We knew it was only a matter of time until someone brought a class action lawsuit against Microsoft and the Xbox 360, but we thought it would be related to failure rates and the red ring of death, not scratched discs. But, here it is before the ink is even dry right after being filed in Fort Lauderdale, Florida. The plaintiff and his lawyers are seeking more than five million dollars (insert Dr. Evil laugh here) to cover the damages and costs. C'mon, this is Microsoft, their soft-serve ice-cream budget for a holiday weekend probably exceeds five million smackers.

The lawsuit contends that the plaintiffs in the case "have been damaged in that their game discs were destroyed by the Xbox 360 during reasonable, foreseeable, normal, and intended use." They blame Microsoft because "The Xbox 360 was negligently designed and manufactured in that the Console's laser disc reading assembly contacts and scratches the video game discs during normal and intended operation and use." They cite at length the scratching study conducted by the Dutch TV program Kassa (are they getting a cut of this?) and the fact that the plaintiff couldn't play his Madden NFL '07 disc.

Either someone smells blood in the water, or the timing on this thing is just impeccable, we're not sure which one. One thing is for certain, this will probably get lost in the cacophony of E3 this week. Check out the pages in the gallery below, and chime in with your two cents.

This article was originally published on Joystiq.

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