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posted by cmn32480 on Monday January 18 2016, @05:34PM   Printer-friendly
from the can-we-scratch-win10? dept.

A class-action lawsuit involving Microsoft's Xbox 360 console has been appealed to the Supreme Court:

The Supreme Court will decide whether Microsoft must face a class-action lawsuit that claims a defect in the media giant's popular Xbox 360 console was prone to scratching game discs, rendering them unplayable.

The lawsuit alleges that vibrations or small movements of the console might cause the optical drive to scratch discs. The suit accuses Microsoft of knowing about the alleged issue before the Xbox 360 launched in 2005. According to the original lawsuit, brought in 2012, there were as many as 55,000 complaints about the scratching issue by as early as 2008.

Compared to individual suits, class action suits are much more costly to fend off and they expose companies to far greater damage awards. The Supreme Court justices did not say when they would hear Microsoft's appeal of a federal appellate court's decision (PDF) allowing the class action to go forward. But in a one-sentence note attached to an order Friday, the Supreme Court said it would focus on whether the 9th US Circuit Court of Appeals—the federal appeals court that ordered the class-action to proceed—had the legal authority to review a lower court's decision nullifying the class.

Alternate coverage at Motherboard and Courthouse News Service.


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  • (Score: 2) by edIII on Monday January 18 2016, @09:46PM

    by edIII (791) on Monday January 18 2016, @09:46PM (#291272)

    Uhhh, no.

    Closer to %0.5, if that. Assuming that would be 25c, that's more than plentiful for a single blank DVD in a mass production environment (retail for a blank is 20c-50c). The rest of your 5% would actually just cover shipping charges. I'm assuming they're not bothering with a retail box and printed manuals, just the reprinted DVD and a single DVD mailer in the mail.

    The actual cost of duplicating your copy is well less than $1, and nothing actually prevents the game publishers from effectively selling you insurance on your disk. Or.... this is crazy talk of course.... the publishers could choose to not be evil dickheads about making backup copies of your own games.

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  • (Score: 2) by sjames on Monday January 18 2016, @10:09PM

    by sjames (2882) on Monday January 18 2016, @10:09PM (#291284) Journal

    Yeah, I picked 5% to be extremely generous. As usual, they want to call it a license when you want to make a copy but claim it is a physical object when you want to replace the media. Whatever gets them more money at the moment.