Microsoft, Bungie Get Sued Over Halo 3, Again

By Marcus Yam, published on September 11, 2009 at 2:41 PM
Source: Tom's Guide US | Keywords: , , , , | Themes: Digital Entertainment
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Apparently he didn't finish the fight.

Randy Nunez of California two years ago sued Microsoft and Bungie over Halo 3 because the first person shooter game supposedly repeatedly froze and locked up his Xbox 360 console.

Apparently the first suit filed didn't get the results that Nunez wanted, pushing him to file the suit again. TG Daily found a new filing with similar claims, which reads: "Defendants knew or had reason to know that Halo 3 was being purchased by consumers for use on an Xbox 360 and that the buyers of Halo 3 were relying on Defendants' skill and judgment to furnish goods suitable for that purpose.... However, Halo 3 does not function with the Xbox 360, and to the contrary, attempted use of Halo 3 consistently causes the Xbox 360 to 'crash,' 'freeze' or 'lock up' while the game is being played."

Given that the first filing didn't get off the ground, we have doubts as to the effectiveness of this second attempt.

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Comments

kyeana 09/11/2009 8:58 PM
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umm...fail much?

captaincharisma 09/11/2009 9:00 PM
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sounds like another ignorant loser trying to make a quick buck. newsflash buddy there were allot more games that did that to the 360

festerovic 09/11/2009 9:01 PM
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wow what a dumbass. To have the expectation that software is flawless in 2009 is ignorant.

MSFT will settle out of court for a new controller and a lag switch.

daft 09/11/2009 9:02 PM
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hmmmm. i wonder if this person ever tried another disk?

hellwig 09/11/2009 9:03 PM
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The_Blood_Raven 09/11/2009 9:19 PM
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Never had a SINGLE problem with Halo 3, or my Xbox 360 at all for that matter.

jellico 09/11/2009 9:19 PM
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You know, I go back and forth on these lawsuits. On the one hand, I side with captaincharism who referred to these guys as, "ignorant losers trying to make a quick buck." On the other hand, companies get into the practice of releasing beta-test quality software as RTM with the attitude of, "We'll just release a bug-fix for the problems that come up." In that case, I think it's good that they get spanked every once in a while to remind them that this is not an acceptable business model.

shrex 09/11/2009 9:28 PM
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how much do you think that guy is spending trying to sue them

RicardoK 09/11/2009 9:48 PM
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jellico, even tho MS may release some (most) softwares with bugs I fail to see how one Halo 3 copy would freeze just his console and no other. Seems to be a 2006 console that is failing but it hasn't RROD yet. Why not just claim a warranty for the 360? It's cheaper..

@shrex maybe he is his own attorney and he is taking legal classes.

MustWarnOthers 09/11/2009 9:49 PM
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The biggest problem with these trivial lawsuits is that the average human being picked for jury duty tends to be a total dumb ass.

If a case makes its way to court, jurors picked at random quite often award massive settlements to human beings so idiotic and devoid of common sense that it's surprising they can feed themselves on a daily basis without being injured.

Yet, time and time again, these people walk away with millions of dollars, all the while driving up Insurance Rates for the rest of us.

njkid3 09/11/2009 9:51 PM
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major7up 09/11/2009 9:53 PM
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Come on, if it was freezing and other games were fine, try exchanging for another disk. This suit should be thrown out on the account that he is an idiot of the highest caliber.

invlem 09/11/2009 9:56 PM
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I'd consider Halo 3 one of the cleaner titles to be released. I've had far buggier games in the past. Played through the entire campaign in one sitting (As did many other people I'm sure) without problems, this guy just wants some easy money.

rooket 09/11/2009 10:01 PM
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why not just try to sue over ODST bans :) that'd make a little more sense. m$ is effectively tampering with your console when they do that and not allowing you to use your online content you buy.

tayb 09/11/2009 10:09 PM
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njkid3 :
never had a problem you know you why. cause i have a ps3 and they dont do that.



Yeah. PS3's only have problems with dying blu-ray drivers. Not that those are really necessary. Only had to replace my PS3 twice.

kentlowt 09/11/2009 10:09 PM
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shrex :
how much do you think that guy is spending trying to sue them


I will cost him nothing but a retainer fee. The lawyer does the work for his cut of the lawsuit settlement. Yet microsoft will spend thousands on lawyers and research just to answer the lawyers discovery questions and make the the first court appearance. Yes it is that messed up...

jellico 09/11/2009 10:21 PM
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RicardoK :
jellico, even tho MS may release some (most) softwares with bugs I fail to see how one Halo 3 copy would freeze just his console and no other. Seems to be a 2006 console that is failing but it hasn't RROD yet. Why not just claim a warranty for the 360? It's cheaper..@shrex maybe he is his own attorney and he is taking legal classes.


Hey, I agree with you. It's far less trouble to get your Xbox serviced, or to exchange your copy of Halo 3. But, for some people it's all about the reckoning (or the money, in the case of frivolous lawsuits).

As for the cost of attorney fees... well, if he can find a lawyer who thinks the defending company will settle (which is what most of these ambulance chasers are looking for; they really don't want to end up in court), then the case would be taken on contingency. Basically, if he wins and the company pays a settlement, the lawyer takes a third off the top, then the legal expenses sans the lawyer's fee will be deducted, and if there's anything left he'll get his payday.

This is why lawyers make so much on lawsuits and the victims get so little. One of the main lawyers who sued the DOW-Corning over health problem supposedly caused by breast implants made over a billion dollars in fees from the class action suit. It bankrupted DOW-Corning not once, but twice. The victims received between $10,000 and $250,000 each. In 2006, having found no evidence that silicon breast implant cause ANY health problems, the FDA once again approved them for use in elective breast augmentation surgery. The scumbag lawyers, however, don't have to give back any of the money from their fallacious and frivolous lawsuits. You gotta love our legal system!

quitoman 09/11/2009 10:22 PM
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I wish people like this didn't exist. I guess it's kind of funny how stupid that guy is though

Matt_B 09/11/2009 10:25 PM
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Quote :However, Halo 3 does not function with the Xbox 360, and to the contrary, attempted use of Halo 3 consistently causes the Xbox 360 to 'crash,' 'freeze' or 'lock up' while the game is being played.


My Halo 3 was a launch disk, never had a problem. My Xbox was a launch model, didn't have a problem. Must have been a widespread problem for sure...................

The legal system is way overdue for an overhaul!

eatmeimadanish 09/11/2009 10:26 PM
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my yugo broke when I put my Halo 3 game in it... they owe me for that too.

homerhellboy223 09/11/2009 10:31 PM
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this is why you buy a gaming comp and play any game smoothly

redgarl 09/11/2009 10:40 PM
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jellico 09/11/2009 11:05 PM
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quitoman :
I wish people like this didn't exist. I guess it's kind of funny how stupid that guy is though


I wish the LAWYERS who bring these sorts of lawsuits didn't exist. They are an embarassment to what used to be an honorable profession, and contribute nothing of value to society. It's more like legally sanctioned theft.

gmcboot 09/11/2009 11:10 PM
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Quote :It was already proven that Gears of War, Halo 3 and extremely demanding games are significantly reducing the xbox 360 lifetime.


Proven by who? I love when people read something on a 12 year olds blog somewhere and start quoting it as if Socrates himself wrote it. I own both consoles and have never had a problem with Halo 3, RROD and all the other things people claim to have had 87 times.

This guy suing MS is a douche. He's the same type of guy that would sue you for not anticipating at how big of a douche he is and taking the anti-douching precautions by never allowing him out of his house.

ricdiculus 09/11/2009 11:29 PM
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Microsoft should get sued, just not over Halo. How about for knowingly selling defective hardware? Seems that should be easy enough to prove.

eddieroolz 09/11/2009 11:38 PM
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The most fail lawsuit I've seen today...

VioMeTriX 09/11/2009 11:53 PM
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how do we know he didnt mod his xbox, or live in a dusty dirty house, or any other number of factors that could be the culprit.... ive put in over 400 hoursd on halo 3 and never had a single lock up.... had a meltdown when my son tripped and spilled a soda on one of my xbox's....but thats my own fault

scoob 09/12/2009 12:18 PM
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Hmmm a former EU employee.

carlhenry 09/12/2009 12:23 PM
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eddieroolz :
The most fail lawsuit I've seen today...



i second that.
what a bummer he is.

ssalim 09/12/2009 12:28 PM
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If I buy a computer from company X and this computer keeps locking up from playing a game which company Y made, and the game works fine on other computers, I would sue company X instead of Y. However in this case X=Y, but he's whining it all wrong, he should be suing because xbox360 is defective, not because of a game.

Mrhappy50 09/12/2009 1:37 AM
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ether MS doesn't like him or he broke a mirror and got 7 years of bad luck.


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