Anyone who has owned an Xbox 360 knows you need to be careful when handling the device while using the console. Moving or disturbing the console while the disk is spinning could cause the disks to be damaged by the optical drive, and now Microsoft is required to face a lawsuit concerning this design flaw. Customers claim normal usage of the device can damage game disks rendering them unusable. Microsoft claims this only occurs when customers are misusing the consoles not during normal operation.
However, according to a 9th U.S. Circuit Court of Appeals in Seattle Microsoft must face these claims. Previously a lower court had ruled in Microsoft favor, but the recent decision claims that was a misapplication of the law. Microsoft claims since only 0.4 percent of users have claimed this failure mode the issue is a result of consumer misuse and not a design flaw. The legal battle is not over and time will tell who the courts say is to blame.
