Humm that 5 million lawsuit will never win that is if you look at xbox and xbox360's term of use agreement that each user must accept in order to use microsoft's xbox live service. It is possible that those users could get an amount but not of damages exceeding the amount they paid for in xbox live fees. You can read more about term of use for xbox live at http://www.xbox.com/en-US/live/legal/
6.6 Refund Policies. Except as stated otherwise, or as otherwise provided by applicable law, all charges are non-refundable. If you signed up for an annual Service and paid the annual fee with your Payment Method, we may provide you a full refund of the annual fee if you cancel within the first 60 days of your Service. Additional information about refunds is available at http://www.xbox.com/live/accounts/default.htm
17. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
You can recover from the Microsoft Parties only direct damages up to an amount equal to your Service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to:
-any matter related to the Service,
-any matter related to content (including code) on third party Internet sites, third party programs or third party conduct,
-any matter related to viruses or other disabling features that affect your access to or use of the Service,
-any matter related to incompatibility between the Service and other services, software and hardware,
-any matter related to delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Service in an accurate or timely manner, and
-claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if:
-this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
-Microsoft knew or should have known about the possibility of damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.
