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Plaintiff's Lawyer Talks Xbox360 Class Action
>> From next-gen.biz:
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Following a class action lawsuit filed against Microsoft regarding "bricked" Xbox 360s [after October 31 fall update], Next-Gen spoke with one of the plaintiff's lawyers, who said M'soft's only defense could be, "We're Microsoft, and we can do anything we want."
Next-Gen spoke with Brian Kabateck, senior partner at Kabateck Brown Kellner, who admitted that his firm has "no idea" what the actual amount of damages sought after actually is, because it's unclear how many people this issue has affected (although Microsoft claimed shortly after the update that less than 1 percent of Xbox 360 users were affected).
Kabateck contested Microsoft's official claim that the company would pay all shipping, repair and/or replacement costs for affected consoles. "If that were true, that would go a long way to solving the problem," Kabateck said. "Unfortunately, all the reports we're getting is that Microsoft is saying 'Send your Xbox in and for 140 bucks we'll fix it.' In our opinion, they're turning their screw-up into a profit center."
Some reports on the Internet have speculated that Microsoft purposefully tailored the fall update to lock up Xbox 360s that had been modified to play illegitimate content not intended for use on the console. There's no conclusive evidence that this is the case, and Kabateck said that Ray's console was not modified.
"I'd be very concerned if I were a lawyer representing Microsoft suggesting that there would be a way to entrap people to download software simply because they've modified [a system] that belongs to them," Kabateck said. "There are two issues here. First, that's your property. You bought it, you own it. If you want, you can climb to the top of your apartment building and throw it off and break it on the parking lot."
"... The other issue is that our justice system has ways to deal with people who steal software or modify a piece of equipment in an illegal or inappropriate way. [Microsoft] can't take the law into their own hands," he said.
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Read More: next-gen.biz
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