Halo 3 crashes Xbox 360: Microsoft, Bungie face class action suit
By Ruben Francia
A class action suit has been filed by a California resident against Bungie, the game developer of “Halo 3”, and Microsoft, claiming their blockbuster video game is not fit for its purpose of being played on an Xbox 360.
The defendants have breached the “statutory implied warranty of merchantability” and “statutory implied warranty of fitness for a particular purpose,” the suit claims.
Halo 3 is supposed to run and function smoothly with the Xbox 360, but on the contrary, it consistently causes the Xbox 360 to ‘crash,’ ‘freeze,’ or ‘lock up’ while the game is being played, said Randy Nunez, who filed the class action suit.
Furthermore, the suit also asserts “Although faced with repeated and mounting consumer complaints and inquiries concerning this operational flaw in the Halo 3, Defendants have failed to recall Halo 3 or otherwise remedy its failure to function on the Xbox 360.”
Bungie and Microsoft raked in close to $300 million in the first week of Halo 3 released, according to the suit.
The class action suit seeks over $5 million in damages.
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Read more entries by Ruben Francia.
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November 23rd, 2007
I don’t get it. If the company made $300 million from the sale of a bogus product, why is the claim for only $5 million? Shouldn’t it be for the whole amount?
We’ll just have to wait and see, but if the company loses, then that makes it practical, perhaps even legal, to “breach the ’statutory implied warranty of merchantability’ and ’statutory implied warranty of fitness for a particular purpose,’” as the suit claims.
Personally I think, the way the market is now, any warranty of mechantability does not apply to software anyway. Irresponsibility is both the norm and socially acceptable.
November 23rd, 2007
this has to be the biggest load of shit i’ve heard this year. people get a life
November 23rd, 2007
lol. Looks to me like someones trying to jump onto a money maker :P
November 23rd, 2007
Heck, why not file a suit against microsoft for their inability to comply with Bungie? Or how about one against the master chief for dying when he gets shot, or why not against McDonalds for making coffee hot? RETARDED!!!
That’s what you get for playing live on the cheapest xbox, with the silver membership. That’s why they make upgrades. You get what you pay for.
November 23rd, 2007
Get a job Randy Nunez don’t be so pathetic, people like you are a cancer to society…
Any way what kind of news are these.
November 24th, 2007
No problems with my copy of Halo 3 when I played it from start to finish. I guess anything to get rich quick these days, and isn’t most software sold with a limited warranty anyways. I’m sure it states some place in the licensing agreement when you open a game or software that there maybe isssues with playing the game or using the software.
November 24th, 2007
i applaud u even if halo 3 doesnt cause crashes microsoft has gotten away with there faulty consoles for far to long they have a 100% failure rate i am sure of that ,i am on my 4th btw so im not a sony fanboy as im sure someone will accuse me of ,so sue the pants off these ppl.
November 24th, 2007
wow randy nunez you dirty shit head. i can almost guarantee that this guy is getting/got/will get beat up by halo fans for this. he deserves it
November 24th, 2007
How is someones xbox crashing a few times while playing Halo 3 worth 5 million dollars?!! doesn’t make sense to me at all.
November 25th, 2007
What a cry baby. Who said the world was perfect? Go live in a 3rd world country and find out what “real” problems are. Can’t believe the “sue everyone” mentality some people have.
November 25th, 2007
I would sue them too because I have a xbox 360 and i have the game halo 3 and it sometimes freezes, and i have to restart the console. But i would’nt sue them because its a good game.
November 26th, 2007
Hey, Bob Cobb: You’re right! Microsoft ought to be sued for causing illiteracy among game players, too!
November 26th, 2007
I think this guy is trying to get on the Stella Awards. Getting 5 million dollars for a game freezing on you is like suing Winnebago because it crashed when you put it on cruise control and got up a sandwhich(this is a real case btw).
November 29th, 2007
First off all, to bob cobb easy solution to microsofts “faulty consoles”: dont buy one. I had my first 360 go bad on me and microsoft handled it beautifly and in a timely manner, If shipping a prepaid box out is too much of a hastle for you dont invest in a 360. to SLO Town sadly enough most game players have been illiterate long before halo 3 was released, heck long before the first console was released and they will be illiterate long after this whole damn ordeal is over. and finally to Randy Nunez if hes fortunate enough to come across this post be a man and work for a living. I know its an easy ticket to get 5 million for sitting on your lazy ass, and noticing that your excuse for sitting on lazy your ass isnt workng as it should. But let me do a little bit of math cost of halo 3 69.99 cost of x box 399.99 (taking it that halo3 is the only reason you bought the console), lawsuit filed for 5 million??? 5,000,000-470=4,999,530 THAT EQUALS A WHOLE LOTTA BULLSHIT.
November 30th, 2007
I have to comment on this because I have experienced the problem this guy is complaining about. The difference between the plaintiff and myself is that I was smart enough to follow Microsofts suggested troubleshooting guides for my problem. I have discovered that when you play Halo 3 at a resolution above 720p on a High Def television the video processor in the Xbox 360 requires more current draw to render a high definition game like Halo 3 and upscale it to 1080i and 1080p. This excess current draw (mind you this is an educated guess) causes insufficient power for the rest of the console and causes it to freeze and/or shut down. Prolonged play with these conditions will eventually damage the video core and/or system. Im assuming this is the case for systems that have not been sent back to the center for repair or systems that were released after the problems with the first release were discovered. Do what MS suggests and play a few other games on your system at a lower resolution to flush the memory and try it again. This whole thought process took like 15 minutes and cost me nothing. Play the game at 720p and SHUT UP!!! By the way, this problem did cause that notorious “Red ring of death” on my console and it still recovered.
December 3rd, 2007
It is amazing to me how quickly people are to jump on this guy when its a multi-billion dollar company that put out a clearly defective product…it is equally amazing to me how ingnorant some of you are to the nature of a class action lawsuit…at the risk of oversimplifying…you take the amount of the damage suffered by the guy filing the lawsuit – 60 bucks (for the defective crappy game that doesn’t play the way it is supposed to – mine freezes every 15 minutes) and you multiply it times the number of games that microsoft sold – millions…and you get the damage “alleged” (which means not conclusively proven – kind of like an educated guess…but need >$5 million in damage for the whole class to make it a class action in federal court) in the lawsuit.
If people like this never took a stand when mega corporate whores like Microsoft put out crappy products…
Oh but what do you care anyway, right?
December 3rd, 2007
You know what Randy Nunez will get out of this lawsuit even if he wins? MAYBE a couple grand…I doubt he’s doing it for the money numbnuts.
Keep letting corporate america nickel and dime you to death…
December 7th, 2007
My son has halo 3 but his console froze while he was playing guitar hero. So, he bought another console because his old one would NOT work after it froze, even though we did troubleshoot from MS website. I think MS should at least pay for that. If any of you have teenagers then you know that they can’t wait for 6 to 8 weeks for MS to do their job. And yes, he paid for it himself, he works…. Also, a class action suit is one where many people have to be involved, not just the guy who filed it first. There are obviously several others involved here & why not? MS does rip us all off. I say, Go for it! And good luck to you!!…These giants needs to know what they do to all the ‘little people’. It won’t hurt them anyway, who are you people kidding??
December 31st, 2007
i agree with the lawsuit. I’m ashamed that i agree with it because i don’t like the ’suing’ mentality that people have nowadays but i believe it is necessary.
I bought my 360 when it first came out, the second shipment actually, and have NEVER had a problem with it. When halo 3 came out i bought it of course and played a bit but only for 3 hours at a time at the absolute most. And this is every now and then mind you not every day. One day i was playing and my 360 just froze up on me. I turned it off and on and got the red rings. I’ve called microsoft and they are fixing it for me. In the mean time i’ve used my roommates 360 to play and after 2 days of playing halo 3, i got the red rings again. We’ve sinced called about getting his 360 fixed. Now, as an experiment, i borrowed my friend’s 360 to play halo3 to see if i would get the red rings, and sure enough after about an hour and a half of play time, the game froze, and i got the 3 red rings. And none of these xboxes have ever had problems with them, so i highly doubt this was coincidence. Something has to be done about this, i can’t even imagine how many 360’s have been ruined, and how much money bungie and microsoft has made off of people buying new copies of the game, and new 360’s.
December 31st, 2007
i agree with the lawsuit. I’m ashamed that i agree with it because i don’t like the ’suing’ mentality that people have nowadays but i believe it is necessary.
I bought my 360 when it first came out, the second shipment actually, and have NEVER had a problem with it. When halo 3 came out i bought it of course and played a bit but only for 3 hours at a time at the absolute most. And this is every now and then mind you not every day. One day i was playing and my 360 just froze up on me. I turned it off and on and got the red rings. I’ve called microsoft and they are fixing it for me. In the mean time i’ve used my roommates 360 to play and after 2 days of playing halo 3, i got the red rings again. We’ve sinced called about getting his 360 fixed. Now, as an experiment, i borrowed my friend’s 360 to play halo3 to see if i would get the red rings, and sure enough after about an hour and a half of play time, the game froze, and i got the 3 red rings. And none of these xboxes have ever had problems with them, so i highly doubt this was coincidence. Something has to be done about this, i can’t even imagine how many 360’s have been ruined, and how much money bungie and microsoft has made off of people buying new copies of the game, and new 360’s.
January 6th, 2008
“i borrowed my friend’s 360 to play halo3 to see if i would get the red rings, and sure enough after about an hour and a half of play time, the game froze, and i got the 3 red rings.”
I’m sure your friend loved that. Ruining people’s XBOX’s is always a great way to keep friends.
January 12th, 2008
ya you dont see me sueing them becuse my game wont even work the campinge wont even load contint so i mean get off the law suites
January 12th, 2008
ya you dont see me sueing them becuse my game wont even work the campinge wont even load contint so i mean get off the law suites
February 7th, 2008
Umm… I don’t even know were to start, I’ve got 3 Xbox 360 one I bought a long time ago ( I believe it’s a 3rd gen), a used 360 (bought it from a dumb ass for $150 w/ 2 wireless), and a new halo 3 ED and the one I’ve had the longest (about 2 1/2 years)is still going. and I’ve never had mine lock up ever that includes normal play, LIVE, and linked games. if your “game” freezes or what ever it does … holy shit I can’t belive people in this country are so god damn RETARDED !!! maybe if we stop letting all the damn illegals in and start dealing with all the illiteracy problems … and I see alot on this forum now. we as American could stop makeing SHIT for products and start making quality item.
please people if you can’t learn to spell right put down the video games and LEARN to read and write !!!
and REMEMBER its your goverment not theres, you tell them what to do! otherwise we will become that third world country!
September 2nd, 2008
I don’t suppose he read the EULA
If he had he may have noticed that there is no guarantee of usability if that it won’t break your equipment (or the it won’t overwrite your “important” data )
Microsoft have a very well paid legal department that write these disclaimers, and as the only way to install/run software is to agree to the EULA there is no possible legal redress that isn’t negated by the agreement to the EULA
HTH ;-)
September 10th, 2009
This Randy Nunez also spilled hot coffee on him and found a finger in his chilli. Randy Nunez you are a douche.