I just had to comment on this. First, the article: http://www.informationweek.com/story/showArticle.jhtml?articleID=174901240 

A guy's XBox 360 fails, so he files a class action lawsuit. What the heck ever happened to RETURNING THE UNIT? I guess this loser (IMHO) can't be faulted. For years we've been blitzed by the legal community that someone has to be blamed. And in assigning that blame, there has to some monetary penalties for it. And when states get involved, it actually becomes a new form of “taxation“ in order to generate additional reveneues.

Want examples? Just look at all the antitrust legislation against MS. Just look at the lawsuits and huge penalties against tobacco companies. Cigarette packages have all kinds of warnings on them (and have for a LONG time) to the point they might as well have a skull and crossbones emblem on them, a la poison. Yet, states and individuals lined up to get cash from them. Take a look at http://www.overlawyered.com if you want plenty of things to get your blood pressure up.

But back to the original point. If the unit wasn't working, do what we did for years. TAKE IT BACK. If you don't think MS has a good unit, BUY THE COMPETITOR'S UNIT. Pretty simple. It worked for years. I wish he could be counter-sued if he loses. And I hope like hell he does. I have no great love of MS these days because I think they have turned on the development community to a degree, but still, fair is fair.