Microsoft May Have To Defend Itself Against Disk Scratching Allegations
What is more frustrating that buying a new video game for $70 and finding that someone has scratched it? Finding a scratched $70 game that has been ruined by the very thing that you are supposed to play it on.
Falling on deaf ears, gamers around the globe have been saying that their games have been ruined by their Microsoft game consoles, but for the first time, Microsoft may have to answer to the allegations being thrown at them by immigration attorneys.
A lawsuit that was waged over ten years ago is finally getting its turn on the Supreme Court docket as it prepares to hear the case against the Microsoft Xbox 360 game owners. The disc-scratching class action lawsuit is finally being heard. A case brought against Microsoft has been stalled and put to the side since 2007, which has angered Xbox owners across the nation.
Xbox 360 owners brought to the attention of Microsoft that the games Halo and Gears of War were scratched by the Xbox 360 console. Microsoft at the time admitted that the games could, in fact, be scratched, but only if the console was moved around while the game was being played. If the disc was spinning while it was hit or moved, it would cause the game to be ruined and unplayable.
That was the finding through the admission of Microsoft itself. That, however, was not enough for Xbox to stop the sale and make corrections. Knowing that the potential existed, they continued to sell the games choosing to put a warning label on the discs instead of correcting the problem.
Gamers insist that even after being warned, and taking special care to ensure the consoles were not moved during play, the discs still got scratched. That is when lawyers got together to bring about a class action lawsuit against the company. Over nine years ago, the lawyers insisted that if the console was scratching discs, then it was the responsibility of the company to fix the problem and to reimburse the gamers for their scratched games.
That has not been on the only suit involved in the disc scratching scandal. Since the first class action lawsuit was brought, there have been several other allegations made, but they have all been thrown out of court without even being heard. Winning the suit, at first, it has since been overturned.
Finally, the Supreme Court has agreed to put the lawsuit to rest and make a final decision on the case. According to allegations, over 55,000 disc owners have insisted that their games were damaged due to the console that was supposed to play it, in just one year’s time. Four years after, judges insisted that there were not enough defendant’s available with proof to bring about a class action suit. Likely, the same will result this time.
The question then remains how over 55,000 people could have the same thing happen to their game without any other insult, and not be heard. What could be causing the ruined discs if it wasn’t the console itself. Is it really legal that they could admit fault, not fix the console to stop it, and just put a disclaimer on the game saying that it may be scratched?
If the purchaser is responsible for the scratches due to moving the game around, how do you explain that it continued to happen even after gamers were warned? The console is not something that is typically shifted around during gameplay. In fact, the console itself is not generally touched at all during play. It would appear to be a bogus claim, and one that if Microsoft is unable to prove through evidence, they should be held responsible for the scratched games.
For the twenty cents that it takes to make the games, and the seventy dollars plus that it costs to buy them, there is no wonder that Xbox game owners are upset about what was done to their game. At least, they should be reimbursed the money that they spent on the game. The least that Microsoft could do is to replace their scratched games if they are ready to admit fault in the case.
The Supreme Court will be the ultimate word on who is responsible, and whether tens of thousands of gamers will get their money returned on games, they invested in and were ruined by their expensive consoles. We will all have to stay tuned to see what happens.