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Xbox 360 disc-scratching case to be heard by Supreme Court

by Ron Duwell | January 18, 2016January 18, 2016 7:30 pm PDT

Xbox 360 scratched disc

The highest court in the land is taking a much needed vacation from ground-breaking decisions by focusing on the trivial matter of a video game console that scratched a few DVDs a decade ago. Microsoft has appealed to the Supreme Court over a class-action lawsuit that it is facing regarding a “design flaw” in its Xbox 360 console, and the justices have decided to hear the case.

Microsoft doesn’t contend that the scratches didn’t happen. Instead, the case has reached a point where Microsoft is saying that it shouldn’t even be facing the “class-action” lawsuit at all. It argues this because all of the original plaintiffs have since had their cases dismissed.

What’s also impressive is that even a decade later, this case hasn’t been taken to trial. A 2012 federal judge ruled that there weren’t enough complaints to warrant a class-action lawsuit, but a federal appeals court overturned that decision.

The complaints, which plaintiffs say is close to 55,000, state that the Xbox 360’s disc drive spins too fast, and the discs scratch against other areas if shaken from the tray. The plaintiffs also claim that Microsoft knew about the issue before selling the console.

Microsoft claims that the scratches only occurred because of human error, not because of a design flaw. Indeed, this did happen to me, but that was when I moved my Xbox 360 into a standing position while it was running. That was that big “no-no,” and it never happened again after I stopped touching the machine.

Is that human error or Microsoft’ fault?


Ron Duwell

Ron has been living it up in Japan for the last decade, and he has no intention of leaving this technical wonderland any time soon. When he's not...

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