Latest Microsoft Bandwagon Lawsuit: Halo 3 is Defective

Information Week is reporting that a San Diego resident is suing Microsoft and Bungie because Halo 3 “consistently causes the Xbox 360 to crash, freeze, or lock up while the game is being played.” I have a number of problems with this allegation and this suit. First and foremost, if Halo 3 were truly “defective” or caused the problems alleged, it seems reasonable to assume that message boards and blogs alike would have been exploding with those types of complaints since October. I dare say it might have broken the internet due to the volume of vocal complaints. However, this is the first time I have seen any such allegation, between the Rooster Teeth forums, Bungie forums, and forums or anywhere on the gaming blog circuit. The suit states: “Although faced with repeated and mounting consumer complaints and inquiries concerning this operational flaw in Halo 3, the defendants have failed to recall Halo 3 or otherwise remedy its failure to function on the Xbox 360.” I would love to see a full version of the complaint and/or the “mounting consumer complaints” that are being referenced therein.

This brings me to the second issue. What the plaintiff is describing sounds far more like the well publicized problem with the Xbox 360 console rather than any problem with the game. And if that is the case, then the plaintiff should be taking advantage of the warranty repair process rather than filing a lawsuit. Which brings me to the third and final point, that given the available evidence, this seems like a rather simplistic attempt to profit from the game that set the new single day sales record. I have no problem with using the legal system to remedy actual problems, but at first glance, this suit seems like it’s either misplaced blame or a shot in the dark. Once the pleadings make their way onto the internet in full, hopefully some more light will be shed on this case.

[Via Joystiq]

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About Mark Methenitis

Mark Methenitis is an attorney in Dallas Texas. Mark received his Juris Doctorate and his Master of Business Administration from Texas Tech University and his Bachelor of Arts from The University of Texas.

4 Responses to Latest Microsoft Bandwagon Lawsuit: Halo 3 is Defective

  1. Jeremy says:

    This is the first I’ve heard of this as well. My Halo 3 and my XBOX Elite run perfectly. I would bet that these individuals have a defective XBOX and they’re now using them more due to Halo 3.

  2. Cameron says:

    Yep. Sounds like a shot in the dark. Probably someone trying to make a quick buck, and they’re going to get crushed (unless MS settles, which would be asinine).

  3. buffy says:

    I just came across this blog while looking on the internet to see if anyone else is having the trouble I am having. My kids bought the Halo 3 game on the day it came out (pre-ordered, actually) and it was great at first but then it would freeze when they tried to advance to another level. My kid called xbox and they told him there was a defect on the game and to send it back. He sent it with the reference number they gave him BUT he didn’t get a tracking number (hey, he’s a kid and he sent it via usps… sadly, this is a lesson he’ll learn well).
    Anyway, it was sent in October and he’s been calling ever since. Because there is no tracking number, they won’t send a replacement disc and they also won’t send the disc back. Essentially, “George” (the supervisor I finally spoke with today) tells me that they won’t do anything until I can come up with a tracking number… from our local post office… for a disc sent in October. In other words, we’re screwed and they won’t do anything to help.
    She (“George”) also informed me that they tell everyone to have a tracking number (my son says he wasn’t instructed to include a tracking number), as that is their policy… so, I asked that she have someone find the ONE AND ONLY disc that was sent without a tracking number, as that would be the one from my son. Not surprising, she refused. 🙂
    This whole experience was really so frustrating. I’m so angry over this that I want to take them to court myself and I may just do that.

  4. Sharlotte says:

    I do find your blog very useful and informative. Actually, I do believe that the customers are the best source of information concerning the companies and goods. If the company has more positive than negative reports then it is worth something. Consumer Complaints are very numerous at the present time. At the following web site you may find the complaints on different companies. Positive reports are rather rare. The site will help you to find out about the drawbacks and disadvantages of this or that company.

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