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- Irvulous, on 01/05/2008, -8/+339http://www.xbox.com/en-US/live/legal/
"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."
Sorry, this is Microsoft. Game Over. - Sabin, on 01/05/2008, -3/+160Three Texas residents are about to get owned in court by MS. I don't expect people to read a 20 page EULA when they sign up for live but if they plan to go to court regarding the service they should at least take an hour to read the thing to see of they have a snowballs chance in hell of winning.
- inactive, on 01/05/2008, -16/+134I guess if you sue enough companies over dumb ***** like this, eventually you'll win and you'll never have to work again. Maybe I should start doing it...
- Noceous, on 01/05/2008, -4/+99I'm not a lawyer but this looks like MS knew this would happen. Did their lawyer even read this?
"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 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." - shinythingy, on 01/05/2008, -5/+94suing? Its a bit much
- breathofwater, on 01/05/2008, -6/+76I'm STILL having problems with XBL, sure it's not worth sueing over but I'm getting right pissed off now.
- Christbait, on 01/05/2008, -4/+67I don't get it. XBL is great but is it really that important to some that they have to go to court over a one-off major hiccup? Can't they find anything else to do during the downtime? Behave, get a life please.
Oh and good luck, because dammit, you're gonna need a lot of it to win over MS in court. - bdptcob, on 01/05/2008, -0/+63Of course they knew it would happen. You prepare for outages in the tech world.
- usajag, on 01/05/2008, -4/+59can I sue MS for not allowing us to access Live between 1975 and 2002?
- CloseTheCode, on 01/05/2008, -1/+55In stupid lawsuits like this, only the lawyers win.
- DrywallThief, on 01/05/2008, -0/+36I wish these people who tried to sue will be unable to claim their free arcade game.
- Andrewbot, on 01/05/2008, -2/+38"I'm suing because dammit, $1-2 dollars of my Gold account have been lost FOREVER!"
What whiny bitches, I guess everything is bigger in Texas, including douche bags. - bobbothegrayson, on 01/05/2008, -3/+36We already get a free game, don't be *****. It wasn't THAT terrible, mine would go down maybe once a day for a half hour or so
- Error601, on 01/05/2008, -1/+34Some people really have too much free time.
- TheLD, on 01/05/2008, -0/+29Can't Microsoft then sue them for using a service without agreeing to the terms of service?
- duser4, on 01/05/2008, -3/+29People are dying of hunger around the globe, and these people are angry they can't play their favorite games online with 12 year olds?
- dondara, on 01/05/2008, -18/+38Yeah, a texan doing something stupid, who'd have guessed that?
- inactive, on 01/05/2008, -1/+19Jesus, it's 16 cents a day. Get a life.
- prp40, on 01/05/2008, -0/+17Basically the residents suing MS are actually losing money assuming they have to pay their lawyers and pay the legal fees associated with filing a lawsuit. I'm not sure what that costs and I'm too lazy too look it up but I'd bet theres a lot of fees involved to file a suit like that.
- smackafiyah, on 01/05/2008, -0/+17"The suit doesn't claim specific damages, but notes the amount is in excess of $5 million." I never realized a week of Live is worth $5 million. They used the Dr. Evil technique.
- AfterbrthTycoon, on 01/05/2008, -3/+19The sad part is the cost eventually gets passed off to the consumer. I wish people would realize jerks like these guys cost everybody more money.
- cadmiumpaint, on 01/05/2008, -0/+16People are acting like the XBL outtage was like they were missing something important like dialysis treatments. Get over yourselves.
I think this lawsuit is just phishing for a "shut up and go away" settlement. - MasterGrief, on 01/05/2008, -3/+18I thought frivolous lawsuits were decreasing in frequency... And they might be, but these imbeciles aren't contributing to any decline in that number. Go figure they're from my state.
- Whackly, on 01/05/2008, -1/+16The people commenting here seem to agree with you but I said about as much in a post a while back concerning people asking for some kind of compensation and I got dugg down. People, apparently, don't have anything better to do. They must not have penises because, since I discovered I had a penis, I have never once found myself without anything to do.
- tmanka, on 01/05/2008, -7/+21Legal disclaimers rarely hold up. They can put in a legal disclaimer that if you house catches on fire you your entire family dies that they have no liability. Does NOT mean that it will hold up.
- Snokage, on 01/05/2008, -2/+16we aren't talking about a year. we are talking about a few hours. these children need to grow up and learn that there is other things to do besides play xbox all day.
- Viper323, on 01/05/2008, -1/+15They should try reading the TOS next time...
- exomni, on 01/05/2008, -4/+16Somebody call a WAAAAAAAAAMBULANCE!
- Natetendo83, on 01/05/2008, -1/+13anything to try and make a quick buck these days...
- alukima, on 01/05/2008, -2/+13As much as I whine about Xbox in general, I do have to admit that for $60 a year I get a lot of use out of it. For me it was only out intermittently for a few days. And even though I spend a good majority of my free time on Live there is no way I would sure over the equivalent of $5.
- etx313, on 01/05/2008, -2/+13***** losers.
- dudefather, on 01/05/2008, -0/+11there was rumblings of a class action lawsuit when the halo 3 beta got delayed for a day or two for crackdown owners
the bungie forums was a good source for entertainment at that point - oepapel, on 01/05/2008, -1/+12Wow. You can now sue when a Web Service goes down? Cool! I'm gonna sue every site that goes down because of Digg! I figure I can quit my job and make suing people my new career.
- prp40, on 01/05/2008, -0/+11Hey, I am from Tx and even I can read Terms Of Service. They should have checked that before deciding that a lawsuit was in order. I hate people like that. They don't just give Tx a bad name, it's all Americans.
- f4nt0m4s, on 01/05/2008, -1/+11fta: "but notes the amount is in excess of $5 million"
...which is a drop in the bucket for Microsoft...but i'm sure for less than half of that Microsoft will assemble a legal team of monkeys capable of reading the Xbox Live Terms of Service which clearly states that Microsoft cannot be held accountable stuff like this. I'd hate to live in Texas... - avgbody, on 01/06/2008, -0/+9If I was MS I would counter sue for lawyer fees just to prevent stupid lawsuits like this in the future, and I'm sure that MS laywers aren't cheap.
- Scopitone, on 01/05/2008, -3/+12Ah, Texas. Always a source of entertainment.
- therightclique, on 01/05/2008, -0/+9Wow, where have you been? Before speaking again, please kindly take a look at this page: http://en.wikipedia.org/wiki/Liebeck_v._McDonald%2 ...
- thisismysong898, on 01/05/2008, -0/+8Even I'm sick of having connection issues lately but I never think stuff like this is worth suing over. Although, Xbox Live needs better customer support, I actually like speaking to someone who actually knows what they are doing and can speak English
- TheNik, on 01/05/2008, -2/+10No, this one will. Human lives aren't the same thing as a privileged service. No one died or was injured by their not playing Xbox Live.
- Hoxie, on 01/05/2008, -2/+10no, but it might matter in the course of a lifetime.
- bmystry, on 01/05/2008, -4/+12God damn it more retards put Texas to shame like we need anymore.
- Whackly, on 01/05/2008, -0/+7Did they up the price of xbox live? I keep seeing 60 bucks per year quoted. I've never paid that much for xbox live and I've been on since Star Wars Battlefront came out... a few years I guess.
- sillykalcifer, on 01/05/2008, -0/+7douchebags trying to make money
- mhuggins, on 01/06/2008, -1/+816 POINT FOUR
- inactive, on 01/05/2008, -1/+8So, to you, it takes balls to be ignorant?
- dondara, on 01/05/2008, -4/+11Hey, it was a good try. Few could keep a straight face saying Bush was an ok guy.
And to Texas, cheer up, you ain't Florida! - EvilFerret, on 01/05/2008, -0/+6Sounds like you're getting ripped off. 12 months of X-Box Live for the 360 is $50 retail (in store cards). Just go to any store and look for yourself.
- solid12345, on 01/05/2008, -0/+6Full refund is alot different than 5 million dollars.
- richiestang78, on 01/05/2008, -3/+9Wow 5 million bucks, cmon. Yeah it sucked and yeah there shoudl be some sort of cash compensation but 5 mil? This is whats wrong with this country, is the ability and more sadly win cases like. This is up there with suing McDonalds cause your coffee was hot. Shoot people like this to the moon.
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