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Forums - Gaming Discussion - BREAKING NEWS! Microsoft Xbox 360 "Disc-Scratching" Legal Battle! Hot Coffee Edition.

 

The Battle Continues.

I want revenge! 35 51.47%
 
I was lucky. No scratch. 14 20.59%
 
It was my fault. 1 1.47%
 
results 18 26.47%
 
Total:68

Kind of a side note, but this is one reason I like the pop-top snap-in optical disc designs. It really locks the discs in nice and tight, and stuff like this doesn't happen. Also no 'tray won't open/close' issues. It's inconvenient if you have a place where there isn't a few inches of clearance above the tray, but honestly having little clearance is bad mojo with warm/hot consoles anyway.

Well known pop-top designs (notice how historically tough most of these are)

PS1
PS2 Slim
Saturn
Dreamcast
Gamecube
PS3 Super Slim (okay, that one has it's own set of issues lol).



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shikamaru317 said:
Zekkyou said:

Wasn't the coffee case actually pretty valid? :p

It won, but it shouldn't have. Of course coffee is hot, if you spill coffee on yourself it's your own problem, not McDonalds' problem, lol.

Not nearly as bad as the Winnebago lawsuit



#1 Amb-ass-ador

melbye said:
A friend of mine had 5 of the first edition of 360, all of them scratched discs.


Damn did he buy that many 360s?



shikamaru317 said:
Zekkyou said:

Wasn't the coffee case actually pretty valid? :p

It won, but it shouldn't have. Of course coffee is hot, if you spill coffee on yourself it's your own problem, not McDonalds' problem, lol.

Coffee should never be so hot that it causes severe 3rd degree burns that need skin grafts in order to recover. If you spill it, yes, it's your fault, but it shouldn't mutilate you. You wouldn't have even heard of the story if McDonald's would have just recognized the problem, but they dragged it out and that's why they paid millions.

MS did/is doing the same thing with the disc scratching. They've ignored the claim, said it was actually the consumer's fault (like what you just said) and MS is probably going to have to pay for it.



shikamaru317 said:
ReimTime said:

Not nearly as bad as the Winnebago lawsuit

Yeah, that one was really stupid as well, "oh, I didn't know that cruise control didn't mean that the Winnebago can drive itself", lol. What an idiot.

And then there was another dumb one where a guy sued a power tool company because their boxes didn't say that power tools are dangerous. Does nobody have common sense anymore?

Oh yes I remember that one. It's equal parts stupidity and instigation by hungry law firms, who like to get ahold of public court records. I know someone who was in a car accident, and fairly soon he got several letters from lawyers telling him to sue the other guy/the government/his mother/himself etc. These guys are hardwired to find cracks in every write-up lol

*edit* didn't mean to derail the thread my bad



#1 Amb-ass-ador

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shikamaru317 said:

Too clarify, I was talking about the lawsuit over the lids of the coffee cups not saying that the coffee was hot, not the other cases. Of course coffee is hot, what kind of idiot needs a warning label that says the coffee is hot? lol

An 'idiot' who wasn't expecting McDonalds to be intentionally keeping the coffee far hotter than it should have been, so that they could reduce the number of people using their free refill promotion? ^^

Of course people know coffee is hot, which is why the lady was held partly accountable (which reduced her winnings), but she likely wouldn't have suffered the injuries she did had they not been keeping it so hot (something they'd already received 700+ complaints about). There's a difference between expecting something to burn you, and expecting it to start melting your skin off if you spill it. The latter requiring a warning is understandable.

If you're interested there's a pretty good documentary called 'Hot Coffee' that covers the case.

Anyway, i think we're getting a bit off topic As for the case this thread is about, i expect it'll be throw out again.



I worked at a game store and probably buffed out about ten billion of these scratches. Everyone said all it took to scratch the disk was accidentally nudging the console slightly. It was a huge design flaw.



Currently playing:

Bloodbath Paddy Wagon Ultra 9

shikamaru317 said:
BMaker11 said:

Coffee should never be so hot that it causes severe 3rd degree burns that need skin grafts in order to recover. If you spill it, yes, it's your fault, but it shouldn't mutilate you. You wouldn't have even heard of the story if McDonald's would have just recognized the problem, but they dragged it out and that's why they paid millions.

MS did/is doing the same thing with the disc scratching. They've ignored the claim, said it was actually the consumer's fault (like what you just said) and MS is probably going to have to pay for it.

I wasn't referring to that case, but another one involving warning laels on lids. But I feel like we're getting off topic now. My initial point was that there are alot of frivolous lawsuits. Can't say for sure if that's the case with this lawsuit or not, but I know I never had any disc scratching issues with my original 360 model, nor did anyone else I know personally. There may be legitimate cases of stationary console disc damage, but I get the feeling they're pretty rare, most of the cases likely involve moving the console with a disc in the drive, which common sense should tell people not to do. If this case wins, yes some people that had legitimate disc scratching issues will get recompense, but MS will also have to pay a bunch of idiots who moved their consoles with a disc inside, which sucks for them. Fortunately they can afford it since they're a huge company.

I recognize what your intent was. It's just that you used a false analogy. In my initial response to you, I used to the phrase "it wasn't as frivolous as the media made it out to be", so I recognized that you were saying that both the coffee lawsuit and the scratched disc lawsuit were frivolous ones with someone trying to get a quick buck.

I just pointed out that it was a bad analogy because the coffee lawsuit wasn't frivolous and came to be for legitimate reasons and it was made worse for McDonald's because McDonald's ignored the claims. And MS is doing the same thing. So actually, I shouldn't say that it's a false analogy, since MS is pretty much in the same boat (for practical comparisons, it's actually a very good analogy!) But rather, the way you looked at it was false.

And if you were referring to warning labels on lids, it probably would have been easier to just say that =/. Because what the people who have been disagreeing with you have been referring to is the "McDonald's hot coffee lawsuit" (as you said it). Liebeck v. McDonald's is informally known as "the McDonald's Coffee Case" or "the Hot Coffee Lawsuit". No lids mentioned there lol



Arkaign said:
Kind of a side note, but this is one reason I like the pop-top snap-in optical disc designs. It really locks the discs in nice and tight, and stuff like this doesn't happen. Also no 'tray won't open/close' issues. It's inconvenient if you have a place where there isn't a few inches of clearance above the tray, but honestly having little clearance is bad mojo with warm/hot consoles anyway.

Well known pop-top designs (notice how historically tough most of these are)

PS1
PS2 Slim
Saturn
Dreamcast
Gamecube
PS3 Super Slim (okay, that one has it's own set of issues lol).


I own or owned all of these except the Saturn.  I know you said "most" and I agree.  But the original PS1 was made out of peanut brittle!



shikamaru317 said:
Zekkyou said:

Wasn't the coffee case actually pretty valid? :p

It won, but it shouldn't have. Of course coffee is hot, if you spill coffee on yourself it's your own problem, not McDonalds' problem, lol.

Except as I quoted you before McDonald's said "our coffee when served IS NOT FIT FOR CONSUMPTION"

Everyone expects coffee to be served hot....not boiling.

Basically the case was like if I served ice-cream mixed with liquid nitrogen and was like, of course it's cold! The problem with the mcdonalds case wasn't that people didn't know coffee is hot. It was because they didn't know it was 10 degrees away from boiling point.