Major Nelson to sue

aeT said:
Seems like a petulant thing to do, especially considering the scale of Live.

"Oh noes I couldn't play my internet games for a bit!"
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Some people CAN get that frustrated, especially when you're paying for a service - which under your consumer rights, allowed to take it up to your service provider for the issue i.e. Microsoft.

I just hope that git who's suing is going to share what he gained with ALL end users (which I highly doubt)
 
Ok so if he is "representing" all XBL owners then surely he is sharing the compensation, should he win. Whats that 79c each or about 29p?

Stupid greedy **** I bet it gets thrown out due to the fact there will be something in the terms and conditions stating that the service is not guaranteed, AFAIK there is no SLA in place between MS and XBL customers to just "reasonable efforts" which means "we'll fix it when we fix it".

So quite frankly this guy is an opportunistic, greedy, self serving, **** who is undoubtedly making it far worse for all of us, with no intention of sharing the wealth in the hope of not having to work for the rest of his life.

Further more this guy is obviously about the stupidest man on the planet. I can not think of any company in the world with a better legal team than MS. Being sued is practically part of their business strategy ffs. No doubt the strategy they will employ is making this so expensive for him that he can not afford to take it to court

UK has dole scroungers, US has pointless litigators. Sadly we are starting to get the litigators over here too.
 
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I may be in the minority here but I haven't had any live issues.

Ok it has taken me a bit longer to get my profile loaded due to the changes but whats another 10 - 20 seconds before I play my game.

If they do win what will happen to the money?
If it is shared amongst all who have suffered then what, everyone will get about $2 or less. Is it really worth it.

Now LIVE as a service has been great having been a member now for over 2 years, I think this is the first major issue that I remember hearing about in the 5 years that LIVE has been around. I think there were initial teething problems which you would expect with a new platform but all in all the service has been great, stable and reliable. (Now I know there have been some dashboard update issues but they are relatively small compared to the number of consoles out there).

I mean MMORPG have to suffer weekly or daily downtime on servers and you don't hear them complaining about it. They have come to expect the systems to be shut off for updates and bug fixes.

With LIVE i think we forget that things can go wrong and although this isn't a catastrophic failure it is just a glitch. Think although not all 360's are connected to LIVE i would imagine the vast majority are and for a network of say for example 10 million units I think MS have done an oustanding job to have this working for so long without any major issues.

I'm up for complaining when it is required but I think MS have done and are still doing an outstanding job so far with LIVE and can't wait to see what they bring us this year.
 
I agree that they have a good reliability record. The problem I had was the lack of information about the situation, and the fact they kept telling us it was ok or had been fixed when it clearly had not.

I cant speak for others but I know had they been more upfront then I wouldn't have been anywhere near as annoyed by the problem.
 
They don't really disclose much about the status anyway, they don't go into technicalities about what is broken. "Somethings broken that we can't talk about but a solution has been put in place".

I think it's possible that the live platform is under attack from a DDoS or similar.
 
Kronologic said:
Ok so if he is "representing" all XBL owners then surely he is sharing the compensation, should he win. Whats that 79c each or about 29p?

Stupid greedy **** I bet it gets thrown out due to the fact there will be something in the terms and conditions stating that the service is not guaranteed, AFAIK there is no SLA in place between MS and XBL customers to just "reasonable efforts" which means "we'll fix it when we fix it".

So quite frankly this guy is an opportunistic, greedy, self serving, **** who is undoubtedly making it far worse for all of us, with no intention of sharing the wealth in the hope of not having to work for the rest of his life.

Further more this guy is obviously about the stupidest man on the planet. I can not think of any company in the world with a better legal team than MS. Being sued is practically part of their business strategy ffs. No doubt the strategy they will employ is making this so expensive for him that he can not afford to take it to court

UK has dole scroungers, US has pointless litigators. Sadly we are starting to get the litigators over here too.
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I imagine it will be a class action lawsuit. This means (in the USA) that the plaintiff will first have to win the case as an individual, if he should win then a "pot" of money will be allocated from the defendant (MS). This pot can then be claimed from by people in the state or jurisdication of the above action.

i.e. the guy lives in Florida, wins a class action suit of $2 million , he will get a cut of this, then lawyers/court will look after the rest and allocate out chunks as people sign the class action suit (matching its requirements, ie are you a live user etc).

Normally there will be a cut off period to claim and the remainder of the money is eaten by lawyers and or charitable causes, depending on the agreement.

It has happened thousands of times for hundreds of products in the USA for huge companies as well (GM, J&J off the top of my head) (In fact I think there is still an outstanding Class Action Suit against MS for RROD). I am unsure why people are surprised by this as this is the way the courts/judicial system operates in the USA.

The guy has a right to complain tbh, I bet of your mobile phone was disconnected and unusable for 3 days in 1 month you would complain (you are paying for a service that is not being provided, regardless of the cost).


rp2000
 
rp2000 said:
I imagine it will be a class action lawsuit.
rp2000
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I'd be surprised if it was tbh, it sounds like this guy is going it alone and most likely representing himself. Plus $5million is way way too low for a Class action lawsuit which effects over 8million people. 5million sounds is usually what people claim for when they spill coffee on themselves.
 
Typical yank stance - its a litigation society - and as mentioned above, the concept is beginning to become apparent over here - which is sad...

As for live being down - I have to say I only noticed it once when i was trying to download a track pack for GH3.. It also took ages to register MS points - but a couple of weeks out of a year is pretty damn good imo...

Tom*

//edit.. I'll still have my 3p if its goin' tho! :D
 
mehuk said:
I thought we were getting a free arcade game though? Was that just a myth?
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We are, Microsoft said it themselfs
They just aint decided how or what game it'll be.

But with this lawsuit they'll prob give us a crap game now lol
 
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