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Lawyer Speaks Out on Xbox LIVE Lawsuit
>> From mtv.com:
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When three Texas gamers couldn't get online to play "Call of Duty 4" or "Halo 3" on their Xbox 360s last December, they decided to sue.
In a class-action lawsuit filed January 4, gamers Keith Kay, Orlando Perez and Shannon Smith claim that they and millions of other Xbox Live users suffered damages in excess of $5 million.
In his first interview with the press, the plaintiffs' lawyer, Jason Gibson, explained the gamers' side of things to MTV News.
"These are not guys looking to get rich," Gibson said in a telephone interview from Houston Tuesday. "They are in their late 20s and 30s. They are college-educated. These are not young kids who just turned 18 and [want] to sue for the fun of it. This is, to them, a real issue."
"When you have one person who is mad and they can't get a response, and they can't get their complaints addressed by a company like Microsoft, the only way to get their attention is in numbers," Gibson said. He said the company had to have known what was going to happen with the Xbox Live overload. "If they had not anticipated the sales, then they would not have put out that many units of the Xbox to begin with." Last week, Microsoft announced that Live had reached 10 million subscribers and claimed record-setting revenue for consoles sold in 2007, covering strong sales through the holiday season. Gibson said that proves Microsoft's priorities were out of order.
"They take the money for the subscriptions, but they don't make sure that the service is going to be there," Gibson said. "They kind of put the cart before the horse. To me, you make sure the service is going to be there. Make sure the product is going to be there. And then feel good about taking money for the service and the product."
Dennis said Microsoft could not comment on the lawsuit because the company has yet to be served. Gibson is in the process of doing so, after which Microsoft will have 20 days to respond to the suit.
With Gibson proceeding and Xbox blogger Hryb gagged from updating gamers about Live's status via his site and his Twitter feed, gamers will have a harder time figuring out just how well Live is working. When asked where gamers should go for status updates, Microsoft's Dennis said, "We will be communicating with our customers through our normal channels, such as Xbox.com and other means."
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Full Story: mtv.com
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