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Warranties won't necessary mean the lawsuit will fail.
They will argue that Microsoft knew the console had a high defect rate and still decided to ship the product and that a replacement is not what people that had several failures want, those people just want their money back and be out....

Would be interesting to see where this gets....
But yeah I doubt it really gets anywhere...





PS3-Xbox360 gap : 1.5 millions and going up in PS3 favor !

PS3-Wii gap : 20 millions and going down !