Update — Class Action Against Microsoft Over Xbox Live Point System

Bill Gates (pictured) taking some time off from his work with the Bill and Melinda Gates Foundation to personally "handle" the Xbox LIVE points class action.

Siouxsie is going to keep posting updates on the Xbox Live class action until Bill Gates has killed it with fire.  The plaintiff in this case is getting completely pwned by Mr. Gates and company.  Microsoft has taken the high ground legally and equitably.  This week a judge ruled that the Xbox Live class action cannot be amended for a third time.  At the same time, Microsoft restructured its point system to decrease the amount of leftover points on players’ accounts.  You can now buy points in quantities 400, 800, 1,600 and 4,000.  [source]  The Xbox live plaintiffs are stuck with complaint they cannot amend and a claim that no longer has much merit.  Siouxsie usually roots for the underdog, but not here.

Mr. Lassoff, the attorney for the plaintiffs (and former named plaintiff) has continued his lawsuit too long.  This is not some arcade game where you can just keep playing endlessly by pumping in more quarters.  It is time to walk away.

Back in January, Siouxsie first blogged about this class action lawsuit against Microsoft.  The case was widely reported by the mainstream media to be about Microsoft’s fraudulent use of its Xbox Live point system.  At the time, Siouxsie pointed out that the complaint lacked any allegations to support such a claim.   And Siouxsie also noted that Samuel Lassoff should not be both the attorney for the class action and also the named plaintiff.

Fast forward a few months, and Mr. Lassoff has amended the complaint several times to avoid dismissal.  Siouxsie wrote about the amendments at this link.

First, he completely reworked the allegations so that it had something to do with alleged point fraud.  And because Microsoft had challenged Mr. Lassoff’s dual role as named plaintiff and attorney, Mr. Lassoff substituted a California resident for himself.  This was followed by Mr. Lassoff substituting a Pennsylvania resident for the California resident to try to avoid Microsoft’s forum selection clause.   And finally, Mr. Lassoff attempted to file a third Amended Complaint stating, without explanation, that it would render the issue of the forum selection clause moot.

Mr. Lassoff appears to be like one of those annoying kids with a fistful of quarters at the arcade who just won’t let his game die.

Luckily, and not surprising, the Court realized that Mr. Lassoff should be done.  On April 1, 2010, the Court denied Mr. Lassoff’s motion to file a third amended complaint.

It is time to leave the arcade, son.  Save up your allowance and come back in a couple of years.

Bonus Video:  Trailer for The King of Kong:  A Fistful of Quarters (disclaimer– the video has absolutely nothing to do with the blog post, but it is one of the best gaming documentaries EVAH)


~ by siouxsielaw on April 13, 2010.

One Response to “Update — Class Action Against Microsoft Over Xbox Live Point System”

  1. […] post has been updated to provide links to the posts at issue: here,  here and here. Like this:Like4 bloggers like […]

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