The negative reaction to this lawsuit is beyond hilarious. Whatever these guys motivations might be, they are doing the right thing, and as consumers and citizens and you should support them. Instead of being haters, you could try joining the class-action lawsuit and get in on the potential winnings, or perhaps file a class-action suit in your own jurisdiction instead. These guys have set a positive precedent so your own chances of filing a similar case are increased thanks to them. You won't get any brownie points from M$ for sticking up for them, but on the other hand you might get something out of joining the suit, even if it is a measly $5 coupon.
1) The EULA says they will not be responsible for damages. Doesn't mean anything. EULA's do not have the weight of law. In some jurisdictions, cetain terms of EULA's can be downright ignored or ruled illegal. In fact, most EULA's say this in fine print at the bottom.. "your rights may vary from state to state" or something along those lines.
2) Trial lawyers, scum of the earth! Those guys are just opportunists! Theres most definitely a lot of truth to that, but in the big picture it doesnt matter. Money motivates people, it's just a fact of life. There's a good reason why the system is set up this way. Punitive monetary damages are just about the only recourse consumers have towards mega-corporations who have wronged them in some way (Denial/failure of a fully paid sevice is wrong in most people's eyes, exept for gamers apparently). Money is the language these guys speak, and you have to speak up for yourself and others. That means hitting them where it hurts, in the wallet.
3) Layers take all the money, the plaintiffs get crumbs. Also true most of the time, but still is not the important issue. The important thing is that when a company is found guilty, they lose lots of money. They are penalized as they should be. It is up to the plaintiffs to find good lawyers who will give them a larger chunk of the winnings, or cover their legal costs, etc. Some lawyers will make sure all costs are covered until victory is declared, and eat the costs if the case is lost. It's tough to find a lawyer to your liking, but don't lose sight of the big picture.
4) Lawsuits like this make prices higher for me! Blame the company who was being stupid and got themselves sued, instead of blaming consumers for excersising their rights. Punitive damages or not, a company always makes a conscious calculated decision to raise prices, and the vast majority of the time this has mostly to do with keeping a specific profit margin on a specific product or service. Always blame the company for setting unsatisfactory prices. Vote with your wallet and boycott them or switch to a competitor with more favorable pricing.
5) They should just cancel their service if they don't like it, instead of suing. Actually, they should do both. These are not mutually exclusive actions, and are only partially relevant anyway. Maybe they do like the service and want to keep it, but it doesn't change the fact that they didn't get the service they paid for.
6) Americans and their lawsuits, What a joke! Actually the joke is on you if you don't have the opportuinity to stick up for yourself. Our system exists because we willed it so, and we will continue to use it in our favor. You have a hard time getting back at companies who fail to provide services you paid for, or you simply refuse to do so? Sucks to be you. America isn't perfect, but it's the best. That's why millions of people are still trying to get in.
7) Those guys need to get a life! Maybe. Still, they are doing the right thing. Either support them or get out of the way, but please don't bash them. You aren't doing anyone any favors.
And, last but not least, before anyone brings up the McDonald's coffee lawsuit, please learn the facts of the case before embarassing yourself. http://www.vanosteen.com/mcdonalds-coffee-lawsuit.htm
