Motion filed to dismiss overheating lawsuit
by Jennie Lees 
{ Jan 2nd 2006 at 5:30PM }
The lawsuit brought by a Chicago
man displeased with the Xbox 360's overheating problems is due to be heard on January 10th, but Microsoft are
trying to get it thrown out of court before it even begins. It seems that Robert Byers hasn't even contacted customer
support about the problems with his own 360--and it's not even clear his 360 is malfunctioning. He may be bringing the
lawsuit on the strength of others' complaints, which will make for an interesting argument in court.
In the motion to dismiss, Microsoft notes that "Significantly, Plaintiff omits the fact that his Xbox 360, purchased in November 2005, is still covered by a 90-day warranty, under which Microsoft agreed to repair or replace it, or issue a refund. In fact, Plaintiff does not allege that he contacted anyone at Microsoft about the alleged defect, let alone that Microsoft refused to honor the terms of its warranty. Moreover, Plaintiff does not allege that his Xbox 360 ever malfunctioned. He alleges only that "members of the class have experienced malfunctions" with their Xbox 360s - not that he has.
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Reader Comments (Page 1 of 1)
jason w @ Jan 2nd 2006 6:23PM
I dont understand it anyway since every 360 is still under warrenty. It just appears they had this one ready to go before the thing hit the streets.. UMMM can anyone say counter marketing?
Craig M @ Jan 3rd 2006 4:03PM
I hope Sony gave the poor guy enough money to cover his lawyer fees. I think it's going to get expensive.
Meanwhile, in spite of the lawsuit, people lined up overnight for a second time a couple of weeks ago to get 360s.
Joe @ Jan 5th 2006 5:07PM
I got a faulty xbox 360 and it inspired me to create the following online forum
http://www.xbox360faults.co.uk