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It doesn't matter what it is. You will not win a case against M$ in a lawsuit. For example, we all know M$ knew about RRoD problems, and they got sued for it by some dude in California and the guy used all the same reasoning and sources we would use to prove the situation after like 5 360s failed on him.....and M$ still won.......

http://www.thestandard.com/news/2008/10/17/xbox-360-rrod-class-action-lawsuit-filed-california

If you can't beat them when that much evidence is stacked against them, and any sane person would find them guilty...you can't beat them in any lawsuit