Xbox Owner Sues Microsoft for $500 Billion (Yes, Billion)

[1337mokro]

You know if this was just an attempt to show people that the legal bullshit loopholes in contract companies use to escape all possible responsibility can also be used against them. I would have applauded it.

However it is not. This is a guy starved for attention and money. A typical American thinking he could strike it rich in court.

That one lawyer that sued Microsoft over the arbitrary points system that always left some money in your account (you know that 80 Microsoft points you CAN'T get rid off). Him I respect because those fucking points are a shitty scam to keep you spending.

We need more of those guys. Not this guy who sues for half of a small Nations annual budget.

 

[mcattack92]

What do these people smoke to come up with these insanely high damage amounts.

I studied business law last semester at uni and in cases where people failed to respond, were disregarded as there was no confirmation that the other party had even read any of the documents. The sheer amount of emails that Microsoft would get daily would in the thousands. You cant ensure that they would read every single one of them.

 

[Char-Nobyl]

You know, at first, I was writing a rather rage-y post, because of two main things. First and foremost, Stebbins was an incorrigible dick, and seemed so proud of himself for learning a few legal phrases that he didn't bother to remember such basic things as the fact that you can't alter a contract after you've agreed to follow it.

And, secondly, that Andy Chalk was apparently writing this post as he was reading the story. He actually seemed to admire what Stebbins was doing, up until around the point when he got to the later parts in the story where it became clear that Stebbins was, simply put, a dick. And rather than scrapping the story for a post on The Escapist and writing something worthwhile, Chalk kept writing, and concluded with the equivalent of, "Well, nevermind. I guess he was sort of being a dick."

But then I deleted that post, because I realized something: Microsoft hasn't replied (nor should they), and the guy deleted his Youtube account. Those two facts alone brought me comfort, and told me that everything is exactly as they should be. First and foremost, the Microsoft legal department is in stitches over how pathetic Stebbins' attempt to extort them was, and second, that he's not getting the universally-positive feedback he expected.

I Googled "David Stebbins Arkansas" just to be sure of my theory, and sure enough, there it was: front page coverage of his laughable attempt to extort Microsoft, all while going through his highlight reel of dickishness.

Here's why I'm so happy: he said in the original article that jobs "discriminated" against him for his Asperger's Syndrome. From that, we know that he's a naturally unlikable person. Well, good news: you just cut out the middle man. Now, any prospective employer of this jerkoff is just a Google search away from finding out what sort of person he is, complete with quotes from the man himself.

The best part? No employer even has to meet with him before they send him the "Thanks, but no thanks" reply for his job applications.

Splendid work, Mr. Stebbins. Your act of dickishness came packaged with its own retribution.

 

[Albino Boo]

So he's changed the contract and used that to screw microsoft over.

If he wins, he gets $500bn.

But what if he loses? The USA has the same common-law, precedent-based legal system that we do. That means that if he loses, a precedent will be set against changing contracts unilaterally to screw signatories.

That means that a precedent will be set which forbids large companies from unilaterally changing contracts, including TOS agreements, and using that to screw their customers.

He's not really out to make money, he's out to change laws!

It's a win-win situation! Brilliant!

Small but important point companies don't change the contract they cancel the old contract and offer a new contract, which you can accept or not. Not accepting of course leads to termination of service. Try reading the the xbox live terms of use:

13. How We May Change the Contract.

If we change this contract, then we will require you to agree to a new contract that includes such changes if you want to continue to receive the Service. If you do not want to agree to the new contract, you may cancel the Service. Your continued use of the Service will be deemed acceptance of and agreement to the new contract.


In other words the case is waste of time and will not change a damn thing. Fail troll is fail.

 

[RonHiler]

You can certainly tell which people actually read the article and which ones are just jumping to conclusions, eh?

Hint: If you think this guy is trying to win $500 billion, go back and read the article again.

 

[natster43]

Silly. I hope to hear more about this later.

 

[Happy Sock Puppet]

People say this guy is an idiot and/or a jerk, either of which may be true.

But...

Have you actually READ a cell phone company contract? I see his reasoning on wanting to 'stick it to the man'. Just sayin'.

 

[jyork89]

Is this even legal in the USA? I know that under English contract law silence can never amount to acceptance under the case Felthouse v Brindly, even if it is written into the terms (ie If you do not respond within 30 days we will assume take that for acceptance of our offer). Maybe I am missing some obscure point of American contract law?

 

[Revolutionary]

That poor guy doesn't have a snowballs chance in hell of winning that case, especially with his previous track record of litigation.

 

[Robert Ewing]

Good on him, well done for finding the clause. And good luck in exploiting it. With any luck, Microsoft will reform and blossom into a new, better company.

 

[jpoon]

Hilarious, but only if he actually pulls it off...I so hope he does, my god that'd be hilarious!

 

[Magikarp]

This is what we call 'being a dick'. I think there should be a law stating that anyone who exploits legal loopholes for their own gain at another's expense will be issued one punch in the face.

 

[KoalaKid]

Sounds like something [b/]I[/b] might do...

My thoughts exactly. These companies shouldn't be the only ones allowed to use the law to their advantage. I have also been thinking about suing whatever company it is that puts out the crane machines (the dollar game were you try to lift a stuffed animal or toy with a little crane)because I am positive that the crane can't even hold the weight of the stuffed animal and I want 27 years worth of my money back plus emotional damages.

 

[Shadow flame master]

How many times has Microsoft been sued by now?

I do like that this guy used the terms and legal crap that Microsoft used against them.

 

[artanis_neravar]

I want to hear how he was 'damaged' to the tune of half a trillion.

By breach of contract

Breaching a contract that they never agreed too? Along with that victory clause thing that has no legal bearing to begin with.

OP: It seems like he is trying to rid on the coattails of the bank foreclosures and is failing badly

 

[artanis_neravar]

sorry double post

 

[Canadamus Prime]

What a douche. Microsoft is going to stomp this guy flat. Incidentally time for Microsoft employees to take another shot.

http://cellar.org/attachment.php?attachmentid=33450&stc=1&d=1313237859
Sounds like a pretty half-baked plan to me, I think he will need several satellite lasers and shark tanks to get the full 500 Billion.

He probably wants the money delivered to his underground lair too.

 

[KoalaKid]

This is what we call 'being a dick'. I think there should be a law stating that anyone who exploits legal loopholes for their own gain at another's expense will be issued one punch in the face.

I don't think he's being a dick. I think he has a valid argument, and he's simply doing to the corporation what they do to us all the time. By the way I like your avatar.

 

[artanis_neravar]

Hilarious, but only if he actually pulls it off...I so hope he does, my god that'd be hilarious!

Forcing microsoft into bankruptcy and depriving it's 89,000 employees of paying jobs is hilarious to you?

 

[Sparrow]

Well. I think it's a forgone conclusion that this guy is a giant asshole. Hey, I called him an asshole! Do you think he'll sue me for a hundred billion now?