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Lawyer behind Xbox Live suit speaks out


Multiplayer caught up with Jason Gibson, the lawyer for three Texas residents that have filed a lawsuit against Microsoft for the problems that began plaguing Xbox Live at the end of 2007. Gibson was quick to dismiss the notion that his clients were merely trying to "get rich" and that the Live problems are "to them, a real issue." Gibson explains that Shannon Smith, on of the three plaintiffs, contacted him after receiving no response from Microsoft regarding Xbox Live's issues. Gibson explains that a class action lawsuit is the only method for dealing with large companies, saying, "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 further asserts that Microsoft must have anticipated the rapid influx of Live subscribers at the end of 2007, which is what the company blames for the persistent problems. Microsoft, thanks to a recent gag order, will not comment on the status of Xbox Live due to the pending litigation, though they will be offering a free Xbox Live Arcade game to Live members as an apology.

So, would fixing the problems end the suit? Not according to Gibson, who claims that he has received emails from hundreds of gamers, most of them in support of the cause, and that fifty more plaintiffs have now joined the case. While the plaintiffs undoubtedly want the service fixed, they are also seeking damages in excess of $5 million for the money spent during the outages and other problems. So, given that there are 10 million Live members now, and assuming Gibson wins the suit, we're really looking forward to our $0.50 check from Microsoft.

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Reader Comments (Page 3 of 4)

Sammy D Kat41

1-16-2008 @ 3:26PM

Sammy D Kat said...

Shannon Smith, plaintiff: "It took me an extra 20 seconds to get matched up on Team Slayer! Waaa, waaa! I want a dollar! Mommy!"

Reply

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AnOffday42

1-16-2008 @ 3:50PM

AnOffday said...

I'm a big MS fanboy, but something needs to be done about this Live issue. It was total crap. Also, something else to think about - where's our free game we were promised?

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Intentless43

1-16-2008 @ 3:53PM

Intentless said...

You can thank the gag order from the law suit holding back any details of any game.

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Fizzle44

1-16-2008 @ 3:58PM

Fizzle said...

The Plaintiffs in these cases rarely ever stand a chance of getting a significant amount of money. The Lawyers on the other hand generally take home 50 to 80% of the settlement. So someone IS trying to get rich here, it's just the people that are already rich, so goes the American way.

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Benjamin0945

1-16-2008 @ 4:19PM

Benjamin09 said...

Ummm, we would be lucky to see 50 cents out of this if they won the class action lawsuit. Lawyer fee =....depends on hours. SOO we might be lucky to see ....10 cents!

I'll stick with the free game they are going to proved us with!

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Premo46

1-16-2008 @ 4:30PM

Premo said...

Fifty cents isnt going to help anyone who can afford xbox live gold.
I would much rather they force microsoft to donate it to some charitable organization rather than to the consumer, if they honestly HAVE to sue over this.
Besides, were already getting a free arcade game.
If its worth even 400 points normally, theyre basically giving us 4 dollars each, which is 8x more than the suit anyway.

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c4v3man47

1-16-2008 @ 4:42PM

c4v3man said...

Actually $5...

We need tort reform... when Microsoft can force the plaintiffs to pay for Microsoft's legal fees when this case is dropped is when we'll see fewer lawsuits like this.

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Knight Marquise48

1-16-2008 @ 4:58PM

Knight Marquise said...

C4v3man,

THANK YOU!!! Yes...tort reform. We need it.

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Jonman49

1-16-2008 @ 5:06PM

Jonman said...

10 million subscribers. yeah, 60% of whom have Silver accounts, so (a): can't play online anyway, and (b): don't pay a cent for the limited service they get, so shouldn't be due any compensation.

So I'll look forward to my $1.20 cheque.

Frankly, the offer of a $4 or $8 XBLA game looks generous in comparison, does it not?

I advise anyone who's offerred the chance to join the class action lawsuit to turn it down. Frivolous lawsuits like this just line rich lawyers pockets. Screw 'em.

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James50

1-16-2008 @ 5:13PM

James said...

I'm a bit confused: is the only reason we don't know what the game we're supposed to get is (or how we're supposed to get it) because of this lawsuit? Because that would royally piss me off.

Oh, and about the dollar figures: I could legitimately see it being worth up to ~5 dollars, because a 1-month card (which *somebody* must buy, 'cause they still sell 'em) has an MSRP of 10 dollars, and the outage was bad enough to complain about for close to half a month. Granted, *most* people probably paid more like a buck or two, but I could see a court figuring based on the worst-case cost, not the average.

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Intentless51

1-16-2008 @ 6:15PM

Intentless said...

you are already an idiot if you are buying a one month card...

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Toph52

1-16-2008 @ 6:05PM

Toph said...

I'd happily forfeit 50 cents just to keep getting service updates again...

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quesadia19@hotmail.com53

1-16-2008 @ 6:23PM

[email protected] said...

OBJECTION!
sorry i just had to say it...

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x silence x54

1-16-2008 @ 6:49PM

x silence x said...

@ Phocas

Get a grip loser. If you don't stick up for your rights as a consumer then that's fine. Don't get on me because Major Nelson twittered. You think that I give a flying **** that he can blog? I didn't do this out of greed. I did this because I paid for a service that has barely worked for the past month and I wanted my month of XBL back since I was unable to use it. Your defending a corporation that needs to be put in check once and awhile. You think I'm going to feel guilty about demanding a product I paid for? This is MS were talking about. Not some mom and pop store that made an honest mistake. And FYI, the lady that I talked to (in Canada) agreed that I was entitled to a month. She's giving me a card code and not cash. God I hate this site sometimes....

but I guess the term "Fanboy" is used.

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CARNAGE RULES55

1-16-2008 @ 8:06PM

CARNAGE RULES said...

I find it hard to believe that you couldn't play over live at all. Yes, it's not running as smooth as you're used to but, the first real hiccup and you're going to the BBB. I'm not saying you shouldn't get what you paid for but, everything gets a bug once in awhile. I think that Live has been going strong for 5 years and people got spoiled with great service. Take this Live outage as an example of what the service could be if it's free. Live will get back to normal but, let's make sure it stays a pay service and NOT free. Because the latter will suck.

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CARNAGE RULES56

1-16-2008 @ 7:42PM

CARNAGE RULES said...

xenocidic said...
and you forget the lawyers get a cut, so it's really like $0.25

xenocidic, don't be ridiculous an ethical lawyer will only take 1/3 so, it's about .34 cents.

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EricOSU57

1-16-2008 @ 9:32PM

EricOSU said...

Let's be honest the only guy getting paid on this frivolous lawsuit is the scumbag lawyer. I mean you don’t think he’d waste his time and money if the wasn’t collecting some of that $10 million up front. So our $.50 will be more like 5¢, awesome I hope I don’t spend it all in one place.

I’ll take some downtime and my free xbox live arcade game, besides granted some matchups have been slow to find on Halo 3, overall the service has improved 10 fold since X-Mas.

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M. Dizzy58

1-16-2008 @ 11:32PM

M. Dizzy said...

Okay here it is plain and simple. Xbox Live is a paid service. I don't care if I'm paying 25 cents for it, once you ask me to pay for something, I expect to be able to use it consistently. $5 a month times 10 million users is more than enough to handle the load.

It was more than two days of inconsitency.

Also in a class action suit the lawyer and the initial plaintiffs get a separate disbursement from the settlement for being a "Friend of the Court". In all honesty, there is more credence to this suit than the million dollar I was a dumbass who spilled hot coffee on my lap lawsuit. Granted that's not saying much but you get my point.

I'm heavily pro Microsoft, but plain and simple if I had called regarding the live issues and gotten no response...I'd be calling a lawyer too.

But 5 million isn't even a slap on the wrist when you think about it. 10 percent of the revenue from a month of Xbox Live subscriptions.

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M. Dizzy59

1-16-2008 @ 11:39PM

M. Dizzy said...

And that's why the points system works. When you get people used to buying stuff with points instead of cash, they might forget the real value of the purchase: 400 points = $5 not $4.

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Donald60

1-17-2008 @ 4:16AM

Donald said...

In the TOS of Xbox Live they don't guarantee that it will be online 100% of the time. They also don't owe us anything, if you cant get a game going...go outside or gosh read a book.

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