A Chicago-based consumer, who purchased an XBox 360 console only to be frustrated by its overheating power supply unit has sued Microsoft claiming that the device has a design flaw which allows it to overheat and freeze.
The suit states that Microsoft, in an attempt to gain a larger market share by releasing its next-generation console before Sony and Nintendo, rushed the XBox 360 even though there was a vital flaw in its design.
Most of you have followed the stories of the overheating problems with Microsoft's new console through MegaGames, as well as the proposed DIY solutions suggested by some inventive gamers. According to Robert Byers, the plaintiff, there is a more intrinsic problem with the console as the overheating is not limited to the power supply but also is a CPU issue. The increases in temperature brought about by these components cause other heat-sensitive chips in the console to stop working, resulting in the various lock-ups some gamers have experienced.
Microsoft has been reluctant to disclose the exact number of people that have complained about the XBox 360 regarding the overheating and this case may well prove to be a good test for the software giant as the more people get behind Mr. Byers the better his chances of actually taking this complaint to court. Microsoft has, of course, declined to comment on the ongoing litigation but this will just bring more negative publicity to the console, especially now when shortages are raising questions regarding the launch and rumors of Samsung and Seagate having problems meeting demand on the hard-drives causing even further speculation.
Mr. Byers' lawsuit does not mention the exact compensation sought but interestingly, asks for the replacement or recall of the XBox 360 console. Many will scream that Sony has put him up to this but even if that were the case, it is unlikely anyone would sue Microsoft without having enough evidence to support their claims.
