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Microsoft Does Something That Would Make Dick Cheney Blush

Unless they discover that the parents deliberately set their XBox on fire, M$ is going to have a tough time winning this case. At least on the PR front.
 
The next time anyone reads a news story about a huge jury verdict that seems strange, remember the mindset in this thread. Dead child + deep-pocketed corporation that people resent can equal jackpot, with jurors predisposed to punishing the defendant before they hear any evidence.
 
I don't think their public stance has helped with the resentment any. I'm sure this won't go to trial and there will be a settlement. If it does too bad for MS, they will probably lose. What's happening now is part of the dance towards a settlement. MS is trying to put pressure on the victim's family not to go to trial.

I also don't agree this is what every corporation would do. Part of a PR firm's job is to not get a headline like this to begin with by dealing with problems beforehand, especially from consumers, before it reaches the stage of a lawsuit.
 
Wal-Mart (and I presume to a lesser extent Microsoft) plays by different rules than most corporations by virtue of its size and high profile. They stake out the strategic position that they will aggressively contest litigation and not settle; otherwise they would have suits filed against them every day in every state in the union by lawyers looking for a quick and easy settlement payday from a company with huge revenues able to pay it. Wal-Mart is willing to take the short term PR hit in order to preserve its litigious reputation and ward off thousands of slip-and-fall lawsuits.
 
I would not consider setting people on fire as grounds for a final stand where they would not give an inch. By every indication they are on the offensive to head off the trial and try to get the other party to settle which is what I said is the most likely outcome.
 
Screw the thread, did Microsoft state that the fire was due to neglect on the family's part?

Microsoft, in response, has stated that the fire was wholly the responsibility of the family, and that it was the result of "misuse or abuse" of the console in question. Furthermore, Microsoft claims that the fire was the result of an "obvious" condition of which the family was aware.

On top of the death of their infant, Microsoft is asking that the family pay Microsoft's legal fees?

Microsoft is asking that the case be dismissed and that the Kline family pay the company's legal fees.

Disregarding the fact that Microsoft probably hires lawyers far beyond the economic reach of the majority of citizens, this is just the most cold-hearted thing I've ever seen. Not only do they blame the family for a defect that was well-known in their console, they have the gall to ask that the family pay them for this.

Disgusting.

Oh, and ethelred, considering the respect most of GAF gives you and the behaviour you usually display, that was most...

I dunno. It's weird, I didn't expect you to be the author of that post, and I hope I don't see like something like that again.
 
Gattsu25 said:
Wow, I've honestly lost all respect for you with this

Sorry, but I genuinely believe that any corporation or individual that is sued has a right to defend themselves, and if they believe the litigant is in the wrong, ask for their fees to be paid (which is standard practice). The fact that someone is dead does not automatically make Microsoft guilty or responsible for the death -- they may well be, and the facts may bear that out, but it doesn't do anyone any good to jump to the conclusion that they're wrong and should just quietly suck it up and pay a huge amount of money.

FlightOfHeaven said:
Disregarding the fact that Microsoft probably hires lawyers far beyond the economic reach of the majority of citizens, this is just the most cold-hearted thing I've ever seen.

But it's not. And it is routine, like I said, for just about any corporation. Read up some more on lawsuits filed over accidental or negligent death, and you'll see that these companies -- any company -- will fight back hard. It's not just a matter of money, but they're trying to protect their reputation and not see people associated their corporate brand with "murderer."

You would, too, if someone lodged such an accusation at you. The fact that Microsoft is more powerful and has money does not mean we should be faster to assume that they deserve to be punished or that they're more likely at fault. If a jury goes over the facts of this case and decides they're liable for the death, then I hope Microsoft gets fined out the ass. Screaming about evils on a video game message board, though, is just posturing.

Hey, you may think my attitude's disgusting, but if you ever get accused of causing someone's death, I think you'd rather have me on the jury than a bunch of people who are going to say, "Oh! A death! And the defendant has the gall to defend himself! Shocking! Guilty!"
 
ethelred said:
Sorry, but I genuinely believe that any corporation or individual that is sued has a right to defend themselves, and if they believe the litigant is in the wrong, ask for their fees to be paid (which is standard practice). The fact that someone is dead does not automatically make Microsoft guilty or responsible for the death -- they may well be, and the facts may bear that out, but it doesn't do anyone any good to jump to the conclusion that they're wrong and should just quietly suck it up and pay a huge amount of money.

Yup, I agree with all of this. Asking for atty's fees is pretty standard.
 
Jeez...do you people live in the real world? Asking the family to pay the legal fees if they lose is very standard. If companies didn't have the power to ask for this they could just be sued all day by people representing themselves who have nothing better to do. Its a warning that if you are trying to bring a frivolous case (not that I think this is, but it may be) against a big company and you lose it will cost you or else there is no risk in suing anyone.
 
Microsoft, in response, has stated that the fire was wholly the responsibility of the family, and that it was the result of "misuse or abuse" of the console in question.

Valid position.

Microsoft is asking that the case be dismissed and that the Kline family pay the company's legal fees.

Pretty standard operating procedure, though it is an intimidation tactic. This family is probably not capable of paying such a cost, so Microsoft is doing this in order to encourage them to accept a settlement down the road.

Furthermore, Microsoft claims that the fire was the result of an "obvious" condition of which the family was aware. Considering Microsoft did not recall power cords until February of 2005 (on account of fire concerns) we're not sure to what obvious condition Microsoft is referring.

Now this is the disgusting part. Unless they're talking about a power cord sitting in a puddle or something. Sure sounds like they're referring to the recall, though.
 
miyamotofreak said:
You know what: I dislike Microsoft. A lot. I hate their monopolistic practices, I support open source, I hate how they limit the market, I hate that they have such shit 360 policies. BUT do not at any point just disregard the story just because I submitted it.


I didn't disregard the story. All I'm saying is don't go all Judge Dredd on us. Wait until all of the facts are known before casting judgment. Book, cover, and all that other stuff.
 
Guileless said:
The next time anyone reads a news story about a huge jury verdict that seems strange, remember the mindset in this thread. Dead child + deep-pocketed corporation that people resent can equal jackpot, with jurors predisposed to punishing the defendant before they hear any evidence.


How about giving people a little more credit?

The responses here seem to be based on what evidence there is available (MS does not contest that the Xbox was the source of the fire, and the subsequent power cord recall.)

As more information is brought to light, opinions may change, just like they would at a jury trial. Stop acting like this is anything other than normal behavior for any human being.

I don't see anyone calling for MS' head right now, but given what has been made available for public consumption it's very reasonable for people to take offense. That does not mean those same people will not change their mind should new evidence be brought to light.

It's pretty self-defeating to ridicule people for judging others while making broad generalizations about their character… that goes for a few people on this thread, not just picking on you here.
 
sounds like something mr Burns would say.

free-MrBurnsExcellent.gif
 
I don't see why "Make Dick Cheney Blush" is relevant to this forum. Keep American politics out of here unless it involves a video-game violence law discussion. And the thread title does little to explain the purpose of this thread. It's not clever.

Politics / Political debate has next to zero purpose on a videogame forum. I really don't care to hear anyone's political agenda when I log on here.
 
Dirtbag 504 said:
I don't see why "Make Dick Cheney Blush" is relevant to this forum. Keep American politics out of here unless it involves a video-game violence law discussion. And the thread title does little to explain the purpose of this thread. It's not clever.

Politics / Political debate has next to zero purpose on a videogame forum. I really don't care to hear anyone's political agenda when I log on here.
Cry some more, for Christ's sake.
 
Dirtbag 504 said:
I don't see why "Make Dick Cheney Blush" is relevant to this forum. Keep American politics out of here unless it involves a video-game violence law discussion. And the thread title does little to explain the purpose of this thread. It's not clever.

Politics / Political debate has next to zero purpose on a videogame forum. I really don't care to hear anyone's political agenda when I log on here.

Dirtbag is correct and Bishop is wrong. Political trolling belongs in the political trolling (aka off topic) forum. If everyone did this shit in the on-topic forum, this place would be a cesspool (like the off topic forum, imagine that).
 
PistolGrip said:
sounds like something mr Burns would say.

free-MrBurnsExcellent.gif
Greatest bump ever!
Surely, had this thread been left on the 3rd page we would've never known if you can GIS "burns".
Wade Kline, your didn't die in vain!
 
ethelred said:
Wow! Microsoft sounds like... any corporation in existence. Who'dathought.

To a point. Most however, would not have the balls to claim that the family should have known about it ... when later, MS did a recall for the power supply due to fire hazards ... and then have the nerve to counter sue for legal fees.
 
SailorDaravon said:
From the original article that that link quotes from:



MS isn't so stupid as to say something like that and then have the balls to ask for their legal fees unless there is something we don't know about. Maybe the place was a dump or something and there was all kinds of fire hazards, maybe not. Let's wait and see if we get more info.

Found the very original article.



Like I said, there's no way they'd do this if they didn't have a solid case, they're not that stupid and they hardly need any more bad PR. I'm thinking some kind of fire hazard type situation where they had a shitload of stuff plugged into one outlet or something.


Except the recall didn't happen until Feb '05. :\
 
CrapSandwich said:
How is this evil? Does anyone have an answer? To come to this conclusion you'd have to make up a lot of missing facts out of thin air. What information do you people have? Share it with me.


Assuming the facts are true that a fire was caused by the Xbox power supply/chord ...

The claim is this occurred in Dec '04.

In Feb '05, MS did a recall of the power supply/chord due to fire hazard.



Seems pretty cut and dry.
 
Open Source said:
Dirtbag is correct and Bishop is wrong. Political trolling belongs in the political trolling (aka off topic) forum. If everyone did this shit in the on-topic forum, this place would be a cesspool (like the off topic forum, imagine that).
No, Bishop is correct because he bloody well said so. :D

And if you think OT is a cesspool, whaddya call the system wars over on this side? Decorum, Inc.? If your politician of choice is getting smacked around, I suggest you log off the net, turn off the television, and head to your underground bunker with other like-minded individuals so your precious feelings won't get hurt, Elizabeth.

don't forget to close the door behind you
 
bishoptl said:
No, Bishop is correct because he bloody well said so. :D

And if you think OT is a cesspool, whaddya call the system wars over on this side? Decorum, Inc.? If your politician of choice is getting smacked around, I suggest you log off the net, turn off the television, and head to your underground bunker with other like-minded individuals so your precious feelings won't get hurt, Elizabeth.

don't forget to close the door behind you


Or pick a less sucky politician ;)
 
WTF!?!?!? They're suing the family for legal fees? Thats F-cking bullshit,

turtle553 said:
Jeez...do you people live in the real world? Asking the family to pay the legal fees if they lose is very standard. If companies didn't have the power to ask for this they could just be sued all day by people representing themselves who have nothing better to do. Its a warning that if you are trying to bring a frivolous case (not that I think this is, but it may be) against a big company and you lose it will cost you or else there is no risk in suing anyone.

Why does Microsoft need $50,000 from that family If anything they should be paying the family.
Onix said:
Assuming the facts are true that a fire was caused by the Xbox power supply/chord ...

The claim is this occurred in Dec '04.

In Feb '05, MS did a recall of the power supply/chord due to fire hazard.



Seems pretty cut and dry.
Sounds pretty cut and dry to me too.

So the baby passed away in '04 from a fire caused by the power cord

Microsoft recalls the power cord in '05

The family losses the case some how and has to pay Microsoft!?!?!

Wow.

Open Source said:
Dirtbag is correct and Bishop is wrong. Political trolling belongs in the political trolling (aka off topic) forum. If everyone did this shit in the on-topic forum, this place would be a cesspool (like the off topic forum, imagine that).

The only political thing is the thread title. Not the Discussion.
 
SailorDaravon said:
Like I said, there's no way they'd do this if they didn't have a solid case, they're not that stupid and they hardly need any more bad PR. I'm thinking some kind of fire hazard type situation where they had a shitload of stuff plugged into one outlet or something.

Yes ... because they're not known for this kind of thing before ...

http://clevescene.com/2005-03-30/news/kill-bill/

There's the case of a very infamous suit where Microsoft decided to sue a college student, for selling two unopened pieces of software on eBay for about $200. They sued him for that, and their legal costs, saying he caused thousands of dollars worth of damage. They didn't even bother to send him a reasonable argument, just cutting and pasting from a completely different lawsuit against him from another case - just hoping that he would cave like everyone else that they blanket sued. The lawyers were even callous enough to suggest selling his car to pay for it.

Long story short, the dude went to the law library, cut through all their jargon and threw it back at them, and it went like this back and forth like this and he did all kinds of cool legal stuff like requesting a trial by jury on the fly, and all kinds of counterclaims. And he had Microsoft on the ropes and they eventually settled with HIM. One of my all time favorite stories.

Bottom line: Microsoft is a cutthroat ethic-less company that could care less about who they sue or hard or put out of business with their tactics. It's no wonder this company has been sued and lost more money on suit's and anti-trust laws than any other company in world history.
 
InterMoniker said:
So the baby passed away in '04 from a fire caused by the power cord
I'm so glad you're not a judge... and as you're not, why don't you wait for the verdict before passing judgement. I'm not saying this is the case here, but there's been more than a few times that people have seen recalls and realised they could get megabucks by associating something that happened to them with the recall.

Unless you have the reports of the fire investigation team at hand?
 
Terrell said:
I don't care who you are.... for any lawyer to say that "it's your own damn fault" that the plaintiff lost an infant.... I don't care who you are, this is just horrible and tasteless. Even without knowing the circumstances, the proper thing to do is just keep your mouth shut instead of making accusatory comments to a grieving family. Might as well have spit on them, too.
If they had the console on the carpet then it is their own damn fault. I don't see how else it could've burned down their house.
 
I won't try and claim i know anything about the dodgy practices of all corporate companies, or the facts of this trail - because i don't so the only thing i can say on this matter is :

"I don't know enough about this case to say one way or the other what is going on, but obviously this (at least on the surface) looks pretty horrific for MS's image - however, with out the facts, i have no clue whether that is warranted or not. I'm aware that MS aren't saints either, so neither would i die of shock if they were being unreasonable in this situation."

WTF!?!?!? They're suing the family for legal fees? Thats F-cking bullshit,

Without the full details of what happened, it's possibly to prevent similar cases even gettint to trial. Which does make me feel a little sick inside, but again, i think this is a whole thread of nothing without the facts.
 
DCharlie said:
I won't try and claim i know anything about the dodgy practices of all corporate companies, or the facts of this trail - because i don't so the only thing i can say on this matter is :

"I don't know enough about this case to say one way or the other what is going on, but obviously this (at least on the surface) looks pretty horrific for MS's image - however, with out the facts, i have no clue whether that is warranted or not. I'm aware that MS aren't saints either, so neither would i die of shock if they were being unreasonable in this situation."



Without the full details of what happened, it's possibly to prevent similar cases even gettint to trial. Which does make me feel a little sick inside, but again, i think this is a whole thread of nothing without the facts.
Time to ask the undertaker.
 
Psychotext said:
I'm so glad you're not a judge... and as you're not, why don't you wait for the verdict before passing judgement. I'm not saying this is the case here, but there's been more than a few times that people have seen recalls and realised they could get megabucks by associating something that happened to them with the recall.

Unless you have the reports of the fire investigation team at hand?
Your right I'm not a judge and of coarse I don't have the reports of the fire investigation team at hand........

But it sounds like the power cord started the fire to me.
DCharlie said:
I won't try and claim i know anything about the dodgy practices of all corporate companies, or the facts of this trail - because i don't so the only thing i can say on this matter is :

"I don't know enough about this case to say one way or the other what is going on, but obviously this (at least on the surface) looks pretty horrific for MS's image - however, with out the facts, i have no clue whether that is warranted or not. I'm aware that MS aren't saints either, so neither would i die of shock if they were being unreasonable in this situation."



Without the full details of what happened, it's possibly to prevent similar cases even gettint to trial. Which does make me feel a little sick inside, but again, i think this is a whole thread of nothing without the facts.
Fair enough.
 
Psychotext said:
I'm so glad you're not a judge... and as you're not, why don't you wait for the verdict before passing judgement. I'm not saying this is the case here, but there's been more than a few times that people have seen recalls and realised they could get megabucks by associating something that happened to them with the recall.

Unless you have the reports of the fire investigation team at hand?


I'm pretty sure that anyone with a sane mind is only considering this cut and dry in the event that the fire investigation team did in fact determine the X-box power supply/chord was the cause.
 
And for what it's worth, I don't think this sort of behavior would be enough to wrest a blush from a guy who shot his own friend in the face.
 
Onix said:
I'm pretty sure that anyone with a sane mind is only considering this cut and dry in the event that the fire investigation team did in fact determine the X-box power supply/chord was the cause.
But that's the thing, we don't have that information and people are using this case to further their own agendas. That said, I have a feeling Microsoft know something as their standard OP would be to bury something like this before it hit the news if it had any merit.

But as I said before, none of us know the details so flying off at the handle is a little premature.

[For the record, I'll be the first to call Microsoft out for their disgusting behaviour if it turns out they even had a hint that this case was genuine.]
 
Time to ask the undertaker.

*rolleyes* keep wrestling out of the games topics. Peoples choice of favourite wrestler should have no bearing on this. Along with this and the Dick Cheney thing, i don't know where some of you get off!
 
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