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Law of the Game on Joystiq: Let the payment fit the damages
Each week Mark Methenitis contributes Law of the Game on Joystiq, a column on legal issues as they relate to video games: There are a lot of theoretical claims an injured party could make against a game manufacturer, but the one I'd like to focus on is the world of products liability. After all, the crux of most of these claims is "this video game product caused this person to do this act, which resulted in damages." It would certainly be a novel claim, and one that tweaks the traditional definition of products liability, which surprisingly can be applied to video games outright in certain circumstances.The reason I've picked products liability is because if the current laws were expanded to account for the kind of civil liability for game makers that has been talked about, then products liability would be a logical place to put the new causes of action. Not to get ahead of ourselves, it's probably a good time to explain what products liability is: Products liability is the area of the law where parties on the chain of a product, from the retailer to the manufacturer to the manufacturers of sub-assemblies or parts, can be held liable for damages caused by their products. So, if for some reason the video game console you're playing randomly exploded, this would be the theoretical means for recovery.
Japanese Gov't: iPod nano batteries caused fires
A brief report from Reuters this morning said Japan's trade ministry claimed three fires had been caused by defectively hot iPod nano batteries. Nobody was injured in the fires. The government said in a statement that Apple had two other reported cases where people were burned by their iPod nanos. The defective nanos, they said, were sold between September 2005 and September 2006. Japan's quasi-governmental product safety commission will investigate the incidents with Apple's cooperation, the trade ministry said.
Rumor: NVIDIA's defective GPU woes worsen
While AMD is riding high after the unveiling of its brawny ATI Radeon 4870 x2, rival NVIDIA is potentially looking at more problems with defective GPUs rolling out of its fabs. According to an article from UK tech blog The Inquirer, a recent batch of bad notebook chips was only the first sign of a malady affecting a wide swath of the firm's graphics processors.The site reports that four of NVIDIA's partners are seeing G92 and G94 chips "going bad in the field at high rates." These two GPU parts power a number of the company's most popular notebook and add-in solutions, notably the 8800 mobile series, 8800GT, 8800GTS, 8800GS, and 9600GT. Laptops from Dell and HP are reported to be most affected, but with the problem seemingly creeping into stand-alone cards, desktops from these vendors – along with others, not to mention home-built rigs – could be in danger of GPU failure. Until there's a formal announcement from NVIDIA, new hardware purchasers should probably keep their receipts handy just to be safe.[Via Engadget]
Figuring out which NVIDIA GPUs are defective -- it's a lot
So now that HP's joined Dell in releasing information on which laptops have those defective NVIDIA GPUs, we can sort of piece together which chips are faulty -- and just as had been rumored, it looks like basically every Geforce 8600M and 8400M chip is affected. That's not good news for NVIDIA, which has been saying that only "previous-generation" chips were problematic -- unless the chipmaker is planning on updating the hugely popular 8x00 series sometime, say, now, that's not exactly true, now is it? Other affected chips appear to be in the GeForce Go 7000 and 6000 lines, as well as the Quadro NVS 135M and the Quadro FX 360M, but that's just looking at model numbers, and we can't be exactly sure. We'd say that if you've got a machine with any one of these GPUs, it might be wise to call in and see what your laptop maker is going to do -- and it would be smart for NVIDIA to come right out and say exactly how big and how bad this problem really is.Read - Dell list of machines and patchRead - HP list of machines, extended warranty info
All NVIDIA 8400M / 8600M chips faulty?
NVIDIA's stock took a pretty big hit last week when it announced that "significant quantities" of "previous-generation" GPUs and mobile and communications processors were defective and that it would take a $250M charge against earnings to repair and replace the affected chips, but the company didn't say which chips specifically were faulty, nor how many. That might be because the problem is much worse than it even sounds -- according to a report in The Inquirer, every single G84 and G86 GPU in the 8400M and 8600M series of cards is affected. Apparently both chips share an ASIC, and the core design suffers from the same heat-related issues. That certainly implicates a "significant quantity" of chips, all right, but this is just a rumor for now -- one that's probably best handled by NVIDIA stepping up and letting its customers know exactly how big the problem is.[Thanks, Rich]
NVIDIA says "significant quantities" of laptop GPUs are defective, stock tumbles
If you're the type to watch the late stock tickers, you might have noticed that NVIDIA's stock just took a pretty big hit, down 24 percent to $13.56 -- that's because the company just informed investors that "significant quantities" of previous-generation graphics chips have been failing at "higher than normal rates," and that it's lowering its Q2 estimates due to pricing pressure. NVIDIA will be taking a $150M to $250M charge against earnings next quarter to cover the cost of repairing and replacing the affected chips, but didn't specifically announce what products were defective, just that they include GPUs and "media and communications processors." Laptop makers have apparently already been given an updated GPU driver which kicks in fans sooner to reduce "thermal stress" on the GPU, and NVIDIA says it's talking to its suppliers about being reimbursed for the faulty parts. That's great and all, but we'd really rather know which chips specifically are failing -- if you're serious about playing in the big leagues, you better come clean, guys.
Samsung sued for defective Blu-ray players
We'll be straight with you -- we aren't surprised one iota by this one. For those keeping tabs, Samsung's slate of Blu-ray players have been plagued with issues essentially from day one, and while it has released a flurry of firmware updates over the years in an attempt to mend a variety of incompatibility issues, even its recent BD-UP5000 hybrid player is being axed early on after giving owners all sorts of fits. Apparently, one particular buyer isn't taking things lying down, and has decided to file suit against the mega-corp alleging that it has sold "defective Blu-ray players" to consumers. According to the suit, Sammy was "fully aware of the defective nature of the player [BD-P1200, in particular] at the time of manufacture and sale," and it also claims that the firm has "failed to provide a remedy consistent with the products' intended and represented uses." More specifically, the verbiage picks on the units' inability to play back select BD titles, and while some fixes have indeed been doled out, we still get the feeling many consumers have been left dissatisfied. Needless to say, this outcome should be interesting.[Thank, Nfinity and Prey521]
Consumer check: Halo 3 limited edition may have scratched discs
It may be worth opening up your limited edition Halo 3 case (with camera in hand) while in the store tonight and make sure the disc isn't scratched before walking out. Although it originally started as a NeoGaf post (pictured), GameDaily now reports that three of their own staff members also received scratched discs in the limited edition case. The issue apparently only pertains to the limited edition version of the game which retails for $70, allegedly the nub holding the discs in place isn't working properly and the discs are tossed around inside the case during transport.The standard edition and the legendary edition (the Master Chief head one) don't appear to be affected by this issue. All this means is that for those of you who ordered the limited edition, just make sure to check your discs before you leave the store. Please make sure to take deep breaths if your game disc is scratched, you'll hopefully be able to hand the defective product back immediately for a full refund. Remember, the key is to play the game, not obsess over the box it comes in. Focus on the priority.
Man's XPS M1330 arrives sans OS, quality
We're not sure who or what is putting these XPS M1330 laptops together for Dell, but not only are they having a horrible time of it even getting the laptops out the door, but this particular man's shipment was just a little lacking in the quality department when it arrived two weeks ahead of the estimated ship date. The $2k+ laptop looked fine at first glance, but when Pradeep popped it open and hit the power button, it immediately booted to a blank, white, flickering screen. After 10 minutes, nothing had changed, no Dell logo, Vista boot screen or anything -- not only had Dell forgotten an OS, they didn't even manage to squeeze in a system BIOS before they shipped this one. That wasn't all that Dell screwed up on this M1330, the power button is defective, the Microsoft seal underneath the machine is partially ripped and burned, there's a problem with a grill cover protruding, and the WiFi radio switch is so loose it almost falls off when pushed back and forth. Sure, this is just one guy's experience with one M1330, and his mom got a similar computer -- after a much longer shipment wait -- that worked just fine, but we're still thinking Dell might try and shore up quality control just a little bit before somebody manages to get something shoddier than this out the door. Dell's giving Pradeep a new laptop, labeled "priority" in the build queue, and offered him a $50 gift certificate for his trouble.Update: After spotting this article, Dell contacted us for help getting a hold of Pradeep, and is currently helping expedite his new system. Pradeep did say his replacement was already "priority" before this article went up, but we're sure the PR people are going to speed things up considerably for him. Of course, this is just one person's experience, and we hope Dell will show the same courtesy to everyone involved in the M1330 fiasco -- or better yet, start shipping these things intact and on time!Update 2: Dell hit us up, apparently after doing some diags on Pradeep's machine, they claim to have discovered that while the M1330 in question did have Windows installed on its drive, just so happens that whomever assembled the system didn't connect the LCD's LVDS to the motherboard. Not that that's much better or anything. Anyway, it seems like all's well that ends well for Pradeep, but we aren't sure we can say the same for the rest of Dell's M1330 customers.%Gallery-6306%
Microsoft blames baby's parents for deadly Xbox fire
In what's probably the appropriate legal move given the situation -- but what will probably not earn the company any warm fuzzies -- Microsoft is asking the U.S. Central Court for Central Illinois to dismiss that wrongful death lawsuit filed by the parents of young Wade Kline, arguing that "misuse or abuse" of the family Xbox was the cause of the deadly blaze. Specifically, Redmond claims that the suit, which also names Wal-mart and and an anonymous power-supply maker, lacks merit because the Klines "knowingly, willingly, intentionally, and voluntarily exposed themselves to said danger and assumed the risk of incident, injuries, losses, and damages" -- though it's not really clear what "danger" they're referring to. Besides looking to clear its good name, Microsoft also wants the now house-less family to cover its likely-steep legal costs, which probably won't do much to win back the Klines as return customers. We'll keep you posted as the case progresses.
QA glitch allows defective ATI Radeon cards to slip out
According to "sources" at AMD, the firm's official graphics card diagnostic and validation software was recently discovered "to have a bug that failed to detect defective ATI Radeon HD 2400 and 2600 graphics cards." The problem was actually discovered by various "channel vendors" who supposedly pointed out an error in the BIOS application process, and it was noted that Asus, MSI, and Gigabyte were all bitten by the mishap. Thankfully, the glitch can seemingly be rectified by "reapplying the BIOS," but now some 20,000 to 30,000 units are already being shipping back in order to be mended before reaching consumers' hands; interestingly, there's no mention of a remedy for the "small number" of end users that may actually own one of these marred boards. Nevertheless, AMD has responded by stating that this ordeal was simply "an isolated incident," and assured us all that "measures were taken to solve the issue as soon as it was detected."[Via TGDaily]
Toshiba waves the recall flag again on Sony laptop batteries
Groundhog's Day ain't got nothing on this. Yet again, we're faced with another recall on potentially defective laptop batteries, and yet again, these cells in question could catch fire when you least expect it. The latest round of recalls by Toshiba allows for some 10,000 Sony-made batteries to be replaced after a trio of fire incidents over the past ten months got its attention. Of course, Sony noted that the financial impact of this wave should be minor, particularly compared to the recall-related costs it's already trying to swallow.
Store managers detail PS3 failure rate at less than 1%
The inquisitive folks over at Ripten decided to do a little research on the failure rate of current next-gen consoles. Their conclusions should come as no surprise, with the PS3 resulting in a low failure rate. What is surprising however, is the failure rate for one console in particular appears to be higher than previously anticipated. An EB Games associate singled out the Xbox 360 console by advising "failure rates for all other consoles were not high enough for EB to consider revising their policies" further claiming the failure rate of the Sony PlayStation 3 and Nintendo Wii to be "less than one percent." An EB Games manager reiterated the low failure rates of the Nintendo Wii by exclaiming that "zero [consoles] have come back defective." A Best Buy manager then went on record saying "a quarter to a third" Xbox 360 consoles sold, come back defective, confirming the 33% failure rate percentage. The methods used to determine failure rates for these consoles appear to be too elementary to really prove anything concrete. Nevertheless, this story allows us to breathe a little bit easier, as it continues to prove our console of choice can still fold like a champ and have a longer lifespan than that of its direct competition.[Via digg]
Stubborn ex-customer takes Gateway to court for defective PC
"Me against the world" has taken on a whole new meaning for high school dropout Dennis Sheehan, who has taken Gateway to small claims court in a completely bizarre catch 22-laden case. Apparently, the now 46-year old Sheehan took his stubbornness out on the corporation who sent him a computer that "displayed scattered graphics" fresh out of the box. After the company purportedly refused to remedy the issue, the two have ended up in court where Gateway claimed that clicking through the EULA upon bootup eliminated his right to even sue; au contraire, claimed Sheehan, who explained that the malfunctioning PC wasn't even able to render the text and allow him the opportunity to read it. Interestingly enough, a tentative ruling on May 24th sided with the plantiff and maintained that the case would stay in small claims court, but it looks like finality is still a good ways off for the perturbed ex-customer.[Thanks, Mike]
German MacBook melts during movie screening
We've seen MacBooks in many different states of distress during their brief existence -- burned, cracked, bulging, whining, and discolored, to name a few -- but a German member of MacUser has just posted pics of what may be the first unit that we've ever witnessed to actually begin melting from the exhaust heat. Apparently this unlucky movie buff was running down the AFI's Top 100 Movies of All Time, and had just gotten absorbed in the 2000 Wayans brother tour de force 'Scary Movie' when the hot air from those notorious vents started to warp and deform the LCD's plastic bezel. Thankfully all's well that ends well as Apple has agreed to replace our hero's notebook with one of the non-melty variety, though with MacBooks having been clocked at running north of 200 degrees Fahrenheit, this may not be the last Dalí-esque laptop we see. Check out another angle after the break... [Via Gadget Lab]
Sony copy protection taking heat again: now DVDs won't play
Reports continue to filter in about DVDs that refuse to play on standard players from Toshiba, LG, Pioneer, Sony, and others. The culprit is titles that utilize Sony's ARccOS copy protection scheme, such as Disney's "Pirates of the Caribbean: Dead Man's Chest," The Weinstein Company's "Lucky Number Slevin," and Sony's "Casino Royale," "The Holiday," and "Stranger Than Fiction." ARccOS artificially scrambles sectors on the disc in an attempt to keep users from ripping the disc to a drive. Many older (or less sophisticated) players simply skip these corrupted areas as unreadable and continue on. Computers -- and unfortunately, some newer players -- try to perform error correction on these areas and fail playback. When contacted, Sony seems to deny the problem, much like Microsoft and the 360 disc scratching, and simply passes the buck onto the player manufacturers to upgrade their firmware. Meanwhile, many users have simply downloaded programs to bypass the protection and make copies without the "defect." So, is this a rootkit-like class action lawsuit in the making? Is it just overblown hype over a few players that don't follow standards? Another example of copy protection that bites legitimate users and ignores the real problem? And do average consumers even care?
Red Octane says two Xbox guitar models 'defective'
After awaiting an official response all week on what Red Octane plans to do about defective guitars some customers received with their copies of Xbox 360's Guitar Hero II, we've received from several tipsters the responses they received from Red Octane. The response brings up nothing but more questions.Red Octane writes to those with complaints about the guitar, "We have isolated this issue to two model numbers that can be found on the guitar's packaging. The numbers are 95065 and 95055. We are asking that customers who puchased [sic] their items from a retailer perform an exchange with that respective store (for a model number other than the defective two listed above). Customer's [sic] who purchased through our online story [sic] can complete an rma request for their defective item and we will exchange it for a fully function [sic] guitar controller. We do apologize for the inconvenience and will resole [sic] these matters." Joystiq has been interviewing people all week trying to make sense of this entire issue as Red Octane is less than forthcoming with information. For example, here at Joystiq, we have a 95055 box, with a 95065 sticker placed over the UPC (originally 95055) and a 95065 guitar in the box - everything works fine so far (except star power activation is far less responsive than the PS2 guitar). Over at sister site Xbox 360 Fanboy, where they received a broken controller, they had a 95067 (that is not a typo) box with a 95065 guitar inside. At this point Red Octane acknowledges "defective" models as 95065 and 95055. If you have a defective model guitar, go ahead and return it with Red Octane's blessing. [Thank you to everyone we've interviewed and those who sent in tips]
Xbox 360 diehard loses loyalty after seven bricked consoles
It's not too difficult to keep the faith if everything's clicking along nicely, but when console after console began to fail soon after Microsoft's highly-anticipated launch of the Xbox 360, skeptics began to surface. Rob and Mindy Cassingham were self-proclaimed "Xbox fanboys," and felt assured that their love for the next rendition would never sway, but after picking up six consoles to install in their home and personally owned gaming center, the relationship started to crumble. The jovial couple snatched up four units at the Zero Hour launch party, and while folks from all over were swarming to get their game on at their party haven, the days of elation were short lived. After dropping over $2,600 on hardware along, registering an "Xbox360" Utah license plate, and rocking Microsoft swag day in and day out, all four of the launch units bit the dust. Eventually, every single first wave unit croaked, and each time the Cassingham's found themselves fighting with overseas call centers just to get a much-belated refurbished unit sent back to them, one of which also fell victim to the red ring of doom. After seven out of six (that's over 100-percent, folks) consoles decide to call it a career before you've had your due fun, it's not easy to remain steadfast in your devotion, and even after an email to Peter Moore himself finally got a brand new console on its way to the once-diehards, things will never be the same. We feel your pain, man.
DS Daily: Technical difficulties
Reader Katotetu wrote in about his shoulder button woes -- repeated use seems to have killed them on his Phat -- and we thought that might be an excellent topic to bring to the table. Have you have any problems with your DS? Have your shoulder buttons suffered like Katotetu's? Were you a victim of a hinge crack? Or has it been all clear waters and smoothing sailing on the SV DS?
Canadian lawsuit pegs Dell for knowingly selling defective laptops
Sure, it's a new year, but it's the same ole problems for Dell. Yet again the Texas powerhouse is facing a lawsuit claiming that the company knowingly and willingly sold laptops to loyal buyers even though they were defective, and this time it's coming from our northerly neighbors. A group of Canucks who purchased toasty Dell lappies have slapped some legal action on Dell through the Ontario Superior Court of Justice, and the filing claims that "Dell was negligent in designing the computers and sold them even though the company knew of the problems." The models in question reportedly include the 1100, 1150, 5100, 5150 and 5160 models of the Inspiron, and rather than focusing on batteries that erupted in their laps, it claims that the "notebooks suffer from design defects that cause premature failure of the motherboard due to overheating just after the one-year warranty expires." As expected, a Dell spokesperson didn't have a comment on the pending suit, but we're sure it'll be a bit more diligent to show up in court than in previous scenarios.[Via Inquirer]
