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Microsoft Xbox lawsuit information

Xbox Live Gamers Sue Microsoft For Faulty Service, Lawyer Speaks Out: Exclusive

Date: January 16, 2008 | Source: mtv.com | Author: Stephen Totilo

When three Texas gamers couldn't get online to play "Call of Duty 4" or "Halo 3" on their Xbox 360s last December, they decided to sue.

In a class-action lawsuit filed January 4, gamers Keith Kay, Orlando Perez and Shannon Smith claim that they and millions of other Xbox Live users suffered damages in excess of $5 million.

What kind of person sues over their online gaming service not working? And why haven't Microsoft's announcements that they're fixing the problem not been enough? In his first interview with the press, the plaintiffs' lawyer, Jason Gibson, explained the gamers' side of things to MTV News.

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Concerns Over Microsoft's Datacenters

Date: January 8, 2008 | Source: cio-weblog.com | Author: Scott Wilson

Mary Jo Foley brought up the interesting point yesterday that Microsoft's ongoing problems with the popular XBox Live service might have implications for the company's other Live or hosted software services.

The XBox Live issues have been intermittent since the services debut in 2005 but came to a head this holiday season, when a rush of new subscribers apparently overwhelmed the hosted service, resulting in outages and service disruptions significant enough that someone has already seen fit to file a lawsuit over them. Other complaints and perspectives are offered on Mary Jo's blog, but the gist of it boils down to the fact that an estimated 4 million new users rendered the service all but unusable for many of them for nearly a month.

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Xbox Live Still Spotty, Prompts Class Action Lawsuit

Date: January 7, 2008 | Source: teamxbox.com | Author: César A. Berardini

Two weeks after Xbox Live started to experience several performance issues, Microsoft can't fix the "intermittent issues" the service has undergone since Christmas. Last night, during the 2008 International Consumer Electronics Show (CES) press briefing, the status of the service was the following:

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Xbox Live Woes Prompt Class Action Suit Against Microsoft

Date: January 7, 2008 | Source: Wired.com | Author: Susan Arendt

On January 4th, the Gibson Law Firm filed a class action suit against Microsoft in response to the interruptions and glitches suffered by Xbox Live for the past several weeks.

The suit, filed by complainants Shannon Smith, Keith Kay, and Orlando Perez on behalf of all Xbox Live subscribers, accuses Microsoft of breach of contract, breach of warranty, and negligent misrepresentation.

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Microsoft Facing Yet Another Lawsuit

Date: January 7, 2008 | Source: escapistmagazine.com | Author: Andy Chalk

Filed by the Gibson Law Firm on behalf of plaintiffs Shannon Smith, Keith Kay and Orlando Perez, the suit claims Microsoft breached its contract with Xbox Live subscribers by "failing to allow Plaintiffs to sign on or use XBOX [sic] Live; failing to provide Plaintiffs with the full features paid for, including, but not limited to, "match-making" and "account recovery;" and failing to provide uninterrupted service to online gamers." The suit, which also alleges breach of warranty and negligent misrepresentation, claims damages to the Plaintiffs "including expenses associated with XBOX Live memberships."

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Excerpts: Lawsuit Filed Over Xbox Live Problems

Date: January 6, 2008 | Source: seattlepi.com | Author: Todd Bishop

With the big Consumer Electronics Show about to start, Microsoft is facing a dust-up over its Xbox Live online service: A proposed class-action lawsuit was filed Friday in U.S. District Court in Texas on behalf of gamers affected by Xbox Live problems in December. The suit, naming three Texans as lead plaintiffs, was filed a day after the company apologized for the glitches and said it would provide a free Xbox Live Arcade game in attempt to make up for them.

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Microsoft Sued in Houston Over Xbox Live Outage

Date: January 5, 2008 | Source: 2ksports.com | Author:Discussion Forum

Three Houston-area residents filed a federal class-action lawsuit Friday against Microsoft, claiming a breach of contract after they couldn't connect to Xbox Live, the company's online-gaming subscription service.

The lawsuit, filed by gamers in Houston, Pearland and Beaumont, says Microsoft failed to live up to its promises in December, when strong holiday sales added more online gamers than its servers could handle.

Microsoft should have anticipated that the upswing in sales -- about 4 million units were sold in the last three months of 2007 -- would create issues that its hardware couldn't handle, according to the lawsuit.

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MS Sued Over Live Failings

Date: January 5, 2008 | Source: xboxic.com | Author: Ross Hayward

In all fairness, it was only a matter of time. A service that people pay for falters, stutters and generally renders itself unusable for the holiday season and people get upset. In America, if something like this happens, people sue. Sure enough, three Texas residents have filed a lawsuit against Microsoft and their failure to keep Xbox Live functional.

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Xbox Live Holiday Outages Prompts Class Action Lawsuit

Date: January 4, 2008 | Source: seattletimes.com | Author: Benjamin J. Romano

Microsoft's Xbox Live network suffered some outages over the holidays, and the company yesterday offered subscribers a free arcade download as an apology. But that wasn't enough for three Texans, who this afternoon filed a class action lawsuit against the company, alleging breach of contract.

The complaint describes the December outages -- chronicled on blogs and elsewhere -- that kept people from "accessing online play for several weeks. ... Xbox Live continues to deny subscribers access and has even issued apologies for their failure to correct server problems."

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Microsoft Sued in Houston Over Xbox Live Outage

Date: January 4, 2008 | Source: chron.com | Author: Will Radcliffe

Three Houston-area residents filed a federal class-action lawsuit Friday against Microsoft, claiming a breach of contract after they couldn't connect to Xbox Live, the company's online-gaming subscription service.

The lawsuit, filed by gamers in Houston, Pearland and Beaumont, says Microsoft failed to live up to its promises in December, when strong holiday sales added more online gamers than its servers could handle.

Microsoft should have anticipated that the upswing in sales -- about 4 million units were sold in the last three months of 2007 -- would create issues that its hardware couldn't handle, according to the lawsuit.

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Microsoft Sued Over Xbox Outage

Date: January 4, 2008 | Source: cnet.com | Author: Ina Fried

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.

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Other Documents Relating to this Case

Plaintiffs' Original Complaint (MS XBOX) FILED