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Forums - Microsoft Discussion - Microsoft sued for 5 mil. due to xbl problems.

Saiyar said:
crumas2 said:
ssj12 said:
OnlyIsrael said:
rocketpig said:
OnlyIsrael said:

Comedy, pure comedy. And if you're trying to say lets not start the whole MS the evil empire bit because Sony is just as guilty of screwing end users over, I agree completely


My point is that if you can't find a reason to dislike every major corporation in the world, you're not looking very hard.

I pick a product I like and I buy it. If it fails to meet my expectations, I do not buy another one. It's that simple. Brand names suck and fanboys suck even more.


amen


ya, but Sony dropped DRM. =D That makes them look 100 times better.

 


Sony is diligently working to re-instate it in their music products.

 


Really. I guess they were lying when they said they were dropping it yesterday.


This is only part of the picture.  Sony has a least one company working on "better" DRM software for their music CDs.  The article in question only addresses Internet downloads.

 



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Quaid said:

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


You have to prove damages.  Period. 



CAL4M1TY said:
ssj12 said:
I hope the 3 guys win. M$ = phailure because of Vista and deserve pain to go with the trash they created.

I'm using Vista right now, it's not so bad, but it's definitely not XP though (I was expecting the next XP, what I got was a step sideways, neither good nor bad).

I doubt this will make it into the courts, there's no real basis for "breach of contract" and what else could be next, loss of income? (Obviously being sarcastic there).


It's buggy as hell!  Most software I own pre-Vista has problems.  SupCom is laggy as hell because Vista is more RAM-intensive, the BFMEII: RotWK expansion won't let me download patches, manually or not, because it thinks I'm not an administrator, and Age of Mythology won't even recognize Ensemble Online.   The only games I have that seem to be running relatively smoothly are CS: Source, Sim City 4, and maybe Company of Heroes (I've only played it once or twice since the reinstall).

I have loads of other games that I've yet to reinstall, and chances are they'll be plagued with problems as well, since most are older than BFMEII. 



dabaus513 said:

I couldnt log in for 2 days but luckily they fixed it and then i beat bioshock



I guess your right but i just wanna see ms get sued, 1 because i couldnt play bioshock for a day, 2 because i paid 50 dollars, if im paying money like that i expect no problems, and 3, ms r teh evils!

 


Since when do you need Xbox Live to play BioShock?  



We don't provide the 'easy to program for' console that they [developers] want, because 'easy to program for' means that anybody will be able to take advantage of pretty much what the hardware can do, so the question is what do you do for the rest of the nine and half years? It's a learning process. - SCEI president Kaz Hirai

It's a virus where you buy it and you play it with your friends and they're like, "Oh my God that's so cool, I'm gonna go buy it." So you stop playing it after two months, but they buy it and they stop playing it after two months but they've showed it to someone else who then go out and buy it and so on. Everyone I know bought one and nobody turns it on. - Epic Games president Mike Capps

We have a real culture of thrift. The goal that I had in bringing a lot of the packaged goods folks into Activision about 10 years ago was to take all the fun out of making video games. - Activision CEO Bobby Kotick

 

Played_Out,
"An awfully long post just to make yourself look foolish."

Wow, a post devoid of any content except for a personal attack. Is that really allowed on this forum? Sad.
-------------------


koffieboon,
"People like you are part of the problem. A multimillion lawsuit for something as minor as this is madness."


Actually, ""people like me" (peope who stick up for myself and fellow consumers) are far from the problem. The vast majority of truly bogus litigation in the US is filed by corporations against other corporations, and by corporations against individuals. The amount of individuals or classes of consumers filing against corporations is actually but a small fraction of all filed litigation claims. If you think that our court system is filled up because of "jackpot litigation" claims, then you've been hoodwinked by big money special-interest propogandists.

I could say... that people like YOU are part of the problem, since you take it up the bunghole without lube from your corporate overlords without neary a peep of resistance and rail against those who have the fortitude and determination to stand up for the very rights you cower from... but I have class, and my mother tought me manners, so I would never stoop to such levels.

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crumas2
"You have to prove damages. Period. "

Actually, you just have to convince a jury. Period.

---------------

 

Also, I think some people here are not actually understanding what "class action" means at all. The case is filed on behalf of a class of consumers. This case is NOT just 3 guys who think they deserve $5 Million because they couldnt play their games for 2 days. That is ignorance and propoganda. The fact is, this case is for EVERYONE who did not receive the service that they paid for from M$. That's a lot of people.

If you are part of this consumer class (people who paid for something and did not get what they paid for), then YOU are eligible to join the case and share in the winnings. 

This case is filed for youYou're welcome. 



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Quaid said:

-------------------

crumas2
"You have to prove damages. Period. "

Actually, you just have to convince a jury. Period.

---------------

 

 Bzztt!!  Thank you for playing, but no.  Any award has to be based on a perceived damage to the plaintiff.  It doesn't matter what the jury thinks should be awarded... the judge can override the award if it doesn't meet a reasonable assumption of damage.

 



crumas2,

I see where you are confused. I was talking about filing and winning a case, you thought I was talking about settlement amounts. If you would be so kind as to try reading again my original post that you replied to, you can see I made no mention of settlement amounts. To win the case, only a jury needs to be persuaded. Unlike a criminal case, nothing needs to be "proven" nor does the jury need to have unanimous agreement. The jury decides the settlement amount, plus punitive damages, depending on the circumstances and what they feel is in the best interest of the plaintiffs and the defendants. Then the judge can increase or decrease the amounts according to his/her political interests. So you were partially correct.

I'm happy to clear that up for you. If you are confused about anything else, I am always willing to help.


Quaid said:
crumas2,

I see where you are confused. I was talking about filing and winning a case, you thought I was talking about settlement amounts. If you would be so kind as to try reading again my original post that you replied to, you can see I made no mention of settlement amounts. To win the case, only a jury needs to be persuaded. Unlike a criminal case, nothing needs to be "proven" nor does the jury need to have unanimous agreement. The jury decides the settlement amount, plus punitive damages, depending on the circumstances and what they feel is in the best interest of the plaintiffs and the defendants. Then the judge can increase or decrease the amounts according to his/her political interests. So you were partially correct.

I'm happy to clear that up for you. If you are confused about anything else, I am always willing to help.

I read and understood your post. Class action law suits are not typically "won", they're settled. The settlement involves an assumption of damages and some sort of percentage payout of cash and/or product and/or services to the plaintiffs.

 

If I pay $50 for one year of XBL and it is out of service for 2 weeks, then my damages would amount to approximately $2 unless I can prove pain and suffering. Considering that MS has offered a free game download from XBL, which would probably cost approximately $10 if they were charging for it, their offer far exceeds any perceived damages.