The Oxford dictionary defines frivolous as, “suing Microsoft and Bungie over an isolated incident that doesn’t breach their responsibilities and clogs the legal system.” Randy Nunez and a few others have filed a definitive frivolous class action lawsuit against Microsoft and Bungie that claims that Halo 3 isn’t compatible with the Xbox 360.
The lawsuit filing claims, “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.” The filing further states that Microsoft and Bungie failed to uphold their responsibilities in providing reliable products. “Because Halo 3 is not fit for either its ordinary purpose or for the particular purposes for which it was sold, defendants have breached the statutorily implied warranties of the Song-Beverly Consumer Warranty Act.”
With several million gamers playing Halo 3 daily without issue, this case will most likely be thrown out before Nunez can say “Master Chief.” Nevertheless, I wish the the plaintiffs the best of luck. Suing Microsoft and Bungie with hopes of any cash settlement is like pimp-slapping a giant bear and hoping to survive.