Microsoft faces lawsuit for XBL outages

The story only thickens… Wire recently reported that due the holiday Xbox LIVE outage, Microsoft is issuing a complimentary downloadable game to all current Gold subscribers via it’s LIVE Marketplace. Well, we learned today that three idiots Texans have consulted with their lawyers and decided it would a wise idea to place a class-action suit against the technology giant, stating that the outages represent a breach of contract and negligent misrepresentation for which the company is liable. The plaintiffs allege that “Microsoft knew the increase in subscriptions would increase game-play on its servers, yet failed to provide adequate access and service to Xbox LIVE and its subscribers.”

I give these guys merit for what their trying accomplish, but apparently Texas school districts do not believe in teaching reading comprehension. It took me a less than two minutes of scanning Microsoft’s easily accessible Xbox LIVE Terms of Use statement located on their website, which outlines the fact that their services are “as-is,” to figure out this lawsuit won’t do well. The full clause is printed below.

16. WE MAKE NO WARRANTY
We provide the Service “as-is,” “with all faults” and “as available.” The Microsoft Parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

Although I don’t hold a degree in law, or any other collegiate degree for that matter, I can safely assume that these clowns are wasting their time and money.

Source: CNET: Bey0nd B1nary Blog