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Post by vinitwins on Dec 7, 2006 15:44:34 GMT 6
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Post by vinitwins on Dec 13, 2006 11:07:47 GMT 6
www.next-gen.biz/index.php?option=com_content&task=view&id=4378&Itemid=2According to the complaint, the plaintiff and class are asking for awards worth at least $5,000,000, although this amount could vary depending on how many people were affected by fall update issues. The complaint said thousands could have been affected by similar fall update problems.
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
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 illigitimate 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.
But even if Ray or other plaintiffs in the class had modified their hardware, would Microsoft be in the right to brick consoles in order to protect its copyrights? "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 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.V
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