Plaintiffs Hit Back in Xbox 360 Scratch Case

Recently Microsoft responded to a class action suit being brought against it in the USA, stating that only 55,000 Xbox 360s have been reported as scratching CDs. The company stated that this figure was less than one half of 1% of the install base.

Now one of the lawyers representing the plaintiffs in the case has responded. Keller Rohrback L.L.P. has issued a statement in the case currently before Hon. John C. Coughenour of the United States District Court, Western District of Washington. In the statement, the lawyers claim that, "Microsoft fails to address Plaintiffs' allegations that both the Sony PlayStation 3 and Nintendo Wii are far less prone to disc scratching because of their slower speeds of game disc rotation and their more robust and effective disc retention designs."

The lawyers further claim that, "Microsoft should have anticipated this design defect and resolved it before bringing the product to market. Microsoft also should have taken reasonable steps to remedy the defect after its discovery beyond placing a temporary warning sticker on the disc tray and burying a statement in the user manual, because even small unintentional movements of the Xbox 360 may scratch discs and render them permanently unplayable. "

The case, unlike the discs in question, spins on. Have you had any Xbox 360 disc problems? Tell us in the Forum.

^{Source: MicrosoftNBC}