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Microsoft sued over Xbox live outage (WTF)

This is a discussion on Microsoft sued over Xbox live outage (WTF) within the Xbox 360 News forums, part of the Xbox 360 Main category; Im not that angry, the only thing that i cant get over is that we pay 60$ a year. Ps3 ...

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Old 01-04-2008, 07:02 PM   #1
 
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Default Microsoft sued over Xbox live outage (WTF)

Im not that angry, the only thing that i cant get over is that we pay 60$ a year. Ps3 pays nothing and hardly has problem.

Quote:
Microsoft now faces a lawsuit over recent problems with its Xbox Live online gaming service.
Three Texas residents filed a lawsuit Friday on behalf of themselves and others who have had trouble connecting to Xbox Live in recent weeks.
The suit, filed in U.S. District Court in Houston, claims Microsoft's outages represent a breach of contract and negligent misrepresentation for which the software maker is liable. The suit doesn't claim specific damages, but notes the amount is in excess of $5 million.
In the suit, the plaintiffs allege that Microsoft should have known strong holiday sales would tax its servers. "Microsoft knew the increase in subscriptions would increase game-play on its servers, yet failed to provide adequate access and service to Xbox Live and its subscribers."
http://www.news.com/8301-13860_3-984...=2547-1082_3-0
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Old 01-04-2008, 07:08 PM   #2
 
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This won't get thrown out. /sarcasm
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Old 01-04-2008, 07:12 PM   #3
 
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I'm sure somewhere in the XBL contract it says there is the possibility of the server being down, making them not liable. Stupid people.
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Old 01-04-2008, 07:17 PM   #4
 

 
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Yeah, This is retarded, if they didn't have that in the XBL contract, it wouldn't make any sense.
Three people from Texas against Microsoft, LAWLZLAWLZLAWLZ

This just goes to show how many people NEED to get lives.
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Old 01-04-2008, 07:19 PM   #5
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Crazy impatient people...I don't see people suing phone companies for crappy service...
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Old 01-04-2008, 07:26 PM   #6
 
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Microsoft is already offering a settlement to all members giving them a free XBLA game. This is just getting greedy.
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Old 01-04-2008, 07:27 PM   #7
 
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Meh, A few hours off doesn't bother me too much.
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Old 01-04-2008, 07:28 PM   #8
 
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It was never actually down.
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Old 01-04-2008, 07:28 PM   #9
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Quote:
Originally Posted by Adiuvo
I'm sure somewhere in the XBL contract it says there is the possibility of the server being down, making them not liable. Stupid people.
There probably is, to cover server reboots. But it doesn't take several weeks to reboot servers.

When we do monthly patching at work we reboot approximately 300 servers in about 3 hours.
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Old 01-04-2008, 07:33 PM   #10
 
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Pwned

Spoiler for Terms:
14. SERVICE OPERATION AND EQUIPMENT
The Service may only be accessed with an original Xbox, an Xbox 360 console, a personal computer or by logging into your account via Xbox.com. You agree that you are using authorized software and hardware to access the Service, and that your software and hardware have not been modified in any unauthorized way (e.g., authorized repairs, upgrades and downloads). Any attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, further sublicense, distribute or use for other purposes either the hardware or software associated with an original Xbox or Xbox 360 console or the Service, is strictly prohibited and may result in cancellation of your account and/or your ability to access the Service, and the pursuit of other legal remedies by Microsoft. Microsoft may take any legal action it deems appropriate against users who violate Microsoft's systems or network security or this contract or any additional terms as described in Section 2 above, and such users may also incur criminal and/or civil liability.

Microsoft reserves complete and sole discretion with respect to the operation of the Service. Microsoft may, among other things: (a) restrict or limit access to the Service; (b) retrieve information from the original Xbox, Xbox 360 console, personal computer and any connected peripheral device used to log onto the Service as necessary to operate and protect the security of the Service, and to enforce this Agreement; and (c) upgrade, modify, withdraw, suspend, or discontinue any functionality or feature of the Service or any game from time to time without notice, which may involve the automatic download of related software directly to your original Xbox, Xbox 360 console or personal computer, and which software may prevent you from accessing the Service, playing pirated games, or using unauthorized peripheral devices.


and more importantly:

Spoiler for Terms 2:
16. WE MAKE NO WARRANTY
We provide the Service "as-is," "with all faults" and "as available." The Microsoft Parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.


Via xbox live terms of service.

Also stated in the terms of service is the max that you can recover from xbox from complaining, which is the cost of one month. Morons filed for 5 million, HAH

Spoiler for termx 3:
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.
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Old 01-04-2008, 07:54 PM   #11

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What can you expect form Texans.
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Old 01-04-2008, 08:37 PM   #12

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But XBL was never down in the first place. I was always able to connect and send messages and such. But matchmaking was down but not completely since I was still able to get into a match.
This people are just stupid.
We pay for good service and features and I think 2 weeks out of the year we had somewhat 'bad' service is good enough.

Also, We pay 50 bucks a year, not 60. Plus no one on PSN seems to have a freakin' mic...
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Old 01-04-2008, 08:42 PM   #13
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Quote:
Originally Posted by Anti-QuickJay
Also, We pay 50 bucks a year, not 60. Plus no one on PSN seems to have a freakin' mic...
Funny because I've done group chat with 4 other people all at the same time.

Maybe people have them but just don't use them in game. I know I never use my mic in game unless I know someone in the game to chat to, even on 360.
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Old 01-04-2008, 08:43 PM   #14
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Quote:
Originally Posted by Hope_
What can you expect form Texans.
what it im a texan ._. lool anyway i think this is just like that lady that sued McDonalds over the hot coffee it just goes to show you what a sue happy country America has became. In saying that if they did win they could be lookin at some serious cash depending on what there asking for either way it still is ridiculous and the terms as you all already posted seem to cover this. Anyway thats just my 2 cents
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Old 01-04-2008, 08:48 PM   #15

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Quote:
Originally Posted by Phil
Funny because I've done group chat with 4 other people all at the same time.

Maybe people have them but just don't use them in game. I know I never use my mic in game unless I know someone in the game to chat to, even on 360.
Well I still meet some people in games, but only sometimes. I usually join and say "hi" no one replies so I start saying like, Any dumb *****es have mics to see if someone responds and they don't. I do this in Warhawk and Resistance all the time. I am lucky if I find 2 or 3 users with one...
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Old 01-04-2008, 08:50 PM   #16
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Quote:
Originally Posted by Anti-QuickJay
Well I still meet some people in games, but only sometimes. I usually join and say "hi" no one replies so I start saying like, Any dumb *****es have mics to see if someone responds and they don't. I do this in Warhawk and Resistance all the time. I am lucky if I find 2 or 3 users with one...
I find people on the EU warhawk servers all the time. I've never played resistance online tho so wouldn't know.
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Old 01-04-2008, 08:50 PM   #17
 
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I hate it when people do that, so I never respond.

Resistance usually has mics, but only during Meltdown. Otherwise there's no point in talking.
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Old 01-04-2008, 08:52 PM   #18
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i always get kicked out of games when i use a mic so i stopped
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Old 01-04-2008, 08:53 PM   #19

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Yea, I don't like that. I need to talk so thats why PSN is a big drawback for me.
But thats why my PS3 now plays movies instead of games.
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Old 01-04-2008, 08:59 PM   #20
 
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Nobody ever reads the EULA... lol
I'm sure even Microsoft overlooked it at first when notified of this lawsuit.

Oh well, made for entertaining reading.
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Old 01-05-2008, 08:35 AM   #21
 
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Quote:
Originally Posted by Darkhunter
Im not that angry, the only thing that i cant get over is that we pay 60$ a year. Ps3 pays nothing and hardly has problem.


http://www.news.com/8301-13860_3-984...=2547-1082_3-0
theres one difference between live and PS3 , ps3 online isnt nearly as good imo.

i would rather pay 50 bucks a year for better service. who cares if its down for a day or two.
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Old 01-05-2008, 08:40 AM   #22

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Sue their ass off!
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Old 01-05-2008, 09:42 AM   #23
 
 
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Quote:
Originally Posted by 13connor
Meh, A few hours off doesn't bother me too much.
It wasn't a few hours, it was a week and a half for me and many other people.

And it wasn't technically down the whole time, but you couldn't do anything when you were logged in, so what's the difference?
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Old 01-05-2008, 10:14 AM   #24
 

 
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I hate people who get all pissed off because that can't play call of duty 4 for like 2 days so they go sue.

It's like people expect tech. to be perfect and have no glitches at all.
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Old 01-05-2008, 10:31 AM   #25
 
 
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Quote:
Originally Posted by PSPgamer512
I hate people who get all pissed off because that can't play call of duty 4 for like 2 days so they go sue.

It's like people expect tech. to be perfect and have no glitches at all.
readnao V V V

Quote:
Originally Posted by DFS
It wasn't a few hours, it was a week and a half for me and many other people.
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Old 01-05-2008, 10:45 AM   #26
 
 
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Quote:
Originally Posted by %chrono trigger%
what it im a texan ._. lool anyway i think this is just like that lady that sued McDonalds over the hot coffee it just goes to show you what a sue happy country America has became. In saying that if they did win they could be lookin at some serious cash depending on what there asking for either way it still is ridiculous and the terms as you all already posted seem to cover this. Anyway thats just my 2 cents
What happened with McDonalds?
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Old 01-05-2008, 10:56 AM   #27
 

 
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Sorry but this could only happen in America.
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Quote:
Originally Posted by Hope_
What can you expect form Texans.
Exactly what I was thinking.
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Old 01-05-2008, 12:02 PM   #29

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Quote:
Originally Posted by DFS
It wasn't a few hours, it was a week and a half for me and many other people.

And it wasn't technically down the whole time, but you couldn't do anything when you were logged in, so what's the difference?
But the ONLY game that had problems for me and my friends was Call of Duty 4. It wasn't a big deal since I didn't buy my 360 to play one game so I just played Gears instead and it ran perfectly throughout the whole time. I heard several users had issues with Halo 3 also but thats it. Plus you were still able to play, just got disconnected a few times but I was able to quickly join a match right after. No biggie.
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Old 01-05-2008, 12:25 PM   #30
 
 
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Quote:
Originally Posted by Anti-QuickJay
But the ONLY game that had problems for me and my friends was Call of Duty 4. It wasn't a big deal since I didn't buy my 360 to play one game so I just played Gears instead and it ran perfectly throughout the whole time. I heard several users had issues with Halo 3 also but thats it. Plus you were still able to play, just got disconnected a few times but I was able to quickly join a match right after. No biggie.
Um, no... I COULD NOT PLAY ANYTHING ONLINE FOR OVER A WEEK... I couldn't log in for over 5 days. And even when I was able to log in, I couldn't do anything... Nothing in any games would connect, and most of the times, my Xbox live, and Games blade would never load up.

And since I migrated my HDD info from a Premium Xbox to an Elite, I couldn't play any of my Arcade games, because I couldn't log in...

Just because it worked for most of you people, doesn't mean wasn't a disaster for some. I competely agree with these guys, if they had the same experience as me.

I wish people would actually read what I type, rather than just spew their non-sense.
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