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Second Class Action Lawsuit Filed against Microsoft for Scratched Disc


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#16 wlintek

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Posted 20 July 2007 - 03:18 AM

QUOTE(eX_Do0mY @ Jul 20 2007, 03:28 AM) View Post

It's a given you never move something electronic with moving parts in it while it's in operation. The discs scratched for this reason are not M$'s fault.

remember the old days when the walkman was popular? did they generally scratch discs?


#17 Deadman1515

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Posted 20 July 2007 - 04:07 AM

QUOTE(Mega_mil @ Jul 19 2007, 07:29 PM) View Post

yeah but not for $5 million bucks. Just replace the systems and the games. Even then, it's kind of a hard thing to prove unless they are willing to sit there in court with the 360 and actually play games on it to see if it will scratch the disc. You need some kind of evidence and word of mouth doesn't really cut it in court.

The more you talk the more you prove you know nothing about what is going on. 5 million is nothing for a class action suit. Class action suit would involve potentialyy everyone that purchased a new 360 that chooses to be part of the suit receiving compensation.

#18 megahurtz

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Posted 20 July 2007 - 04:38 AM

I agree, $5 mill is nothing. Let's use some round numbers and say there are 10 million 360 consoles sold to consumers so far. Now lets get real conservative and say only 1% of them scratch disks. That would be 100,000 defective units that destroy games. They want $5 million, which would end up being $50/affected user if they could get all the cash MS would pay out. That wouldn't even cover the cost of replacing a single 360 game destroyed by a faulty console. Thats not even taking into account how much of that settlement the lawyers would get to keep...

#19 malignantmartyr

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Posted 20 July 2007 - 05:36 AM

i had a cd that got scratched in my portable cd player once...i think that was worthy of at least 12 billion dollars for a lawsuit...come on people...5 mil? get a life...the time alone that it takes to file the lawsuit is enough time to have worked and earned enough money to buy the game...there are real trials and court cases that prbly need some attention...not some dumb tard looking for media attention

#20 DuBob4432

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Posted 20 July 2007 - 06:48 AM

QUOTE(malignantmartyr @ Jul 19 2007, 10:12 PM) View Post

i had a cd that got scratched in my portable cd player once...i think that was worthy of at least 12 billion dollars for a lawsuit...come on people...5 mil? get a life...the time alone that it takes to file the lawsuit is enough time to have worked and earned enough money to buy the game...there are real trials and court cases that prbly need some attention...not some dumb tard looking for media attention


do you understand that the 2 people don't get the $5M? it would be spread out over whoever was in the class. i was just part of a $60M+ class action settlement w/ ~7500people, and people get from $300 on up, and the lawyers took a couple $M.


#21 Lordscr

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Posted 20 July 2007 - 08:10 AM

Why not make a class action suit against the DVD consortium for not making a requirement that would make all DVD's out a special glass disc instead of plastic that can't be scratched.
The way the suit sound is that MS purposely made the console to scratch discs.
Also theoretically, the disc's don't belong to us, we just own a license that allows us to use the disc.

Edited by Lordscr, 20 July 2007 - 08:13 AM.


#22 Chancer

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Posted 20 July 2007 - 08:17 AM

QUOTE
7500people, and people get from $300 on up, and the lawyers took a couple $M.

The real winners from any legal action.
Mine has not had the disc scratching or the hardware failure but if it did suffer from these things. I would already have binned it and I wouldn't buy another.
I read through a lot on here how come if people have had all these issues with their 360, they will still defend it to the hilt against any other console that does not have these problems (Wii, PS3, Original Xbox).
Seems to me a lot of people have serious problems with the 360. The redesign due has a lot to correct.


#23 sicknasty413

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Posted 20 July 2007 - 11:45 AM

My Elite (I think it was my Elite) scratched my GH2 disc.. It has a giant ring around it. Pretty cool actually. lol.

Works fine though. Which is good, because every now and then, I just have to be a rock star cool.gif

#24 signal-to-noise-ratio

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Posted 20 July 2007 - 11:57 AM

This has nothing to do with moving the console while its on.

This has everything to do with (as shown in that video on xbox scene front page few months back) the fact that internally some dvd drives if I recall the brand correctly it was the Toshiba Samsung, Do NOT Have cushioning around the lens that they should have to protect disc while in drive. They funny thing also being those similar drives for the pc DO have the cushioning around the lens.

While, Yes, some people are dumb enough or accident prone enough to move the console while its on not everyone is doing this and still people who dont are getting scratched discs.


Found the link. Thanks xbox-scene for posting this earlier.

Note: Watch Whole video. They describe problem near end.

http://www.xbox-scen...VykeIGNuzNQ.php

Edited by signal-to-noise-ratio, 20 July 2007 - 12:09 PM.


#25 Chancer

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Posted 20 July 2007 - 12:20 PM

QUOTE
Do NOT Have cushioning around the lens that they should have to protect disc while in drive.

There should be no contact with the laser or any part of the Laser assy if the drive retaining mech or Tray is designed correctly. There are thousands of drives for all sorts out in the wild and the vast majority function perfectly.
Adding "cushioning" is some after thought in an attempt to compensate for poor drive design.

Edit
I just watched that video again and the guy doing the checking is that dumb he moves the 360 with the disc in.
Check the design of the tray in relation to scratched disc problem. Check the way the trays are stepped.
Check the design and size of the centre spindle. any problems require more than an afterthought. The disc should spin without any angled vertical movement as it spins. when it doesn't then it is the blame of the mechanism that holds the disc.

Edited by Chancer, 20 July 2007 - 12:35 PM.


#26 briguy2004

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Posted 20 July 2007 - 01:54 PM

You guys are retards, i dont know if this has been covered but ms will replace your scratched disks for FREEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE FREEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE





yes


FREEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE#E#E#E#E#E#E#E######............
{>}<{>}<}{>}<{>}{<>{}<{>}<{>}<{>}<>}{<>}<{><}{>}<{>}<{>}{<>}{<}>{<}}<{>}<>}

#27 UltimateNinja9

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Posted 20 July 2007 - 02:23 PM

@ briguy2004

How do you get your scratched disks replaced for free? Here MS has a disk replacement program but it costs money and only covers 10 specific games.

#28 l_oliveira

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Posted 20 July 2007 - 03:29 PM

QUOTE(wlintek @ Jul 19 2007, 11:06 PM) View Post

the PS2 is designed to be placed vertically and horizontally so is xbox360. if you move the PS2 from vertical to horizontal it does not scratch disc while playing. the funny fact is: every new xbox360 from box has a sticker telling user not to move the console while playing.

i reckon ms does need to review the design of the dvd rom. not only disc scraching but also the problem with the samsung drives being unable to eject known as the magnet is too strong for the motor to drive the tray via a rubber belt. actually the same problem existed in the samsung drives for xbox1. surely ms does not know/care what has been going on. are their service centres required to feed back those info?

ms did great job on the security to protect the console . sadly they did not pay the same attention to the hardware design.



I work with PS2 repairs (I repair 360s too, here in Brazil)
PS2s can and WILL scratch discs too if it's not in a good working condition (dust or weak laser)
The clicking sound people hears when it does "DRE" is the lens hitting the disc, like a "punch". Since the disc is spinning, it does scratches in a circle shape. The case with Xbox 360 is a bit worse because the discs are DVD Dual layer (more sensitive to scratches than single layer) and the fact that 360 discs spin much faster, making deeper grooves on the disc when the lens touch the disc (which should never happen.)

In CD ROM/CD audio players the focal distance is a bit bigger so the lens don't need to be so close to the disc. I guess you never heard of a Playstation or Sega Saturn scratching discs, did you ?

This is a issue with the DVD design (the lens have to be close to the disc) and all Microsoft and Sony can do is replace the discs. The issue with Playstation 2s is less worse just because the discs spin in a slower speed.

I hope this was informative.
And yes I don't think people can ask 5 mil for a scratched disc which can be easily replaced. Maybe the guy is pissed because he has to move his "fat ass" out to get the disc replacement ... lol

#29 eX_Do0mY

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Posted 20 July 2007 - 05:33 PM

QUOTE(wlintek @ Jul 19 2007, 10:54 PM) View Post

remember the old days when the walkman was popular? did they generally scratch discs?


Well, something that was never intended to be moved tongue.gif

#30 Knasen

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Posted 20 July 2007 - 06:49 PM

Americans and their lawsuits... *sigh* I bet US of A got alot more lawyers than any other country in the world. You people seem to sue anyone anytime for even silly reasons. Come on, grow up and act like adults and stop this suing sillyness.




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