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Microsoft Facing Halo 3 Class Action Suit

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Microsoft Facing Halo 3 Class Action Suit

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Microsoft is facing yet another class action lawsuit, this one filed by a disgruntled customer who claims that despite the package in which Halo 3 is sold claiming the game is compatible with the Xbox 360, it does not actually run on the Xbox 360.

Randy Nunez of California launched the suit, which also names Halo 3 developer Bungie as a defendant, after purchasing the game in mid-October from a Gamestop location in San Diego. "Relying on defendants' skill and judgment to furnish goods suitable" for playing on the Xbox 360 console, Nunez laid down his $59.99 plus tax and headed home with his purchase. When he attempted to play the game, however, "Mr. Nunez's Halo 3 videogame repeatedly locked up, froze and/or crashed while being operated on Mr. Nunez's Xbox 360 console."

"Defendants have breached the implied warranty of fitness," the suit claims, "because the Halo 3 videogames freeze, lock up and/or crash the Xbox 360 videogame console when operated in their particular purpose of use on the Xbox 360. Defendants continue to breach the implied warranty of fitness to this day because they have failed to correct the defect in Halo 3." While the suit does not specify how much money Nunez is after, it does state "Nunez and the Class sustained damages including, but not limited to, the purchase price of Halo 3."

Released in North America on September 25, Halo 3 generated $170 million in its first day of sales in the U.S. alone, with 3.7 million copies sold in the U.S. as of November 15. The game was also responsible for a massive influx of users to Microsoft's Xbox Live service, and drove the Xbox 360 console past the Nintendo Wii to the top of the September sales chart.

It is unknown what steps, if any, Nunez took, including exchanging the game for a new copy or trying it on another console, prior to launching the suit. The full text of the complaint is available here. (PDF format)

Permalink

I... um... ah... uh...

Unexpected halt in operation comprehend_suit
Abort Retry Ignore?

-- Steve

Seems a bit ridiculous, but at the same time; hell Bungie (and developers in general), let's make games that work.

That's a bit retarded. Don't blame Bungie. Defects happen. When I bought FF VIII my copy kept crashing, I brought it back to the store and got a new one, I never even considered brining a lawsuit against them because I got the 1 out of maybe 200,000 copies that are defective. This is gold digging, plain and simple.

And I thought lock up, freeze, and crash were just what XBox 360s did.

Class example of American Ambulence chaceing, why dosnt he just take the fking thing back to the shop for a swap, and if that dosnt work, its his console that dosnt work.

360 is probs broke any how...

freaking moron.

lol, Americans and their lawsuits.

Fucking facepalm'd at this one.

Cynical Nonoplace:
lol, Americans and their lawsuits.

Fucking facepalm'd at this one.

Don't lump us all in with this idiot, please. I'm a yank, and I facepalm'd.

I hope the judge dismisses with prejudice.

He's not going to get anything, except for maybe his 60$ back...the lawyer who took his case should be barred from practicing law...
I'm a yank as well, facepalm that Prick.

This is patently ridiculous.

Microsoft knows the Live take-up rate, how many gamertags have played Halo 3, and how many copies they've shifted. It won't take much for them to show that the vast majority of copies work just fine.

This guy is going to lose, and then it's going to cost him a lot more than the price of the game. Quite why he didn't just return the defective copy to a shop is beyond me.

Wow. Howza 'bout you take it back and swap it? This guy must have been hit on the head a lot as a child. Prime example of why I want to leave this country.

While I think a class action suit is overkill people calling this guy a moron for actually complaining are in fact more moronic than this guy is. You sound like someone in an abusive relationship, you have been punched in the face so many times that you have begun to believe that such behavior is appropriate. Users basically should not complain when games like The Darkness contain bugs that make it impossible to complete the game because a player has done a side quest before chapter five? They shouldn't complain when a game breaks just because you decide to remap the buttons as is the case with the 360 version of the Orange Box (Remap any action to the dpad and you lose the ability to switch to the weapon class mapped there by default making it possible for you to disable weapon switching entirely, and I am being nice in calling it a bug.)

Then there are all the problems with both versions of Assassin's Creed...Am I the only one seeing a pattern here yet? The patching business is getting way out of hand now, I think that these companies need to be sued so that they stop releasing games that have not been properly QC'ed I can't think of any other item that people will buy that is advertised as properly working and is in reality broken, and the manfacturer gets away with the mere promise of a patch to fix the issue.

It's time to get out of this abusive relationship as far as I am concerned.

I fully agree Shadow Skill, my first thought upon reading this news was "About time someone does that." Only in the entertainment industry do people tolerate such grand errors.

Imagine buying a car, and upon malfunctioning being told the brakes will only operate once they release patch 1.04.

As for the bug mentioned about the Orange Box, there's a reason I play PC games on the PC.

Anyway, this isn't going to go anywhere. I'm pretty sure that there are several documents listed having to do with defective products that will void this before it gets any considerable distance.

Also, while I may be currently living in Japan, I resent the remarks of those trying to lump me in with this idiot.

By this reasoning, any company that creates "entertainment" can be sued if you do not become "entertained" by their wares. It did not fulfill it's design.

So, Zemeckis, I want my money back for Beowulf!

and everyone should get half their money back for KOTOR2, Wind Waker and any Star Trek game produced by interplay. :)

If the poster for Beowulf advertised a 120 minute movie including three monster fights, but delivered only a five minute shot of Beowulf walking followed by 115 minutes of fade to black, then the case would be about the same. And yes, I figure you'd be fully in your rights to ask your money back.

Well this should be intresting.

I hope he wins, sorry but MS has built a crappy console in trems of hardware stability, this is the first time in history a console has had as many hardware issues.
MS has not done enough to fix it just enough to save face.....

oh wow, a video game having defects, has never happened before.

but seriously this mr. whats-his-face saw a chance for some cheap moneyz.

this kinda thing happens all the time for just about anything.
so what if this guy sues? bungie made millions upon billions of dollars.
and for one thing if this person was actually decently smart he would have sued the retailer.
truth be told, this mr. nunez is a dumbass.

If there were widespread problems with the stability of Halo 3, he might have a leg to stand on, but I think he'll have a hard time showing that Halo 3 is defective in general given the lack of widespread crash problems with the game.

I dislike buggy games as much as the next gamer, but I can recognize that as games grow more and more complex catching everything in QA will get harder and harder. I've had to debug basic multithreaded code before, and boy is it ever a bitch. On the other hand, some bugs -- like the harmonica bug in The Darkness that kept me from finishing the game until I started over from the halfway mark -- are so egregious that it's very hard to understand how they could possibly have been missed by even a half-assed QA process. So I can put up with some minor bugs, but I take a pretty dim view of showstoppers.

Imagine buying a car, and upon malfunctioning being told the brakes will only operate once they release patch 1.04.

Failed brakes could kill you. A buggy game is at worst an annoyance.

It's not even a buggy game. It's a defective disk. The game he purchased is defective.

Someone referencing cars? Thanks for showing your ignorance. Cars are tested. They are always tested. Every car you purchase has already been driven before you purchased it. That's right, every car you buy is a used item, essentially, but they make sure it works. Now, let's try to apply that to video games...oh wait, YOU CAN'T, because otherwise you'd never be able to keep stock.

All the problems he has referenced? I haven't hit them. My friend didn't hit them when he borrowed the game. Anyone I know that bought the game hasn't had these problems. It's that copy of the game, not the game being buggy.

Congratulations on being "I HATE MICROSOFT SO I'MA JUSTIFY THIS RETARDED LAWSUIT TO BE A DICK!" attitude. This guy is a moron, and so are you if you genuinely believe he is valid in this.

This is typical of the sue-and-be-sued culture that infests the United States and has, in recent years, infected the United Kingdom. Everyone wants something for nothing and when an individual with no self-respect and even less intelligence emerges on the scene, this is the kind of thing you can bet your bottom dollar on them doing.

I can't find a single way to justify or defend the accuser which is somewhat unusual and disturbing to me. Normally I can empathise with the other side of any argument but this I can just put down to greed and stupidity. It has been quite rightly mentioned by many of you that the copy of the game is faulty and not the game itself, and that he should do what any other self-respecting productive member of society should do and take it back for replacement. If that fails, then it is probably a problem with the hardware which, in turn, should be taken back for replacement or repair.

Which draws me into another point relating to the anti-ists out there. I can't stand unfounded bias towards or against anything, including consoles. I own an Xbox360 and I've never had a problem with it. I think that, in the course of the several years that I have owned it, it has only frozen on me twice. That's not to say that its design is perfect, I know one or two friends who have had disks scratched and one who claims witness to the "three red lights" of doom but that kind of thing happens and it's not the end of all creation and anyone who thinks that it is seriously needs a slap in the face with the "real world fish."

Someone referencing cars? Thanks for showing your ignorance. Cars are tested. They are always tested. Every car you purchase has already been driven before you purchased it. That's right, every car you buy is a used item, essentially, but they make sure it works. Now, let's try to apply that to video games...oh wait, YOU CAN'T, because otherwise you'd never be able to keep stock.

The point of the car analogy is to point out that in almost any other product show stopping bugs or defects would not be tolerated by the consumer like they are in the game software industry at large at this point in time.

Cynical Nonoplace:
lol, Americans and their lawsuits.
Fucking facepalm'd at this one.

Holy Fuckin' Shit, someone quoting 4chan memes in here?!

Anywho, it's nothing but a waste of time. The lawyer should have told the guy straight-off-the-bat that he wouldn't have a shitshow of winning because of the overwhelming statistics proving that about 98-99% of the copies of Halo 3 that were sold worked just fine (as people have already stated, just look at the number of LIVE accounts playing multiplayer)

shadow skill:
The point of the car analogy is to point out that in almost any other product show stopping bugs or defects would not be tolerated by the consumer like they are in the game software industry at large at this point in time.

I don't know about you, but it seems every month there's another food recall, toy recall, this recall, that recall, etc. etc. Plus, let's look at other software. Hm, Leopard shipped with a bug that, if you had certain programs installed, brought up the Mac equivalent of a Blue Screen of Death. I have opened up brand new CD's only for the disc to be scratched already, mysteriously.

Humorously enough, while everyone else in the world constantly complains about game bugs, I rarely ever run into them.

Honestly, though, if you're going to compare products, compare games to toasters or something. Not a product like a car, which is a very, very different monster. After all, you aren't exactly putting your life into the hands of the manufacturer when you place a disc into your computer or games console.

General Allegations

21. "Halo" video games are a series of science fiction games originally created by Bungie Software Products Corporation, which was acquired by Microsoft in May 1991.

--- now i'm not a mathamestatician or a regular einstine.....but Bungie was formed in 1991, not acquired by Microsoft in 1991? If i'm not mistaken, MS bought bungie back in 2000?

hmmm

im quite proud of this man, he's making a damn good point, these consoles were meant to play well, not have random errors in gameplay, personally, microsoft should be liable for not making a reliable console.

either way, it will bring a revolution in gaming, in some way or another, well, i hope so :)

JesusWept:
General Allegations

21. "Halo" video games are a series of science fiction games originally created by Bungie Software Products Corporation, which was acquired by Microsoft in May 1991.

--- now i'm not a mathamestatician or a regular einstine.....but Bungie was formed in 1991, not acquired by Microsoft in 1991? If i'm not mistaken, MS bought bungie back in 2000?

hmmm

And that has what to do with the overall issue? Nothing.

Kronopticon:
im quite proud of this man, he's making a damn good point, these consoles were meant to play well, not have random errors in gameplay, personally, microsoft should be liable for not making a reliable console.

either way, it will bring a revolution in gaming, in some way or another, well, i hope so :)

What's the point? That he got a bad disk and could easily get a different one? That he had had the console for a while and normal wear-and-tear happens so something like this is inevitable?

If you purchased a car and drove the shit out of it for two years without servicing it or doing anything at all to promote the lifespan of the car, then it broke down, would Ford or whoever be responsible? Nope. This whole thing is rubbish and the man should be flogged in public for being an asshole.

And before you say I'm a Microsoft fanboy, I JUST purchased a 360 and absolutely hated the original Xbox.

So here's what I'm thinking. If this gets to court and this guy actually wins - which I can't see as being in any way possible, but speaking hypothetically here - can you imagine the chilling effect it would have on the entire industry?

Think about it for a minute here. The next potential Troika suddenly finds itself at risk of being sued out of existence within days of releasing its debut title because, as awesome as they are at creating deep and engaging games, they're not so hot when it comes to the testing part of things. So instead of seeing creatively risky but potentially flawed games coming out now and then, we end up with a standardized gaming system and games that trade innovation for small incremental upgrades from version to version.

It's a doomsday scenario, but how anyone could imagine this wouldn't have repercussions extending beyond Microsoft is beyond me.

Malygris:
So here's what I'm thinking. If this gets to court and this guy actually wins - which I can't see as being in any way possible, but speaking hypothetically here - can you imagine the chilling effect it would have on the entire industry?

Think about it for a minute here. The next potential Troika suddenly finds itself at risk of being sued out of existence within days of releasing its debut title because, as awesome as they are at creating deep and engaging games, they're not so hot when it comes to the testing part of things. So instead of seeing creatively risky but potentially flawed games coming out now and then, we end up with a standardized gaming system and games that trade innovation for small incremental upgrades from version to version.

It's a doomsday scenario, but how anyone could imagine this wouldn't have repercussions extending beyond Microsoft is beyond me.

Why not then offer....I dunno returns as a alternative..gee saves ahell of alot of time and trouble oh thats right we cant return media because of the fake pirates that raid their revenue from games so returns are out of the question because the retail industry refuses to watch over consuemrs and back list thos who abuse it....

However one of my main problems with the 360 is its either broken or working fine and ti seems its 50/50, MS needs to be dragged to court and forced to fix that more than anything else.

Malygris:
The next potential Troika suddenly finds itself at risk of being sued out of existence within days of releasing its debut title because, as awesome as they are at creating deep and engaging games, they're not so hot when it comes to the testing part of things.

The next potential Troika.

Bwahahahhaah.

The next potential Troika will crash and burn like the real Troika did, without any help from our friends from the local courtroom. Release two or three games with great critical appeal and maddening bugs and you will either have to sell out to keep from losing your shirt, change your focus to more mainstream and simpler sppeal or go out of business and disband in the hopes that the next incarnation will work better business-wise.

As for the lawsuit, we live in a very litigious society. This is a risk with any high-profile product with vast appeal and profit.

ZippyDSMlee:
Why not then offer....I dunno returns as a alternative..gee saves ahell of alot of time and trouble oh thats right we cant return media because of the fake pirates that raid their revenue from games so returns are out of the question because the retail industry refuses to watch over consuemrs and back list thos who abuse it....

Actually, you'll find most retailers will happily offer exchanges on defective media which is by all indications exactly what happened in this case. So I'm not sure what your complaint is.

J.theYellow:
The next potential Troika will crash and burn like the real Troika did, without any help from our friends from the local courtroom. Release two or three games with great critical appeal and maddening bugs and you will either have to sell out to keep from losing your shirt, change your focus to more mainstream and simpler sppeal or go out of business and disband in the hopes that the next incarnation will work better business-wise.

But that just makes the point that these situations are self-correcting; if you consistently release buggy, crash-prone games, sooner or later you're not going to be viable anymore. And my original point stands: A successful suit against any company, large or small, for releasing a buggy game would be a major blow against the industry.

This it about the time where I wish I wasn't so apathetic and wrapped up in my free stint of Psychonaughts (that's right, I'm plugging a completely different game in the middle of a criticism)that I could send this guy a virtual bitch slap via email.

Sigh..
WTB: Ticket out of America. PST

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