. Everything that we buy legally has a manufacture's warranty coming with it, not to mention a return policy from the store. If your Xbox doesn't work use one of the two option stated above. Case closed and headache gone.

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I own a 360 I purchased it the night it launched.. all seems well no problems with power supply... However Im not usually suprised to see the "daily Crash" BS! I demand SP1 or a recall this is rediculous for the money I spent!

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My husband got his xbox on a Tuesday and by Sunday it started freezing. We sent it back and they sent us a new one. We received a new one and when it arrived on Friday it worked but it froze once while my husband was online, and Sunday it froze up on me once. So we unplugged it and it worked. So today 12/13/2005 it froze, stopped in the middle of my game, and when I waited a few minutes and turned it back on, it came to a black screen. I am sending it in again to see what the problem is. If the same thing happens, I am going to get my money back. The system is not around anything, it is well ventilated, so I don't know why it keeps overheating or acting up.

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In order to decide who's right in this case, MS or this guy, you have to think about what this lawsuit will accomplish. We are at the mercy of giant corporations everywhere. They control the TV networks, the newspapers and more facets of our lives than you would care to know. I doubt this guy wants to take this class action for personal monetary gain. A corporation is not human so the only way to hurt it is in the bottom line....money. I think this guy should be commended for going to bat for so many of us who don't have the cojones. MS did try to rush an inferior system to market before it was ready because they did want to beat the holiday season and their competitors and they should pay for it. Why should I have to send my brand new Xbox to be fixed only to get it back 2 months from now (after they have my money I might add) instead of just waiting until it's ready to be released. When is the right time to do something about it, when it starts overheating and catching fire and burns down people's houses. The point is, it's all about money nowadays with corporations and we're the ones paying so we should get what we pay for. MS knew there were potential problems with this system but they just wanted it out there for Christmas. We should be happy that we have a guy on our side. Remember Ford,they knew they had a problem with Pintos catching fire but it was more expensive to recall the vehicle and fix the part than it was to just settle the lawsuits brought on by people whose family members had died. That was until someone figured out what was going on and took Ford on head on and hit them hard in the place where it hurts corporations worst....the financial statement. Don't be so naive people.

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anybody that has a Overheating system......are you RETARDED xbox360 doesn't come with a freakin' RADIATOR....SO for all you people that can't turn your system off every hour for 15mins. take your RADIATOR out of your car and figure out a way to hook it up to yer 360.....PROBLEM SOLVED!!!!!!!

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I think that turning the system off every hour for 15 minutes is a good idea... Too bad there are people around that'll play forever, and think the system and their bodies can keep up.

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I am sorry but I don't usually play video games but my husband and kids do, this is the second time that my xbox has froze and it was unplugged all night and on top of a table, no heat was getting too it and the next morning it I plugged it in and about 10 min. later it froze up. So does that mean that I am retard because it froze or is there a problem with my xbox. This is the second one we received and I am sending this one back if the next one freezes up I am getting my money back. I don't have a problem with xbox or its gaming system, but I dont think your comments are appropriate when it comes to other people's money and property.

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...

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Well alot has been said on this topic, so I don't want to repeat too much of what has already been posted. Granted, MS isn't my favorite software company, with its wonderful track record and great example as "leading" OS software and such (i love that Bill Gates demonstration with the blue screens and crashes of his products), but this lawsuit is outrageous.

I'm not an MS hater, a PS fanboy, an Xbox fanboy or anything. In fact, the only product I have related to those three is a PC running on XP Pro. I've had my fair shares of BSOD, crashes, freezes, but I don't jump the gun immediately and go sue them. NOTHING is perfect, you can expect pretty much anything to have some sort of problem: large or small or both. They have provided pretty quick service from what I've heard (I'm like many others that pre-ordered in the summer that are still waiting for their Xbox 360s) and free delivery. I'd take that anyday.

Yes, IMHO I do think the console was rushed for the holiday season, supply hasn't met demand, and the product is flawed, NOT defective (maybe some, not many cases, yet). As a consumer, yes, I'd be mad if my 300-400 dollar system crashes, but there are ways to fix these problems. If all your attempts to alleviate the problem don't work and you call the 800 number and they OFFER to fix it as quick as they can, what's your problem? Do you even realize that so many people out there that want the system so badly still don't have access to one?

Some companies tell you 2-4 or even 6-8 weeks for a repair or replacement, this is freakin overnight. Yes, they may have screwed up and sold alot of faulty systems, but they are attempting to fix it, and quickly to boot. And I think that about 50%, probably more, did not read the manual or just barely scan it, hell some probably didn't even open the plastic bag that it's probably housed in and went straight to plugging their console into a TV to start playing. In the end, that's consumer and manufacturer fault. Consumer side for not being responsible on your behalf (guides are there for a reason unless it's a half assed one that only states manufacturer name and product model, etc.) and manufacturer side, in this case, for not having a good standard for their product(s) (PSU and such). It's their responsibility, their name is on the product, no one's credibility is on the line except for them, for making poor judgement.

I've been in a car accident where my jaw was shattered and minor memory damage and had to wait 4 years to have it settled due to the other guy's insurance being stiff. Now that's pain and suffering and cause for a lawsuit. Suing because your game system isn't working when there are options to fix the problem, that's just an attempt to make money.

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Very well put. Although XP isn't all that bad if you know what your doing.

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i agree with you becouse it just aint ms having problem it is also sony becouse juist as im writting this in fact my ps2 is in frozen state it happens ever time i play dvd's but it is ok eventually and the same goes for ms what ever happens if it is still playable doent worry and definatly have breaks

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ohh im luky becouse i went and pre ordered at comet and they make a mess up and then said i wont have it till after christmas but lukely today they phoned back and said i will have it on thursday 21 and i am so glad i can finally play on it on christmas but i will have a quick go of it on thursday to see if it works i am so exited.

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The US Government should fine Microsoft $360 million for selling a defected product.

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Hmmm...he has an xbox360, they're offering to fix it cos it's broken. What more do you need????????

Oh, it takes a few days to have it repaired? Tough! Some people won't even be able to get a 360 'til next year. Think yourself lucky.

Just another stupid American after the $$$$$$.

(For the first time ever, I hope MS wins. Go MS!)

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yeah its cool they are gonna fix them cuz they should... but seriously i was outside freezing my a** off and paid $600 for the console, 2 games, and a faceplate so I would hope that it would at least work. I don't know about you but I wouldnt want to buy a car then have to bring it into the shop a week later.

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I cannot believe this stuff - in my part of the world (Australia), if a product of any kind is faulty, you simply take the 'beast' back to the retailer and either get a refund or exchange - the whole concept of getting all teary and weepy and starting a class action is absurd - Monty Python is an insufficient construct to deal with this sort of nonsense. How much economic waste (ie unproductive $$) do you think that wankers like this add to the manufacturing economy (and lawyers' bank accounts) of the world because of this type of nonsense?? Consumers need to 'get a life' - when did a bit of dodgy games software or a soft iPod nano screen cause the world to stop??

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Honestly? I think that Robert is just out for some $BIG BUCKS$ - Microsoft is providing FREE exchanging/repairing, PLUS shipping overnight. What more can they do? Burn all their X-Boxes, apologize, and become monks? Puh-leaze.

Again, this guy just needs to grow up. I can understand how he feels, but if he has a complaint, he can contact Microsoft. Simple as that.

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Image yourself playing 48hrs non-stop, without saving (not sure if it has auto-save), and all of a sudden----it overheats and bsod.

The console would have gone out the window if I were to own one and have this problem.

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If you were to play 48hrs non-stop without saving...please throw yourself out of the window with the console.

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LOL seriously!

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Game manufactorers recommend frequent saving. Say, once every half hour.

BTW. 48 hours non-stop? Yikes. Do you want to kill yourself or something?

Take a break every hour for 15 minutes.

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i agree with you fully and anyway microsoft did'nt no it at first i heard it has 1700 pieces no wonder there are mistakes microsoft are doing things free and he is taking advantage i hope microsoft sues him for wasting there time when they are doing everything in there power to stop the problems i am getting one on thursday 21 i cant wait.

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Welcome to the US of A. Land of the law-suit. Don't step out your front door - the grass you step on might deprive a gardener his job. :P

You'd have to be an idiot to think Microsoft would release anything without bugs, these days. Perhaps while we allow these lawsuits, we also need to classify these people as legally stupid. They clearly need protecting from themselves.

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gg microsoft!

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I'll have a printout of the documentation (if any) tomorrow.

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Enjoy reading the manual here
http://svartifoss2.fcc.g...8&native_or_pdf=pdf
I like page 2.

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"Do not use the console in smoky or dusty locations. Smoke and dust can damage the console, particularly the DVD drive."

lol...See, this is why smoking is such a nasty habit. :P

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I personally think this is a fault on Microsoft's and consumers side. You can call people stupid for not being buyer beware. Come on though. Do you really think people are going to understand the concepts of overheating and locking up. Majority of these people are not that tech savy. They just buy these things and expect it to work. Just wait till the kids open their presents. I agree though about waiting to buy something in order to see how it turns out.

MS is selling a consumer product and they should have considered the possibility of their consumers putting them in tight spaces and/or very warm rooms. This is bad quality assurance and not enough testing has been done to consider for all types of consumer handling.

I don't own one personally so I am not aware if the Xbox 360 documentation specifies putting it in an environment with enough breathing room and/or a minimal temperature. I am sure it mentions something like this somewhere in the booklet. This is where it bites the consumer in the butt and makes them look stupid and even more angry cause they are basically called morons for being illiterate.

But my point is that regardless of breathing room and overheating this stuff should had been tested in and out to the extreme. This rushing for the holidays on MS's side has caused them to be bit in the butt themselves. Not only they have to spew money on a ridiculous greedy mans lawsuit but they also have to handle the recall and fixing of their products.

Cha-ching!

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Alot of people said this kind of crap when the Playstation2 first came out. This guy is nothing more than a Microsoft hater with way to much time on his hands.

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Exactly.

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The 360 is supose to get hot, most of th e people seem to no tknwo this and think that there is a problem when it get hot. This is stupid as i said before. someone should sue this guy for stupidity.

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Yup, just like I should sue people trying to destroy Christmas! They are messing with the 80% of America who celebrate it every year. We out number you. Until you out number us, then we will bend.

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Merry Christmas.

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203+ Comments. Maybe that says something about this lawsuit...

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Nothing really, one way or the other, other than it seems to generate a lot of talk.

As to whether any of it is informed or not is beyond just a count of posts...

Look at slashdot for chrissake...a topic of 482 posts gets slimmed down to a mere 127 when browsed at a threshold of 3. @ 5 it goes down to a shocking 82. 17% of the posts are either informed, interesting, or mildly amusing. The rest are trash.

Just sayin'...

[Edit]
Extrapolate that based on the same percentage, and 35 of these 208 comments here might be considered usefull, the rest rants, uninformed, or off-topic BS.
[/Edit]

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why am I not surprised!!!!!!! Thats really typical of Microsoft.

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You're absolutely right. It's very typical of MS to be sued by a genius that can't understand a simple concept like heat.

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Is Sony or Nintendo spearheading this suit, even though it's a so-called "Chicago man"? Only lawyers profit from class action lawsuits, or companies trying to make other companies look bad.

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And there was an ambulance chaser stupid enough to take this case.

Microsoft is trying to take care of the problem better than other companies have done in the past.

Sony denied there problems for how long, before agreeing to fix it.

Reports are showing 55% of the units returned are completly fine people are being idiots sending in there units in case it has a problem! WOW

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"Sony denied there problems for how long, before agreeing to fix it."

Um, Sony released a fix, recall, and an offer to replace the Music CD the next day. Sony also asked stores to remove the CDs from shelves and send them back, alot of stores ignored the request. Sony did what they could.

"Reports are showing 55% of the units returned are completly fine people are being idiots sending in there units in case it has a problem"

Where are you getting that info from? Just Curious.

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NEXT DAY HAHAHAHAHA.. dude please Sony Rootkit problem is a battle you will never win. you cant defend something like that.

Small derail.

Sony was notified by F-Secure 1 month before Sysinternals made it public that they found a rootkit and that it was a security liability. Sony sat on F-Secure and asked them to keep it hush hush.

3 weeks passed after Mark from Sysinternals broke the story before sony acknowledged the problem and issued what u state above. However it is THEIR RESPONSABILITY to get those cds from the stores.

back on topic.

If you are giving Sony this much breathing room, when they have yet to appologize, and you are crusifing Microsoft for their efforts in fixing the problem. It is obvious to anyone with more than a 2 digit IQ that you are a sony fan boy or a MS hater. Maybe both

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"If you are giving Sony this much breathing room, when they have yet to appologize, and you are crusifing Microsoft for their efforts in fixing the problem. It is obvious to anyone with more than a 2 digit IQ that you are a sony fan boy or a MS hater. Maybe both"

WTF Are you talking about? Stop with the assumptions!

1. I wasn't bashing M$
2. I'm not backing up sony, just stating what I have read

"Sony released a fix, recall, and an offer to replace the Music CD the next day"
^ Next day as in "The next day after the issue was publicly discovered"
Didn't know I had to spell it out for you.

I think you need to Re-read my post before you start flaming.

Also, How do we know these aren't problems M$ knew about? (if you wanna get on THAT subject)

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What is publicly for you? Sysinternals made it public Oct 31. On Nov 3rd they made available a declocking patch and denied it was a problem, also chiming the now famous phrase "Most ppl dont know what a rootkit is, why should they care about it?". November 15th two weeks after the issue was discovered, they issued the recall, and mailin exchange program.

you can check the chronology at www.sysinternals.com on marks blog.

Compare that to two days after the issues with the 360 were discovered, microsoft acknowledged it, and declared the free overnight mailin fix.

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Sysinternals made it public on November 1st.
http://www.sysinternals.com Marks blog.
First patch released November 2nd (the one that Made things worse)
This was posted on Betanews
Recall, exchange program wasn't offered until Nov. 18th
http://cp.sonybmg.com/xcp/

OoOoOo! Mr. Perfect information isn't such perfect information is he? lol

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Sysinternals made it public Oct. 31.

Furthermore, Sony didnt go public till the 18th. that means 2full weeks + without them doing anything but offering a half assed patch, which updated the XCP software and uncloaked it.

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Sony released a patch on November 2nd...So obviously Sony made it public then...Why would they release a patch to fix a problem with the rootkit on November 2nd if they weren't going public with the problem?

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If by public you mean a small footnote in an obscure website.

They could have used the same rootkit to tell customers of the problem. yet they didnt. Since the DRM phones home they could and should use it to tell customers infected by it to go to their website and get the so called fix.

Why dont you go read marks latest blog at www.sysinternals.com maybe that will give you an idea of why this is so wrong.

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yeah that patch caused an even bigger security risk... you could only get the patch by waiting for an email it was not posted on their site that there was a problem until everyone declared it spyware... MS took only 2 days and aknowledged the problem they never denied it was a problem or "most people dont know that there is a problem why should we tell them?" and offered FREE Overnight shipping...

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"Um, Sony released a fix, recall, and an offer to replace the Music CD the next day. Sony also asked stores to remove the CDs from shelves and send them back, alot of stores ignored the request. Sony did what they could."

Dude. Sony did all that after HOW many weeks? Not to mention that they wouldn't have done anything at all if they hadn't been caught (they had already gone 8 months without doing anything). That's the worst example in the world if you're trying to make a point.

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Who the @#$& cares if it was a day or 2 weeks? You're both forgetting that Sony had these rootkits circulating for 8 months.

...

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Brother has a Switchfoot CD that definately IS affected, but has received no phone call or any information regarding the "recall". What recall?

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"^ Next day as in "The next day after the issue was publicly discovered"
Didn't know I had to spell it out for you."

What recall? See my comment above

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How can you say Sony did what they could? Your IQ is what? Under 2 digits! WOW you need to read your own article pal,your messed up!

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What an a$$. Dude rather be right than make an intelligent remark on topic.

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Tell me what the problem is?

I see WHAT happened, the XBox is broke. SO?!?!?!?!

What IS the PROBLEM? Did your house burn down? Did your 5 kids complain that they can't play on their XBOX, because you as a parent were hoping that they would be kept busy, and you didn't have to watch them? Did you lose a precious game as a result of the XBox overheat? Did your carpet get burned? Did it blow a fuse?

What is the PROBLEM? Not what happened, not what MS SHOULD have done, not what percentage of people are affected by this mishap, what is the EXACT PROBLE or ISSUE?

What is the result of the XBox that you feel you have to SUE? Did YOU call MS? Did you TRY and fix the problem, or did you go whining to your Lawyer friend because you knew you could make a fast buck, because if you sue for millions and settle for thousands, you are way ahead of the game?

I bet this chicago guy bought an XBox off of Ebay for $3000.00 or more, and he is very ticked off, that he can't get his money back, and rather than allow MS to replace the unit, he is blaming MS for being an idiot for spending that kind of money for a console.

Let's look at something for a moment.

ITS a FF#$#@$#@$$!@#!#!@!@!@! GAME!!!!! People, its a #@#$@#$!!@#!@ TOY!!!! HELLo?!?!?!?!?!?!?!?!?!!?!?

Its not a car, or a house, or clothes off your kids back, or a lost heirloom that your grandmother had in the family for generations or even anything OTHER than simple entertainment. Are you this selfish, shortsighted, cynical and impatient that you have to throw a tantrum over a game?

COME the F#$#!#@!#! ON!

Its a game. Stop and think about that. Its a little toy, you play it you get satisfaction for a few hours and a little bit of fun, so what? Get a life! There isn't another game you can play? You have a computer, if you can buy a console for $400 you can buy a computer. Go play on the computer, the XBox will be back soon, quit whining and go back to bed you little brats.

Are we adults? or are we whining Kids? Let's throw a tantrum, call my daddy lawyer and sue them, because I want my XBox, waaaha.. waaaaah!!! Cry all the way home..

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roflmao...

Now that was funny.

The point is valid. The intensity and ferocity of the flame in which it is buried is highly amusing.

Thanks for that.

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Wow me and PC_Tool agreeing again. Man they better write another Music Pirate thread, before hell freezes over again =p

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lmao...

Man, ServerMechanic and I trading Google Jibes, Us agreeing...Certainly the end of the world must be neigh.

Repent now, all ye sinners, for surely thy time is near.

And yes, I called ya Shirley.

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hahaha.

Thing is, that on the music stuff I can understand we have very different view points, since its two clashing ideas.

However ppl here trying to bash microsoft for the 360 problems and their respones, and praise Sony for their response to the rootkit is just freaking hilarious and sad.

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LOL
LOL
LOL
LOL
LOL

Awesome points there rijp

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rijp +1 Respectability :)

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What's your problem? Can't find the caps-lock on your keyboard?

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I knew something would eventually happen. Microsoft is very irresponsible, and always will be, however pessimistic that may sound. They have made large amounts of money off their software range and yet delve into other markets without concentrating further on what they do have to offer and improve on that. The Xbox is another pitfall, and no analyst is going to tell me/gaming community that it’s ok to have a 3% screw-up in the manufacturing process that creates duds. If Microsoft wishes to act that way, then just P*** off from the console market, YOU SIMPLY DON'T BELONG THERE. The reason the console market is so successful with gaming, because problems don't exist (if they do they're minimal in such sense they don't interfere constantly) in this case having the main unit overheat or cause problems over online gaming is something we want to keep to PCs which are much easier to fix.

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No problems exist on other consoles eh?

Hmm lets see, sony's PS1 had drive failures where you had to turn the ps1 over so you could play the games. I think it was the balacing mechanism of the drive. The we come over to PS2, Intial PS2s and some still have disc scratching problems.. OH but there is more. Their big thing was the PSX the new slim looking PS2. Well this little console has had some MAJOR and I do mean MAJOR heating problems. I was at EB yesterday, a person had just returned for the 4TH freaking time his PSX because it stopped working, due to over heating. even though he said he kept it in a well ventilated area.

Another console, the dreamcast had some problems reading some game discs at one point in time. Anyone remember the NES and the dreaded blow on your cartrige era? Or putting two cartriges to be able to play? Same went for the SNES.

I guess these were all minor eh? Boy how memory is short term when it means bashing on microsoft.

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Ah Ha! Nice!

Yes, how soon they forget, did those companies get sued? Probably not.

Oh but MS they have billions to blow, lets sue them!

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I didn't say that! Problems do exist on other consoles, I've had MINOR issues with the GameCube. Of course they wouldn't happen very often and are usually restricted to certain games. In any case it has never, and I mean never overheated. As for Sony's consoles, I have no knowledge of them as I have never owned one.
That person you mentioned at EB returning his PSX, he must be doing something wrong.
I have to admit that the Dreamcast issue is a serious problem and can be blamed on the developer for that game, in some case if the data is not arranged correctly on the CD, the unit will have issues reading it.
If you've done your research well, which obviously you have not, there are reasons for the NES/SNES cartridge issues. It also occurs with all cartridge based-devices that are constantly used. Contacts on a cartridge can wear away and deteriorate since they are only gold plated. Other causes include removing the cartridge incorrectly and leaving the unit/cartridge in a location where dust can cause serious problems.
Perhaps you should think more than using your memory.

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I don't think suing MS is the right way to go about it. I do believe the US Supreme Court should put limitations on what Microsoft can do. Currently they are entering so many different areas of technology and yet constantly releasing those technologies still with errors/problems to be rectified. Ok it’s an Xbox, but it’s not cheap to buy which means it shouldn't be released unless its ready to go 100% tested. In this case it was not tested well enough. I think to offer the customer a full refund+10% (The 10% is to cover time/transport costs) is an acceptable deal.

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Oh wear and tear caused me to use two cartriges in my NES to play a game? HMM. No it was caused by a cheap component in the cartrige container.

So you are telling me that when you go buy a brand spanking new car, top of the line, cost you thousands. A week later you realize that the engine has a weird noise, are you then gona sue the Manufacturer for a faulty car? Out of 600k they made about 10k came out with the same defect. Should a lawsuit follow? Is it justified? A car can be a life and death thing. Yet you hardly see lawsuits over Lemons. Why? Because IT HAPPENS!

However, you have microsoft here, who OPENLY acknowledged the problem, one which has been blow COMPLETLY and totally out of proportion thanks to the internet, cause here everyone has a voice and anonimity. They offer free overnight shipping both ways and have a console for you within 5 days and its still not enough?

ALL COMPLEX and CUTTING EDGE ELECTRONIC DEVICES CAN HAVE PROBLEMS. ITS NOT BAD DESIGN its just the nature of the beast.

BTW when was the last time nintendo was cutting edge? Cutting edge means using the latest greatest. Which entails using high heat emitting components since they are being strained to the extreme. heres a little tidbit thats over on joystick, developers for the new Nintendo system are saying that the revolution is just a tad better than the xbox. Hmm 4 year old technology aint cutting edge. Since its been 4 years alot of shrinking has been happening with those processors ect, so they will probably wont have any heating problems either.

Then again has the Gamecube ever had the graphics the Xbox had?

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I guess sony only makes consoles then? Hmm lets see, Sony Music, Sony Movies, Sony Console, Sony Desktops, Sony TVs, Sony DVDs, Sony Bluray, Sony Radios, Sony CD Players, Sony MP3 Players, Sony Speakers. The list goes on and on..

I could name about 50 other companies that have a fat resume like that.

I dont think i can say the word Sony again. DAMN I DID IT AGAIN!

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Give us a break MS hater

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Unfortunately nor the Left Wing nor the Right Wing ever managed to do the right thing, to split Microsoft up. Instead, we got the Clinton Administration promoting Microsoft products and kicking IBM out of the market in the past--which resulted in the very bad monopoly that Bill Gates estabilished like a virus worldwide.

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Let the government run your life. Hmmm what country are you from?

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Buy your warranty. And don't fit your XBOX in a tight space that causes overheating. Quit your crying! Mine works fine and will work fine for the next 5 years because why, I keep my system outside of my entertainment center and my home in a cool 72. I'll get a PS3 and do the same thing.
Or should I cram it in a 12x12x5 inch space to make it over heat like those best buy/walmart stores with x360's. Stupid people, not stupid Microsoft.
Did I say before, stop your cryin

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http://dictionary.reference.com/search?q=crying
cry ( P ) Pronunciation Key (kr)
v. cried, (krd) cry·ing, cries (krz)
v. intr.
To sob or shed tears because of grief, sorrow, or pain; weep.
To call loudly; shout.
To utter a characteristic sound or call. Used of an animal.
To demand or require immediate action or remedy: grievances crying out for redress.

v. tr.
To utter loudly; call out.
To proclaim or announce in public: crying one's wares in the marketplace.
To bring into a particular condition by weeping: cry oneself to sleep.
Archaic. To beg for; implore: cry forgiveness.

n. pl. cries (krz)
A loud utterance of an emotion, such as fear, anger, or despair.
A loud exclamation; a shout or call.
A fit of weeping: had a good long cry.
An urgent entreaty or appeal.
A public or general demand or complaint.
A common view or general report.
An advertising of wares by calling out: venders' cries at the fish market.
A rallying call or signal: a cry to arms.
A slogan, especially a political one.
The characteristic call or utterance of an animal.

The baying of hounds during the chase.
A pack of hounds.
Obsolete. Clamor; outcry.
Obsolete. A public announcement; a proclamation.

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Lol what was the point for the dictionary reference????

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you know that basically sums up about 90% of the people posting on this topic

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The longer I wait to get one, the less I care that I don't have one.

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I hear ya!

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If you call yourself a hardcoregamer because you waited HOURS and HOURS to buy the consele, YOU ARE NOT!-
ANd if you was SMART enough you will wait some time before buying the thing..so that you will see the problems...think of it as a BETA sofware come on now..Would you pay Full price for a 1.0 Release of it...or youll rather wait till it gets out of betatest mode....well i think the 360 still on beta status.....maybe like the Operating systems Microsoft Didnt bother to TEST It! to its maximun testSSSSS..maybe thats why they comming out ****ed up!...

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Good lord, so they will replace it and pay overnight shipping both ways? I guess that's not fast enough for some :|

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Well, if you think about it, If you just waited in line for hours to get one, bring it home, and it doesn't work. Your gonna be pretty pissed that you gotta wait 36 Hours for a new one! I know I would be. lol

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Well you may be upset, that's fine. It doesn't make it ILLEGAL to have a problem. If they FIX the problem, then that's good, so what you have to wait?

I guess you have to wait, ever been in line at the DMV? Why don't you try to sue them? Waiting is a part of life, get over it, and quit being impatient.

In the mean time, suing is not the answer, especially when it hasn't even been 2 weeks, and they are suing BEFORE the problem has a chance to be rectified.

Evidently, you don't own a business or understand how business works, because I STILL don't understand what the problem is.

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you may be pissed...but it's no ground to file a law suit. :)

I'm pissed at NJTransit because i have to stand almost every day on the train for 30 mins...why do I have to stand?! I payed for my ticket just like everybody else, they need more cars, more seats!! That's it, I'm suing!!

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Wow, the net moves fast. Already some guy has launched a website about the xbox overheating lawsuit. It's www.xboxoverheating.com. Some interesting stories over there.

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I waited 18hrs in the pouring rain for my xbox360 at circuit city.. I should be sueing circuit city since I have been outside and now have the flu and havent been able to goto work. There was 20 people in line at the circuit city I was at in NJ they said they had 20 premium units in stock that night the 21st, but yet they still made all of us wait till 7am in the morning when they could of given us vouchers and sent us home so we all wouldn't get sick. Trust me if it's anyone that should be sueing it should be me and 19 of the other hardcore gamers. This person is pathedic and disgusts me reading this post of how he or she is sueing microsoft. People need to stop b****ing and deal with it. If you really want something for you or your child for the holidays or whatever it is you will suck it up and do it! Thank you.

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yea sue circuit city i would love to see that case in court. we find that circuit city is not guilty but we find that this dude should have had the intelligence that he would get sick if he stayed out in the rain for hours waiting to get a material possesion that he could have waited for. dude grow a brain!

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lol... grow a brain indeed. And he calles himself a hardcore gamer? I myself, might as well enjoyed the flu (not the aches and pains), so I could stay home and ENJOY my 360, that I waited for hours in the rain.
Dude, if Circuit City is sued, I believe every retail chain would have to be sued for doing the same thing Circuit City did. What, BestBuy, CompUSA, ToysRUs, GameStop didn't have a line of 360 buyers, waiting for hours, in whatever weather? Now quit being the scarecrow and wishing you had a brain.

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Wow, are you blaming circuit city, because YOU chose to buy an XBox? Did you not have sense enough to wear a rain coat? How about an umbrella. You have 400 bucks to blow on a GAME or TOY, but you are too stupid or dense to NOT bring WARM Clothese?!?! And that's circuit city's problem because....?

Circuit City didn't create the hype, people like you that *HAD* to be the first to buy an XBox created the hype, so we should be blaming YOU for the problem, because we didn't hold a gun to your head to BUY the XBox did we?

You NOT going to work is YOUR problem. And just FYI, you *CAN'T* get the flu from BEING cold, Flu is a virus, not a weather condition. The Flu was probably from hanging out at that bar you frequent, because the alcohol affected what little common sense you have to stand in pouring rain and cold..

Do you not have a car? You could have sat in the car, and waited, you could have brought warmer clothes, don't blame circuity city, MS, or work for YOUR problem. I hope you get fired, because this is an Inexcusable reason to miss work. I should call your boss and TELL him EXACTLY what you did, I bet you lied too didn't you? You can whine about being stupid, but you can't tell the truth about what you did...

Circuit City didn't make you wait at 7am for ANYTHING. You have a brain (I think) you CHOSE to do it on your own volition. You shouldn't be suing anyone, you should be glad you got your XBox, play it and shut up.

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Well your the Fu#$%# moron that waited in the cold and rain. Circuitcity didn't put a gun to your head and told you to wait 18 hours outside for it now did they?????? You choose to wait so deal with your flu now. Next time you will learn to put your name on the reserve list to get one with out waiting.

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i agree with you fully i will do what ever it took to get one and now ium getti8ng one on thursday 21st december i am exited

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hmm, if this shmuck can sue Microsoft over this maybe I could sue ASUS because the SATA connector on this motherboard I have broke off.

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The SATA connection is the stupidest idea ever, that thing is so brittle I am nervous everytime I mess with it.

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If majority of judges worldwide weren't so guilty to please Microsoft everytime and allowing them to continue doing what they do we wouldn't have got so many Companies out there doing the same that Microsoft always did and keep doing. We would have got much better consumer-oriented Companies with a better leadership instead of Bill Gates clones.

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That's just because there are many low quality connectors on the market. The SATA technology is far better than the now ancient parallel SCSI.

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I think this is just trying to attract attention. The Xbox has been out for long enough that he had plenty of time to research the problem before buying.

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People these days are such morons. I should just go over into this guys sidewalk, slip on it, break my leg, and then sue him becuase its his fault i fell on his property.

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if you slip on the sidewalk in front of his house, you cant sue him but you can sue the city.... now, if you slip on the walkway leading from the sidewalk to his house, THEN you can sue him :)

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Actually, you can't, because your trespassing lol

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Not exactly... You could be wanting to visit or ask for help if your car broke down in front of his house, hell even if you wanted to sell something. Maybe if you were delivering something but did not realize it was the wrong address.

Oh and where I am, if you fell on my sidewalk which the city owns, you can sue me. Only if there was snow/ice/sleet which was not shoveled/broke/swept up in ample time, sidewalk cracked/lifted or something in the way providing a safe passage.

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[waaahhh!]

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Geez... People go apesh!t crazy, just because the company is Microsoft. Take the damn thing back, or get it repaired/replaced, like you do with products from other companies.

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so does this mean i can sue dell...and compaq...and HP....oh and all the other computers I've had over the years because they lock up, crash, and so on?

You're probably think of course not thats stupid.....and that's my point exactly!

Nintendo all the way.

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most of the lockups on those systems werent caused by the box but because of the operating system ;)

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Most of the lockups on the systems weren't cause by the operating system, but because of the marketing department not allowing manufacturing and development enough time to get the hardware and software to co-exist nicely together.

But I suppose I'm picking nits now...

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How hard is it to return the console FOR FREE and get a replacement within days?

It's not like MS broke your XBOX on purpose. Every electronic product has DOAs at launch, and that's why MS offered replacements for you.

It's a whole hell of a lot more than Apple did.

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Could you imagine?

Bidding $1500 on a console only to find out you can't play it because it overheats?

I'd be FURIOUS, but then again I'm not dumb enough to bid on a console (or camp out for one either hah).

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No matter how much was paid for it or where it was bought from, MS offered to replace faulty consoles at no cost and pay for the shipping.

I don't see how there could be any grounds for a lawsuit here. This is just pathetic.

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I both agree and disagree. Yes, it is pathetic but maybe they need the wakeup call.

This is a blatant example of why people don't like their products, and this one doesn't come with a EULA that protects them (that I know of).

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It's called a warranty. The defect falls under it.

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That's true, I can't disagree. I wonder how many people really have a problem.

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Seriously, what kind of moron would pay over 2000 dollars in some cases for the dang thing.

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Can you imagine being dumb enough to pay any higher than retail for a console?

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You know, I thought for a few minutes about this and I decided that it's good that this guy is suing them.

It's about time someone held them accountable for "yet another screw-up".

TFB for them for releasing a POS.

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everyone thinks microsoft screws up and releases POS systems well hwhat about sony? the PSP had a bunch of defects like the cart itself shooting out if you twisted the system a certain way. the square button was purposely misaligned. and the idiot ken kutarudgi is says it will not be fixed. and let's not forget the PS2 and it's laser problems? do you see anyone suing sony and trying to make it a class action? specially when the new slim lined PS2 overheat just as quick.

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PSX was the last Sony game system in my house. Didn't intend to imply that their stuff wasn't junk too.

Sony isn't the focus here though.

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It took sony many revisions to get the PSX working properly. A few of my friends' PSX just stopped working unless you played it upside down...now that's superior design right there.

Any complex electronic device when first released is going to have a small percentage failure rate. I bought a Harman Kardon receiver last year that was DOA...my friend bought a hitachi LCD HDTV that had its light burn out after 2 months...should my friend sue hitachi and should I sue H/K? No...these problems were resolved after exchaning or warranty work.

Nintendo's DS touch screen gets scratched easily...why isn't nintendo being sued??

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I dunno, maybe you should ask Nintendo why they aren't being sued.

I'll bet their first answer is that they don't have a history of severe problems in their products.

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Really?

Do you remember Nintendo...how many times did you have to pull out the cartridge and blow into it and that somehow made it work? How much money did you spend on cartridge/console cleaners?? Oh yea standards were much lower back then...

I'm surprised to see how quickly you can call this a "severe problem". It's been out for 12 days...and it happens well above the acceptable defect rate for new electronic products....yet few thinks it's a "sever widepsread problem"...wow do we have a MS hater on our hands?? nahhhh

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"how many times did you have to pull out the cartridge and blow into it and that somehow made it work?"

Pencil erasers worked much better, and that wasn't a problem until the system had been used for quite a while.

When you blow in a cartridge you put moisture in it. Common sense and electronics 101 says blowing in a cartridge is stupid.

No, I'm absolutely not an MS hater but I'm not gonna bend over and pull my pants down for them like some of the people that post here do.

What do people do when they can't argue against something? They make sh*t up and call people names. You have just done that so have a nice day.

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Make sh*t up huh? Nothing I said was made up...the only name I called you was a MS hater...wow you might just be a tad too sensitive huh?

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Yea, blowing in the cartrige is not what made it work, those slot loading nintendo's had a reading problem...it working after blowing in it was just coincidence. And the problem only existed in that on model, the famicoms didnt have it. But there have not been any problems in a nintendo system since, thats a pretty good record considering every Sony console has been a piece of crap.

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I know...but you don't know that when you're a kid. When you're a kid you blew in the cartridge and it suddenly worked. ;p

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my ps2 alwas crahes when i play dvd's but i swich it on and off and it it is working fine i bought it for the games not the dvd so im not worried whats the point of sueing when you probably gonna come out not guilty anyway and the man who is sueing is just a lazy greedy bum.

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I've had absolutely no problems what so ever with my XBox 360. I've run it for 10+ hours with none of this freezing up and crashing stuff. Maybe I'm not using the "right" software to get it to crash, I'm currently playing PGR3 and PDZ.

Honestly is the guy behind this dating sone SONY exec? ;-) Or just possessed of staggering lack of imagination. Poor baby, consider the psycological damage - clearly he should be paid millions in damages for his crashing console and Bill Gates should beg for mercy. Not.

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BTW, for everyone who didn't know about the coffee lawsuit, there really was some merit in it. You should look it up -- the coffee that the lady got couldn't have been humanly consumable for at least 15 minutes. It really, really was served at a stupid temperature. The expectation of "hot coffee"; something that you can put in your mouth in short order, shouldn't be able to cause 3rd degree burns. (that's where the skin falls off)

As for the lawsuit, it's your constitutional right to bring stupid suits. A judge will likely quash this. Regardless, you can't really wide-scale test this sort of thing until it is released. Just like the X1 power cord recall, it's something that you have to just fix on the fly. Relax.

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I side w/ MS here...but--- if they'd instead done 'AMD Inside'......things'd be a lot 'cooler'...nah?

& speaking of another entity being targeted lately(though w/ a positive outcome for a change)... wait 'till you see the performance of Sony's next box, with the cell processor:multi core(8!!) AND multi-threaded...and that's only its first release.

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The Bottom Line is...Microsoft KNOWS they screwed up they have aknowledged it and you get a free xbox OVERNIGHT...why is a lawsuit necessary? there is NO such thing as a defect free product when it is first sold...it does not happen... so in the logic people are using so I buy a car and the engine is overheating because there was a problem at the plant...said company aknowledges problem and informs customers to get it fixed and there is no charge...you dont see anyone suing them...and seriousily the coffee story would ONLY happen in America...any other country would look at the moron and be like "uhm its coffee its supposed to be hot" With all these overblown lawsuits its no wonder any kind of insurance you buy is ridiculously overpriced...

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I have had my 360 for about nine days now and have had no problems ar all.
I have tried it both Horz/Vert and leave the power bar horz on the floor in a tight spot. it's been left it on for hours, and while it does get a little warm its nothing that im worried about.

I think this whole overheating issue has been blow out of proportion. Tons of people that I have spoken with have said “the X-BOX 360 is bad and it overheats” yet they don’t have one and go off what others are saying.

and if you do have a problem Microsoft is fixing it for free.

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So...what's the lawsuit about? Did MS forget to ship him a replacement unit, or is it taking money from his business? Better yet, has it caused him "pain and suffering"? Is this guy just full of crap? This is stupid...he lost his 300 or 400$ and that's it, he can only sue for that much, which would be stupid.

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Maybe he bought it off of Ebay, because he was too lazy to stand in line, and he blew about 2 or 3 thousand on the game, and that's why he is upset.

Either way, I agree, where is the pain and suffering?

He thinks he can get MS attention by starting a lawsuit and he can get a quick money so MS will make this go away, if anything this will be the start of a new way to stop frivolous lawsuits...

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We all have games. How many games spike the CPU during play? Maybe a game they were playing caused the unit to OVERHEAT? How about that?

Maybe, just maybe, the software caused the hardware to act erratically...

I have games that spike my CPU, and yes I know this is a console, maybe we can still blame Sony for their rootkit on the XBox 360 game..

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Well, referring to the prior McDonald's comments, let's hope that no one puts a 360 between their legs as they are driving and play at the same time.

Who would they sue then? MS for burning their "scrumdidlyumptious" or the game maker because they got in a wreck when they were playing *their* game?

Really, I have a 360 laying on it's side in my server room at home and it is working just fine. I agree that most of these problems are probly brought on by little Timmy wanting to play and not wanting to learn how to take care of his new toy.

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As I have stated somewhere below, one of the design specifications was that the product is supposed to work equally well with either vertical or horizontal placement. In fact, Microsoft made a fairly big deal out of that particular issue.

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yep, you are correct!

Love the 360!

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Supposed to work, but it didn't, oh boo hoo.. I know, lets sue them.. because calling on the phone and returning the game to the store is just too much to handle, I must play, I must play!!!

I can't live unless my unit works PERFECTLY!! Everytime, I suppose the unit is supposed to last how long? What if this would have happened in 3 years, would that have been MS fault too, Zena Princess?

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Patently ridiculous.

It's the first wave, people. It just came out. They already said they'll repair them. For free....no shipping.

What more do you want? If the failure rate is as low as they say, they could legally tell you all to shove it.

I'd hate to say you should have expected this, but you all knew it was rushed to market. You all know the trade-off that took place for that to happen.

...and you bought it anyway.

Now ya'll wanna sue? There's Good old American logic for ya...

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Absolutely.

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To the guy that says "these trials have to stop", I hope you just are wishing that this gets tossed, but not the ability to bring them.

To those that think a suit here will stand up, there's a lot of common sense here that says that MS are doing the right things to correct a problem that isn't that bad. High profile release + internet + trolls & flames = mass exposure. Even so, 1 in 40 is a high rate of failure these days right? No. It's pretty low compared to PC's. How many emachines work out of the box, 8 in 10?

The overnight fixes, the immediate customer service... where's the lawsuit? I don't see it. I'm not apologizing for "poor" (eye of beholder) manufacturing, but the remedies are excellent. That's good business, not culpability.

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Bottom line: The product was rushed to market for the holiday season. That almost invariably causes conflict between marketing and manufacturing. Marketing wants it out there; manufacturing wants to get it right. Unfortunately, manufacturing often loses that battle.

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What are you an Anti-Business proactivist? Everyone rushes to market for Christmas, so what? It doesn't mean that given more time the units still would have been perfect. There isn't always a correlation between rushing in marketing and manufacturing, some processes can be streamlined or simply given more attention. And you know nothing about business, manufacturuing WILL NOT release something just because marketing is breathing down their neck. It just doesn't work like that, not in a reputable business. They may feel the pressure, but they know their job is on the line.

What good is pushing something out the door, when the problems will put it right back? You need to quit pretending to know something, when its obvious you are trying to play devil's advocate.

This is nothing more than someone trying to get rich at MS expense, in hopes they will settle for some ludicrous amount, so they don't get bad press. MS wants this to work, because future sales will be dependent on it. 3% may SEEM like a large number 18,000 as a guess, its NOT large when MS fixes the problem immediately. AFTER those units are released, how many of them CONTINUE to have problems? We dont' know yet, that's called a trend.

Even new cars have a lemon law, 3 times and its a new car, but there hasn't even been enough time to decide who is right and who is wrong. So what the units are defective, did it burn your damn house down? Did it blow up in your face? So it ruined a game, did you get the protection plan at BEST BUY? Did you buy a game with a protection plan? GREAT! You are covered, guess what? You get a new box!

Calm your dumb a** down, and go back to your play pen you fool, you aren't going to win any battles here.

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I am a business school professor.

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"Anti-Business proactivist"???

Zen made a logical point and once again you attacked like a rabid dog. Get your shots, chew on a bone, and try again later.

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if this happened the store would replace it since it hasent even been a month since he has had it. so theres realy no point in suing.

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Another good point, 30 day return policy.

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Return where?

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Did you read the post? Are you are asking a stupid question?

... Return to the store where he bought it from..

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Microsoft proudly touts its usability studies. If deserving of such praise, those very studies should have revealed that consumers do not read instructions (although they should!), and many consumer might very well place the product on carpeting. (That's all you will find in many homes.)

As for instructions, except for us nerds here, we all know people *do not* read instructions. (Is that not how some of us making our livings?!) And, it would not have been difficult to provide four little legs that come already attached, but could be removed. Those four legs would elevate the product off the floor/carpeting and assure adequate ventilation.

Face it, my good people. Microsoft screwed up. (And if not, so much for those usability studies about which I have seen Microsoft brag more than once.)

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Yeah. I agree with the four legs thing, but still they should have allowed enough time for adequate testing so they could fix the problem instead of work around it.

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Wait a second.

Microsoft responds within days of the complaints with a full service to get a new xbox. They write on the instructions to keep the console well ventilated.

And they are still at fault?

JFC. Carpet and electronics DONT MIX, it is that simple. You dont put a brand new piece of electronics right on the carpet, you are only asking for trouble. Not to mention the fire that could cause some electronic equipment laying on a carpet.

ITS COMMON SENSE PPL!

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The point is, and also that of the lawsuit, that this issue should never have arisen in the first place. (Somehow, people seem to be missing that big pink elephant.)

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I think you smoked the pink elephant.

The point is, there isn't enough time, so maybe *YOU* are not getting the damn point.

This issue is normal. 600,000 units, or whatever, there WILL be some fallout, its the law of averages, or can you not perform simple math? I bet at your job, you do everything perfect? All those sandwiches you wrap are perfect, and each one is carefully spread properly with condiments, huh? BS!

People are not perfect, AND, there is not evidence to prove that EVERY unit deemed defective was completely the fault of the manufacturer, we have NO data.

I think somehow someone forgot to fill your head to the proper fill level. Is it 30 or 40 psi, I forget?

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Thanks for another laugh!

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I am glad I can amuse the handicap, that's my goal.

Evidently you are laughing because you have nothing useful to say.

That's ok, you should sue your brain for non-support, but that would be a waste of good paper.

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Look at you, I bet you feel like a man now.

Why haven't you responded to any of my posts?

Because you aren't all you wanna believe you are?

:-P

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You aren't worth my time, I didn't even see your miniscule posts..

buzz off, you gnat.

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i agree with you fully people talk s***
s*** happens get used to it

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Ok, how is this a lawsuit? I understand angry customers, but this is only a lawsuit to me if:

1) The rate of failure is higher then the industry standard.

2) Microsoft cannot take care of the defective systems in a timely manner.

I have a friend whom had a defective system, and yes, the box was on his doorstep overnight, and the response was apparently very good.

So if this guy has a horror story and Microsoft is really taking it to him, so be it, but standard return procedures are no reason for a class action lawsuit.

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That's EXACTLY what I am saying. Well stated.

A lawsuit is a last resort, not a first line of procedure. Only comes AFTER you can't get the company to cooperate.

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Thanks for the laugh!

How many times have we seen Microsoft use a lawsuit only as a last resort? Microsoft does not know what a "shot across the bow" is. They sue immediately. There have been a couple of cases where they provided even minors zero warning.

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The only laugh here is that you continue to believe your own swill...

A couple of cases? Oh, and now I suppose you are an expert on litigation?

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No, but I do read quite extensively. It's my job to do so, and teaching business is how I make my living. (I've also had several students I've taught end up working for Microsoft.)

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Is that how you feel about Microsoft suing Lindows?

LOL I bet not!

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LOL that's either the biggest lie I've ever read on here or you are the worst business teacher I've ever seen in my life (after reading your comments).

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Teach? You teach? Ok, now THAT's funny!

Yeah, so since as the saying goes, those who can't ... teach, you are jealous that your so-called students end up working and making more money than you, so that would make you.. yes, jealous.

Now I see your post as the truth it brings out, you are some poor old teacher, and you don't actually UNDERSTAND the business, you just recite a book.. ah!

great, now I get it.

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hahaha

Yeah, combine this with various suits over Winblows and you have a WINNAR!

But seriously, they should have at least done some testing before dumping their consoles into the market.

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Right! See my posting above. (Wow! There is someone with some brains here!)

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They did do some testing, but if people can't follow directions, then that's what the proof in returned testing will reveal, customer abuse. If its a defect that's one matter.

Just because 1 person aligns with you, doesn't mean we ALL agree with your assessment. I think you will find that this was a hasty move, to SUE at the first sign of trouble. It hasn't even been more than 5 business days since they were available. This seems like a gold digger to me.

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i aggre with everything you saying 100% to rijp

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I will sue because I pour hot coffee over my lap.

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As you should, because when hot coffee leaves serious burns that leaves scars on your inner thigh, you've got to be just a tad upset.

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If you actually knew the particulars of that lawsuit against McDonald's, you would understand why they lost in the courts. (Now, consider doing your research before making such remarks. And if you do, you'll come to understand McDonald's truly deserved to be sued, and to lose the "hot coffee in my lap" lawsuit.)

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As the story goes..

She drove off with the coffee between her legs. She handled the coffee, the top was securely fastened. She was driving, talking on her cell phone, and wasn't paying attention to the road ahead, and didn't see the traffic. She stopped suddenly, her legs pressed together causing the top to become dislodged, coffee spilling on her tickle spot, causing some discomfort on her box, and some third degree burns on the surrounding area. ALL of this she admitted to in court.

Yet, she STILL won! Although, she was suing for millions, she was able to get about 50-60 thousand.

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If the company knew or should have known about a problem and did not take actions to fix their product, then they should be held liable. The lady that got burned with the coffee won because there were thousands of complaints sent to MC Donalds about it being too hot. They knew it was too hot, and they didn't do anything to fix it. In fact, the majority of the money she won was spent on numerous skin-graphs.

No one knows for sure if MS had knowledge that the 360 had problems prior to releasing it. I guess that's what the court will find out.

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LOL No No No! THe cup didn't have "Hott" Labeled on it!! So ther customer "didn't know it was hott" ROFL what idiots...

"Your honor!! I didn't know the coffee was hott!"

Just like...

"Your honer! I'm suing McDonalds because I'm a fat fuq!"

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Damn dude, I think you stuck your head in the coffee pot, you pin head.

Do you know the TRUE lawsuit of McDonald's? The health department deems 140-160 degrees is PROPER heat for coffee, otherwise its not suitable to serve. Putting coffee in your lap while driving, was a stupid idea. This chic won, but even the jurors felt that the message wasn't clear on hot coffee, and they ONLY suggested that they "advise" customers in the future that it could be "too hot to handle" in sensitive areas. Therefore, she only got about $50,000 in the settlement. (Instead of millions she was asking)

Why don't *YOU* do some reasearch first, and quit filling this thread with your false information.

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But despite that, the coffe should not have been nearly that hot and bot have required major skin grafts. McDonalds was warned repeatedly that the coffee was hotter than it was safe to serve. Think about how hot it must have been to cause that kind of burns AFTER leaving the pot and driving around in a car...

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Hmmmm....ok, I'll smack the doggie this time:

1) The "chick" was 79 years old.
2) The coffee was about 190 degrees
3) She had to have 2 years of treatment AND skin grafts.
4) She offered to settle the case for $20,000. McDonalds refused.

Now, go lay in the corner and lick yourself while you calm down. Bad dog!

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Oops! You missed some more facts: She was NOT driving, in fact, the car was stopped and her grandson was at the wheel. No cell phone either. Oh, and the burns were not restricted to a tiny area, more like 6-16% of her skin. Fire your fact checker...or, get one!

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Hear hear!

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SHHHHH don't give him facts!

He'll just ignore them anyway so he can toot his own horn some more. LOL

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79, and should NOT have been driving..

The coffee while at the time of service MAY have been 190 but was no where NEAR 190 when she drove off.

2 years of treatment, as a result of HER negligence, she had the coffee in her lap, while drive, stopping in traffic.

And she offerred to settle AFTER she brought the lawsuit, that's called a bargaining chip, "I will sue, or you give me X dollars". Many businesses won't deal with you if you have a lawsuit pending.. its common practice.

Now why don't you go spank your monkey, punk!

Adults are posting here, not silly boys!

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Do you actually have anything useful to say, or you like walking around with your nose up my butt?

Don't you have some coloring books or something?

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Oh, c'mon little man, I know you can flame better than that. Oh, and you still haven't got the facts right, but that doesn't matter does it?

1) Yup, still 190.

2) She did not have it in her lap while she was driving or stopping. The car was stopped, pulled over.

3) She did not offer to settle after suing. McDonalds refused to pay, THEN she sued.

Then you said, "Adults are posting here, not silly boys!"

Hahahahaha! LOL! ROFL! You're kidding, right!?!?

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come on this talk is about xbox 360's and stuff not coffe

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ok, So lets say since release date of Nov 22nd in the US. 600,000 X360's have been sold and picked up by consumers.
Now, Microsoft is saying that the problem is in 3% of the units sold.
3% of 600,000 is 18,000 Units, or 18,000 Pissed off customers. That's ALOT of people. The point of the matter is,
Microsoft is saying "we don't care about 18,000 people, we still got 582,000 possibly happy customers"

No matter what M$ thinks, this IS a very BIG issue.

M$ needs to figure out what is causing the Video Malfunction, The Overheating, and the crashing.

From what i Have see, the X360 has 3 Issues. Widespread or not, it needs to be taken care of.

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Microsoft is doing more than most companies would do. they send you a box over night, with paid overnight shipping, and have a 360 comming to your doorstep within 5 bussiness days.

THE PROBLEM is 1 problem. It has to do with the brick on a string or PSU. It has been debated over and over, and it has been norrowed to that 1 part. Since the PSU is manufactured by a few different suppliers it is possible that one of the suppliers didnt do the right Q&A and didnt meet the correct current requirements or cooling requirements.

Also we have the bunch of consumers who are idiots and place an electronic device, in a CARPET. A carpet for crying out loud, something that can be full of static which as we all know can render electronic devices useless, but also block the airways of the console.

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Well if you think of how the X360 is Designed, it stands vertically, so only about 7% of the console is actually touching the carpet, so that really shouldn't cause the overheating (YES I do agree that putting electronic equipment on carpet is very stupid, but some people don't know better) Also from what I have seen, all the vents are on the sides, the top, and back of the console, none on the bottom, front or right side. So if it is place on the carpet, it wouldn't be covering any ventilation.
http://screenshots.teamx...m/screen/36539/Xbox-360/
http://screenshots.teamx...m/screen/36540/Xbox-360/
http://screenshots.teamx...m/screen/36537/Xbox-360/

So even if it were placed horizontally on the correct side, it STILL wouldn't be covering any vents.

So the only real threat by placing it on a carpet would be that fact that carpet traps heat.

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what about the power supply? were is that sitting?

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When standing Vertical, it's up top, but yeah, horizontally it's close to the carpet\

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The powersupply is not on the console. It is a separate piece of equipment.

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ohhhh I gotcha. I just saw the Plug hole in the back and assumed it was within the console itself. But from what I have read the GPU and CPU themselves have been overheating? Or have I been reading BS Flamer lounges? lol

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One of the design specifications was that it could be placed vertically *or* horizontally.

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uh...I belive I went over that :)

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I personally think the severity of an issue is more critical than the number, but yea, 18,000 peeps get systems with some heavy s***, and that's still pretty bad. Too bad M$ didn't wait longer to release the damn thing, trying to get everyone into the 360 so they don't buy PS3s or Revolutions.

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I think its the BS flamer lounge. Sorry for the delay was sleeping.

Anyhow, from what Ive read in various news sites the issues can be broken down to these causes.

Console overheat:
1. improper ventilation of the console(Placing the console on a carpet, or in a badly ventilated area)
2. Power fluctuation from the powersupply.

3. DOA parts inside console ( have yet to read any reports of this specific issue, however I must assume that atleast 1 is caused by this)
Random on screen Errors:

1. PSU improperly ventilated( again the carpet).
2. Faulty PSU(this one seems to be one of the main reasons for problems all around). faulty as far as voltage fluctuations and improper ventilation design on a specific number of PSUs.

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See, now... Putting the PSU on the carpet. No-one would normally see this as an issue, it's not inside the box, therefore, it's part of the plug, right?

Now, you and I know better, and would probably make sure that it was either in the entertainment center itself, or at least sitting with the vent-holes facing up. (Do they have vent-holes? I have yet to actually get motivated enough to look at one)

But most folks, most kids, wouldn't think twice about dropping it on the carpet behinds the TV stand, and not even bother to look or care how it landed. (Unless strange noises were heard and the cat not seen for days...)

They'd obviously need to label the supply and set-up instructions if the PSU required any treatment other than the kid tossing it on the cat under the TV stand. Did they?

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It has holes on both the top edges and the bottom edges if im not mistaken. I dont have a 360 yet but I think thats how it looked in the pictures, and how ppl described it.

True about folks and the kids, but then again ppl should read instructions, from what i read it states in the instructions to keep it in a well ventilated area. I heard someone say that it said not to put it on a carpet but dont quote me on that, cause that was just from 1 post i saw.

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I shall put the blow dryer on the bed with the vents facing the bed, I will sue because it overheated and my bed caught fire. Since I am a consumer and an intelligent human being I do not need to read instructions, obviously the vents on the 360 are so it can grab itself to the carpet right?

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I DONT KNOW WHAT IS WRONG WITH OUR "FELLOW AMERICANS"

these kind of trials have to stop.

its these a** Holes who sue, because they know that people who sue big companies often settle for ALOT of money, and this is a bad example. what in the hell does this guy think hes doing.

i hope microsoft countersues. for all this a** holes worth

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What are you gonna do? Just like the fat people who sued McDonalds because they got fat......Yeah, Now I can't enjoy a Super-Sized French Fry because The fat people couldn't control how many French fries they ate...bas****s.

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Dear Microsoft,

Why does my XBox 360 overheat when I put it on my '70's 5" shag carpet?

Sincerely,

Joe Sixpack

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Exactly, The average "Joe Sixpack" doesn't know any better. I know alot of "idiots" around this area that would think it's "OK" to put an electronic device on a 5" Shag Carpet. Not everyone on the face of the earth knows better.

As a PC Tech for the everyday end user, I have seen ALOT of disturbing things, I have walked into a home and the customer directed me to their computer which is sitting in a non-aircondition garage when it's 100 Degrees hott and Humid outside. I know better, but people like that don't.

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Didn't those iPod guys want $500million or something - seeking damages for every ipod sold?

If this guy just wants $2000 for his XBox 360, all costs covered, and it does get recalled...well, I don't agree that he should have sued them, but if he's not doing it for $$$ then I'd look into this one further.

Now if he wants $40,000,000, then we have the standard American every-week in-the-news greedy-bas**** story.

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Great! I am sick and tired of spending money for products that essentially are released to consumers for beta testing. Three percent may seem low, but anyone with a decent MBA knows one percent is now considered the acceptable failure/problem rate in manufacturing.

Three percent means Microsoft will *never* win either the Malcom Baldrige National Quality Award or the Deming Prize for quality. And, they would not come close to meeting ISO standards.

Sue them. Better quality is most definitely possible. Too many manufacturing firms have already shown that. And again, I for one am tired of being too many computer-related firms' beta tester after paying darn good money for their product(s).

But, as long as I see arguments as I do here, where consumers *gladly* accept poor quality, that is exactly what they can expect to be delivered.

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You know, most problems are created by consumers themselves, and manufactures don't see what problems may arise as a result of the "defect". The defect is not making the device stupid proof.

I bet over half of these problems stem from misuse. And its only been 12 days since the XBox 360 even came out.. That's really only 5 business days, assuming a call on monday, a cross ship on tuesday, and the new unit arrives by thursday, there isn't EVEN enough time for this to be a widespread problem.

This is a get rich quick scheme by this dork in Chicago, and I hope he goes bankrupt trying to sue MS, it would serve him right.

Even the worst of comanies have to be given some time to fix a problem, I am sorry, but this hasn't been old enough to even consider this a problem.

First the units have to be received and inspected, I would like to take a look myself to see what these so called units are having a problem. My guess is in the coming months, people will be to blame, as another poster in this thread put it..

Playing a console on the carpet is bad.. Not allowing enough ventilation is the problem, that's why it overheats.. VCR's had the same problem, years ago, along with TV's, people were putting them too close to the wall and enclosed inside sealed cabinets..

I see this as one man's dream to get a few bucks off of a huge company, and that's what people need to see, the truth.

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But, as long as I see arguments as I do here, where consumers *gladly* accept poor quality, that is exactly what they can expect to be delivered.

Now please explain to me why this is unacceptable considering in the facts.

1: They are selling these consoles BELOW COST.

2: If you are one of the unfortunate 3% they will pay for overnight delivery both ways to make sure you are satisfied as soon as posible they could have easily gone with reguar mail that would take much longer and cost less.

Hell i'm in the market for a big screen HD LCD anybody know of any ofering this good of a deal given what the xbox should cost i want a 32"-36" for about $800cdn.

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You hit the nail right on the head

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to bad there are not more people like you, the world would be a better place.

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He beat me too it...

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How come my atari 7800 is still alive after being played on the carpet for what 20 years now?

You have a pretty pathetic argument there.

My kids NES, SNES, PSX and whatever else is in their rooms today is on the carpet too and I don't see any of it dying.

Why can't MS do anything wrong in your eyes?

Do they cut you a paycheck because you sure post like they do.

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Really?

How come a PSX can work for 5 years on a carpet but an xbox can't?

Lemme give you a hint *POOR DESIGN OF THE XBOX*

;-)

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Does that Atari have a 3 cell processor in it?

You can't compare the two. Atari's simply didn't have the computing power to generate the heat.

Why do you think you don't need exhaust fans on your cell phone?

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The PSX's hard drive must have been much more durable...oh wait, the PSX didn't have a hard drive...hm...strange I guess hard drives create heat??

The PSX super powerfull 4 core CPU must of been better cooled also.

Oh wait...the PSX didn't even have three CPU's and a GPU?? Strange...I guess these components can also cause heat...

EDIT: The PSX had about 20 revisions...the first revision from what I remember had nothing but problems, especially with the CDROM drive. 12 days after xbox 360 gets released and suddenly it's poorly designed....

You want to talk about poor design? Just about everybody I know of has had dead pixels on their PSP...the PSP screens refresh rate is not fast enough to keep up with movies (ALOT of very noticeable ghosting), the PSP's square button is partially over the screen, so many people had issues with the square button, and all psp's square button feels "loose"compare to other buttons.

Now THAT is poor design.

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They are both game systems in the eyes of consumers. They don't know the difference between a 3 cell processor and the power cord.

If it doesn't work it's broke, and if it's broke someone's gonna be angry. ;-)

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Sure, that's poor design but you are changing the topic.

Xbox is a game system. If Microsoft wants to be in the game system market then they need to build a quality game system.

Joe 10 year old gamer really doesn't give a flying **** about a hard drive, if his game system is dead he is gonna ride his daddy's a$$ till it's fixed and well dad's gonna be angry because he just dropped $$$ on it.

None of these people care what's in it, all that matters is that it's broke.

Quit being a geek and think like them for a minute so you can figure it all out. ;-)

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The point is the system is MUCH more complex then a PSX and creates a ton more heat...electronic devices that create heat shouldn't be placed on a rug and that's common sense. I think it's actually in the first page of the manual...DEVICE PLACEMENT. It's very much common sense, and for those that just fail to understand why a $400 electronic device shouldn't be placed on a rug...well going to school couldn't hurt. :)

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My point is that a consumer could care less what's in it. They paid a lot of money for it and in their minds (rightly so) it doesn't work.

You aren't making a solid argument at all, game systems are played by kids. If you had any kids you would know that everything they own is on the carpet (somewhere) and that's just how it is.

Complex doesn't matter one bit if it doesn't work.

It's a bad design, and that's the bottom line.

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So you buy your 5 year old an xbox 360 and two weeks later complain that he broke it?? Yea your argument makes so much more sense then mine!!

Parents buy their "kids" a $400 "toy"...and then let the kids decide where to put it? Any parent who's a parent would at least set up this expensive "toy" for their kids...oh wait, that would actually require some "parenting"...nevermind continue with your MS bashing...

EDIT: Consumers who spend $400 on a game can at least read the very first few pages of the manual on device safety ESPECIALLY if this particular consumer has no idea wha the just purchased like you seem to think.

"I just purchased a "water safe electric razor" and it stopped working!! I'm suing!!! Oh wait...I wasn't supposed to change the batteries INSIDE a full bathtub?!!"

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Did I say that I did that?

I'm not an average consumer just as you aren't however you and I are the minority.

They want to be in the game market then they will have to design a game system that can stand up in the game market.

That's the bottom line, sorry if it's not what you want to believe.

Atari wasn't wildly successful because they sold products that didn't work the day after christmas.

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So is gillettes electric razor not successfull because the "average" consumer doesn't know that changing batteries inside a bathtub is a bad idea? After all "average" consumers are as dumb as bricks...water proof razors should be water proof all the time, just like an xbox360 shouldn't have problems running on a 5" rug.

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Whether the average Joe Schmuckatelli knows about it or not is not the issue. It's still something that has to be acknowledged, and that's why there is a warning in the manaul to prevent overheating.

Now, I know there are some XBOX's that are overheating possibly due to defects, but I think it's probably not anywhere near the numbers people are claiming right now.

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PS2 was worse than Xbox, and Xbox 360.

I doubt PS3 will be any different either, tons of problems.

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thats funny then why did i never have any problems with my PSX or PS2 both are still running strong and i put in tons of hours of gaming on them. still runs smooth even when i have a 60GB HDD in it.

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PSX and PS2 had MANY more problems on their release. 6 years from now you'll have people saying "funny...my xbox 360 has been running fine for 5 years, why is PS4 so buggy??"

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Thank you for the laugh fewt, that was pathetic. So you cannot set your XBOX on the carpet for five years? Boo hoo, go file a lawsuit and see what happens.

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i agree withg you and rijp

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i agrre with you on this one JUST READ THE DAMN MANUAL

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your a stinken ms hater you probably doent have one and anyway trust ms becouse look at the range of gaming and computer stuff they done thats more than you can say

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my ps2 is having loads of frezing problems and my ps1 did smoke came from my ps1 and im just hade it my mother had to folk out loots to get a new one it could'nt be fixed sony should get back to tv's and leave gaming alone

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the service says ding ding correct

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There isn't anything wrong with mine..

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No problem here either, It appears to be a small problem but everyone is blowing this way out.

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If anyone read up on the issues too, you'd notice why people had these problems.

For one, people cover up the ventilation on the 360. That means air can't get out, so it overheats.

The other, don't put your 360 on the carpet. Bad for any console.

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My local news showed a XBox 360 which was burning a second hole in the discs when the unit was place horizontal. Now that seems to a problem!!

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I had hi hopes for the Xbox 360, but I am disappointed now. I know that this is only the tip and it may get worse.

EDIT: To to clear this post up; I don't truly believe that the problem is as large as some are making it out to be. I do believe that we will see many others trying to ride this horse.

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When I put my computer on its side it cracked a CD in two and the monitor went all funny!

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Your edit I agree with people will take advantace of this

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Good for them, it's not like Microsoft can't afford to be held accountable.

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yea i once put a cd in with a crak on its side and it broke inside the cd drive.
http://360-hacks.com xbox 360 hacks news mods and reviews. Prizes soon maybe a xbox 360 if people join up more

360hacker

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No one, except the law firm involved will make money. You might get a coupon for a month or so of X-box live, but that is about it.

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Especially since Microsoft is already repairing/replacing them already in the first place, the only thing that this lawsuit would bring is yes, more money for lawyers.

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I think I will defer these comments, many I am thinking myself to the people on this board. I don't want to steal anyone's thunder, and I think what this thread illustrates, has my vote and 100% support.

These are some really great reasons, and I will not try to contradict them. Very good commments :)

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thank u for that comment, I would not have been able to go on without that lol j/k ;P

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This is just a get rich quick scam Microsoft has already offered to quikly fix any of these problems even paying over night delivery both ways this person is just greedy and i hope the court throws this case out. I don't know what the warrenty is on the 360 but i hope it runs out by the time this case is thrown out and Microsoft tells him to bad you had your chance.

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Debate proper or don't reply.

Funny your reply made me remember an old sig someone used on a different forum(I dreamed i was eating chocolate pudding and woke up with a spoon in my a$$)

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Freaking hilarious. This is bad use of the Judicial System. This is not Apple stonewall tactic, Microsoft openly admited there was a problem with a small number of 360s and within THE FIRST WEEK they opened up a mailin exchange program paying for all shipping and handling.

Microsoft should be applauded for their efforts in keeping the customer happy. The reason why they are doing it so swiftly might not be to help the consumer instead cause its new and its christmas, however it is in the customers best interest.

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I think it's rather ridiculous. The suit I mean. The ipod was VERY different. If there wasn't a mass 'voice', Apple would NOT have given people replacements. They told people they were fat, or stupid. And that's wrong. In this case, all people have to do is go get a replacement. In the past, this is what people did. Now, the first thing the American does is sue. In any case, obviously it only affects SOME of the consoles because there are xbox 360s at Walmarts and Targets around the U.S that play demo games over and over from either 8-9/10pm or in some Walmart cases, 24 hours.
And no, it's not about rushing ANYTHING to market. Every single electronics manufacturer out there has issues with batches of hardware put out. Cell phones, dvd players, TVs, PCs, you name it and at some point a batch will have issues. Anyway, I hope he loses. And I hope they countersue for 'wasting their time'.

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Wow! Less then 3% is a lot! It's like every 34th machine is defect! I thought it was more like 1:1000, but 1:35 the chances of getting a bad apple is really high! It's like playing roulette..

Evenso I don't think a class-action is nessecary, a liberal repair policy is definatly enough.

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Just someone trying to make a extra buck. Microsoft has already acknowledged the problem and is exchanging those units for working units.

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I don't give a crap! I'm gonna buy one no matter what it takes. People are buying these things and they don't even have HighDef TVs. These posers are hoggin up all the 360's and ruining it for the rest of us awesome people with big awesome TVs. I think people who buy a xBox 360 should have to show proof of ownership of a HighDef TV in order to be aloud to buy one. Take that and stop whining. All you little cry babies sound like T.O.!

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Congratulations, you win the most retarded comment of the day award.

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is this guy for real. man whatever he is smokin i want some.

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ipod nano.. xbox 360.. what´s next?

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xbox nano? so small you can mistake it for a piece of cereal. Good with milk, might still overheat tho.

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I hope he wins.

The point is that companies need to be held to higher standards. They need to quit releaseing crap to the market because the consumer says it's "OK".

Software, game consoles, everything.

Never had problems with my Nintendo64. Why do people have problems with their XBOX and now the XBOX 360? Crappy Quality Control and rushing to the market before Christmas.

Loooooooosers :)

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Who's had problems with their Xbox? I can't think of anything major.

Look at Sony though.

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Higher standards equals higher prices.

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dud think of it if companies like dell acully would put good quality parts in there computer would you be able to afford it. the cheapest computer would be at least $2500.00. and if Xbox 360 that is $800.00can has low quality parts in it man i would cringe at how much it would be if there was

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I have my x360 for over a week and it has been running fine for 6+ hours straight at a time. So far so good.

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to Crispy777:

3% of all shipped consoles ... this means worldwide .... i dont know where you get that "34" from... anyways ... thats still a pretty low percentage ... considering that microsoft is actually replacing them.... whats wrong with this person suing .... did he even try returning the product ... ???? i hope he looses

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3% of 100 = 3 machines per 100 ~ 1 for every 33.3333 machine ~ on average, 1 of every 34 machines is affected.

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33.3333 would round down to 33, so 1 of every 33 machines is affected.

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ID BE WILLING TO BET THAT MOST OF THIS FORUM POSTING DONT HAVE A X360 FOR ONE. HERES THE THING IF YOU SPEND 400 + ( I SPENT 640 FOR ALL MY GOODIES) DOLLARS AND FIND THAT YOU HAVE A PROBLEM YOUR GONNA BE PI-SED OFF . AND IN A TIME WHERE ITS HARD TO COME BY ONE OF THESE PEOPLE DONT WANT TO HAFT TO DEAL WITH THE FLAUSTRATIONS OF RETURNING OR REPAIRING A BRAND NEW UNIT !! THEY, LIKE ANY ONE ELSE WANT A PRODUCT THAT IS GOING TO PERFORM AS STATED AND BE HAPPY . BUT WHEN THINGS HAPPEN AND GOODS ARE FAULTY PEOPLE ARE GOING TO DO WHAT THEY CAN TO RECTIFY THE SITUATION. WITH OUT A DOUGHT THE GUY WITH THE LAWSUIT IS GOING TO FAST FOR THE SITUATION AT HAND AND IN SUCH WE ALL KNOW THAT THAT AINT GONNA GO NO WHERE. THE ONLY REASON PEOPLE ARE MAKEING SUCH A DEAL OVER THAT IS CAUSE WE ALL SEEN IT ON THE NEWS OR FROM THE WEB. I PERSONALLY HAVE DELT WITH ONE PROBLEM WITH THE 360 . MINE HAS FROZEN SEVERAL TIMES ALREADY AND I CAN COUNT ON TWO HANDS HOW MANY TIMES IVE TURNED IT ON. AND IN SUCH TO PROTECT MY INVESTMENT I JUST YESTERDAY WENT BACK TO BEST BUY AND PURCHASED THE TWO YEAR PRODUCT REPLACEMENT WARRENTY WITCH SHOULD COVER ME AND NOT HAFT TO DEAL WITH MICROSOFT AT ALL INTILL NEEDED.( SMALL PRICE TO PAY TO PROTECT $50 )I DONT THINK PEOPLE SHOULD OVER REACT ON OTHERS THAT DID NOT GET WHAT THEY SHOULD HAVE AND THATS A WORKING UNIT. IN THE END WE ALL LOVE MICROSOFTS PRODUCT AND WILL CONTINUE TO PURCHASE IT, THEY HAVE DOWN RIGHT THE BEST GAMING MACHINE AROUND ( BESIDES HAVING A EXPENSIVE PC ) WE AS CONSUMERS JUST WANT THE BEST FOR ARE MONEY, FOR MOST PEOPLE THE 360 IS CLOSE TOO A WEEKS PAYCHECK IF NOT ITS A GOOD CHUNK FROM IT. PLEASE MICROSOFT JUST FIX THE SITUATION AT HAND SO WE CAN PUT SONY TO ITS GRAVE !!

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buy the way my360 came from the launch party in the desert wher only3500 lucky people got thers .. i was about the 100th person to receive a official launch 360

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Hit the CAPS key again, I think it's stuck.

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Well, can't really take you seriously, or read your post. until you learn to use a keyboard.

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I think that every one needed to calm down and look at some facts.

I am an electrical engineer and an also about to become Microsoft certified. I do not like Microsoft very much and am much more of a linux/unix person, but I HATE people being so arrogant as to sue a company, because the product did not work right. It is Microsoft’s problem if they do not make it right, there the ones that loose money.

Now something about the hardware.

Look at your computer feel how much heat is produced. Most of you have one, or maybe a few have two processors most of you do not have any thing close to 3Ghz processor, unless your comp is less than 2 years old. As speed increases so does heat. All of that heat you feel is coming from the processor in your computer. Now if you have a P4 multiply that heat by 4 if you have something older multiply by 6 or 7. Now look at the top of the line video cards they have there vary own fan, and produces a large amount of heat. You are now getting a sense for what Microsoft and the other next generation console manufacturers have to deal with. They are able to take all that heat and place it in a space a quarter of your computer case. Just the fact that it is able to operate with out becoming red-hot is a major achievement.

You also need to give them some room they are experimenting with a completely new processor for them. All of windows software is designed for the x86 Intel architecture they are now using a moving for there game console to the possessor that enterprise servers and Macintoshes use the PowerPC this uses a completely different architecture and instruction set, so they have little tested software to work from.

Lets consider support, In my experiences as a network admin, I have found that about 1 in 30 computers that you buy has a problem, you then have to ship it back and who knows when you will get a working one. Now from what I have heard Microsoft is handling there support superbly, overnight shipping both ways, that is amazing. I hope all of you can live with out your new console for at least a week, if not you need to get a real life. If you don’t want this console and are mad because you have to get it fixed, consider this you might have to wait a week to play the Xbox 360, but you will have to wait about a year from what I have heard to play a PS3.

Conclusion
These new consoles are pushing technology like race cars. This is all new and one knows what will happen when it is shipped. Remember a public release is the best testing of a product known to man. Like any testing there is sure to be problems. Please be patient not only to Microsoft, but to all of the companies that make things in the word, from genetically grown grass to supercomputers.

So much for my attempt to be brief,
Thank you
Comphappy
feel free to e-mail me, but if i find you offencive you will be black listed

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I think that every one needed to calm down and look at some facts.

I am an electrical engineer and an also about to become Microsoft certified. I do not like Microsoft very much and am much more of a linux/unix person, but I HATE people being so arrogant as to sue a company, because the product did not work right. It is Microsoft’s problem if they do not make it right, there the ones that loose money.

Now something about the hardware.

Look at your computer feel how much heat is produced. Most of you have one, or maybe a few have two processors most of you do not have any thing close to 3Ghz processor, unless your comp is less than 2 years old. As speed increases so does heat. All of that heat you feel is coming from the processor in your computer. Now if you have a P4 multiply that heat by 4 if you have something older multiply by 6 or 7. Now look at the top of the line video cards they have there vary own fan, and produces a large amount of heat. You are now getting a sense for what Microsoft and the other next generation console manufacturers have to deal with. They are able to take all that heat and place it in a space a quarter of your computer case. Just the fact that it is able to operate with out becoming red-hot is a major achievement.

You also need to give them some room they are experimenting with a completely new processor for them. All of windows software is designed for the x86 Intel architecture they are now using a moving for there game console to the possessor that enterprise servers and Macintoshes use the PowerPC this uses a completely different architecture and instruction set, so they have little tested software to work from.

Lets consider support, In my experiences as a network admin, I have found that about 1 in 30 computers that you buy has a problem, you then have to ship it back and who knows when you will get a working one. Now from what I have heard Microsoft is handling there support superbly, overnight shipping both ways, that is amazing. I hope all of you can live with out your new console for at least a week, if not you need to get a real life. If you don’t want this console and are mad because you have to get it fixed, consider this you might have to wait a week to play the Xbox 360, but you will have to wait about a year from what I have heard to play a PS3.

Conclusion
These new consoles are pushing technology like race cars. This is all new and one knows what will happen when it is shipped. Remember a public release is the best testing of a product known to man. Like any testing there is sure to be problems. Please be patient not only to Microsoft, but to all of the companies that make things in the word, from genetically grown grass to supercomputers.

So much for my attempt to be brief,
Thank you
Comphappy

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Math is wrong!!!
3% of 100 = 0.03*100
you were doing 30 or 33 percent you are off by magnitudes

3% of 100 = 0.03*100=3
That means 3 in every 100 is fulty that is amzingly good, unlike 33.

Sorry i thought you said 33 out of 100 my bad. but still look how many mass produced computers are DOA

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We don't have enough information yet on this issue... If MS can proove they have sufficiently tested their product; they'll win... If they can't; if the product was pushed out the door as most products are then, well; we'll have to see...

Yes, there can be problems with heat, however Engineering departments usually analyze this with the appropriate methodologies and tools, run tests (burn-ins, run-ins) for many hours to determine failures, their modes, how to improve upon things, etc... Products that have problems with heat should in theory not be making it into manufacturing, however speaking from experience in several companies; what generally happens is that marketing/management pushes these products out their door, and bases their descision to do so off estimated field-failure rates derived from QA testing, etc.

Someone had compared against computers, however there are quite a few differences there. Computers generally come with a plethora of hardware/software configurations. This can cause stack-tollerence issues, etc. The XBOX 360 to my knowledge has limited configurations.

I'm not siding with anyone until I have the details...

Blah, blah, blah....

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I kinda think you all have way too much time on your hands and can't talk about nothing about nothing. When a 1st generation game-console debuts, wait for the second generation to be released. Then you'll have a much better machine without all the flaws like the 1st generation Xbox 360. Remember the P4 processor that debuted years ago. They too overheated and creted fires in some store displays. I know this, because I worked at a Bestbuy when it happened in our store. We pulled all the 1st generation P4 computers and sent them back to the manufacturers. Micro(sucks)soft is just experiencing the same thing. It's a flaw that they aqre offering to fix and repair for free. Stop being so petti over the Xbox 360. If you were smart like the most of us, you wouldn't have bout the 1st generation Xbox 360 in the first place. "SHAME ON YOU!"

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Ok people, so what have we learnt about this conversation, that MS are probably one of the worst in computer manufactures, butthey are making a really big effort to improve customer satisfaction, all americans are selfish rich tw@ts who have nothing better then to sue, We have also learnt that sony are better and will continue to dominate the consule market.

I dont think i will be buying an x-box i am a ps man,

and buy the way leave all the technical crap to the profesionals, its what they get paid 150,000 a year to do

i dont understand most of what you guys are saying, but then again i have a girlfriend so i dont have as much time on my hand to do research all this stuff and then take the mickey out of everyone else who doesnt.
that means you rijp, you low life virgin

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this is messed up, MS made a mistake launching this soon, people like me that want to get one ar enow having second thoughts becuase of issues like these, i would pre-order one only i have too many doubts about the systems reliability. MS need to fix the issue and produce systems that are not going to overheat every second, and we shouldnt have to turn off the console for 15 minutes every hour!!!! this is a perfect opportunity for Sony to now come along with there new product promoting its superior tech and rleiability believe me im sure you all agree Sony are going to use this as the perfect opportunity to get more sales and thanks to the sincere people at MS, Sony can now actually promote reliability.

AND ANOTHER THING!!!

to all of you supporting MS, believe me im a fan of theirs and would love to have a 360 over PS3 but clearly you think Microsoft are not responsible for a faulty console, well guess what, they made it and made people pay a huge price tag for it, these consoles arent cheap whether its the core system or the full fledged thing... and when you have to put up with crap from a console worth $400 we see how you react, and also how would you like the convenience of having to send off consoles deal with the xbox support services and make sure MS pay for everything. well too all of those that dont blame MS i hope your 360 becomes as messed up as your comments and then maybe you will see what its like to have to put up with crap

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