Much to the likely chagrin of Microsoft, a federal judge announced this week that he was letting a lawsuit that had to do with the Xbox 360 console scratching some game discs to move forward. Ars Technica is reporting the 9th US Circuit Court of Appeals made the ruling on Monday and basically set the table for Microsoft to have to face off against a potential class-action lawsuit. This ruling is actually the second one that appears to be a rather big loss for the company. In March another court said the firm could be the victims of a class action suit.
The suit, which dates back to 2007 says that Microsoft “negligently designed and manufactured” the Xbox 360. The suit also says that the console was “unable to withstand even the smallest of vibrations, and that during normal game playing conditions discs spin out of control and crash into internal console components, resulting in scratched discs that are rendered permanently unplayable.”
In return, Microsoft has said that the disc-scratching issues affected only 0.4 percent of systems by disc-scratching. The company further argues that the main cause of gouged discs is actually consumer misuse, not a product defect. It appears the company is taking this seriously enough that it has actually included a clause in the Xbox One terms of service that doesn’t allow for people to file class action suits because of any defects with the Xbox One that might be found. That won’t protect the company against whatever is coming when it comes to the Xbox 360.
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