It will llikely be the magnet in the top spindle. Does the drive eject when a cd is in the drive? If so, then it should be the magnet that is the culprit.
To overcome this put small pieces of tape on the surface of the top spindle,make sure they are flush, and be sure that the spindle still moves freely with the tape applied. Keep adding pieces until the drive ejects.
If you would prefer not to tape the top spindle, just place an old CD that you do not care about in before you power down, this way a game disc will not be potentially scratched on power up, and the cd will keep the strength of the magnet in the spindle from creating as strong of a contact with the drive hub.
Good Luck
QUOTE(biscoito @ Aug 15 2007, 02:32 PM)

not the case, it seems that the tray gets stock on the drive cover, I can open the drive as long as the cover it not on it