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# 95001 23-Dec-2011 20:11
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Ok, so my blog post is posted, but I wonder what everyone thinks and their experiences?

Basically my older console is affected by a known update which causes it to be unable to read disks anymore.


Does anyone think I would be able to push on and get a result, even if I have to go to consider legal avenues?

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  # 561052 23-Dec-2011 20:44
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I would say take back the XBox and the Kinect to the store you brought the Kinect from and ask them to repair it.

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  # 561055 23-Dec-2011 20:45
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Xbox360 unit itself is 3 years old and out of warranty (as said by Ross). It is the Kinect unit and the game new.




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  # 561056 23-Dec-2011 20:48
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codyc1515: I would say take back the XBox and the Kinect to the store you brought the Kinect from and ask them to repair it.


That is a good way to look at it.

A good analogy is this:

If i have a computer then purchase a webcam and the drivers destroy the computer who is at fault.

The shop i bought the webcam?
The shop i bought the computer?
The webcam manufacturer?
The computer manufacturer?

If i bought a webcam and it turned my PC into a paperweight i would be straight in the shop demanding answers. Now this is a little more complicated as both the computer and webcam are the same manufacturer so it seems reasonable that they would repair it.

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  # 561057 23-Dec-2011 20:49
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jbard:
codyc1515: I would say take back the XBox and the Kinect to the store you brought the Kinect from and ask them to repair it.


That is a good way to look at it.

A good analogy is this:

If i have a computer then purchase a webcam and the drivers destroy the computer who is at fault.

The shop i bought the webcam?
The shop i bought the computer?
The webcam manufacturer?
The computer manufacturer?

If i bought a webcam and it turned my PC into a paperweight i would be straight in the shop demanding answers. Now this is a little more complicated as both the computer and webcam are the same manufacturer so it seems reasonable that they would repair it.

I would argue the webcam manufacturer. With that said the shop you brought the webcam from should offer to repair everything that its product cause damage to (provided there was no warning or exclusion of liability of course).

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  # 561059 23-Dec-2011 20:51
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codyc1515:
jbard:
codyc1515: I would say take back the XBox and the Kinect to the store you brought the Kinect from and ask them to repair it.


That is a good way to look at it.

A good analogy is this:

If i have a computer then purchase a webcam and the drivers destroy the computer who is at fault.

The shop i bought the webcam?
The shop i bought the computer?
The webcam manufacturer?
The computer manufacturer?

If i bought a webcam and it turned my PC into a paperweight i would be straight in the shop demanding answers. Now this is a little more complicated as both the computer and webcam are the same manufacturer so it seems reasonable that they would repair it.

I would argue the webcam manufacturer. With that said the shop you brought the webcam from should offer to repair everything that its product cause damage to (provided there was no warning or exclusion of liability of course).


That is the way i look at it is well.  



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  # 561060 23-Dec-2011 20:53
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But the problem as I understand it from reading on other forums, is I would still have this problem without the new games/kinect as the software update in May 2011 caused this.

Q - So who do I go to then?
A - MS, who will not do anything.

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  # 561061 23-Dec-2011 20:57
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rscole86: But the problem as I understand it from reading on other forums, is I would still have this problem without the new games/kinect as the software update in May 2011 caused this.

Q - So who do I go to then?
A - MS, who will not do anything.

This is relevant? http://majornelson.com/2011/05/18/clearing-up-some-confusion/

 
 
 
 


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  # 561064 23-Dec-2011 21:12
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rscole86: But the problem as I understand it from reading on other forums, is I would still have this problem without the new games/kinect as the software update in May 2011 caused this.

Q - So who do I go to then?
A - MS, who will not do anything.


Ahh ok, so then the fault is completely down to MS, not really sure what else you can do in this situation.

CAB? but i'm not sure they could actually help. Worth a try though - if they do side with you MS might just fix the problem to keep you quiet.

Also seems a bit dodgy that the MS software doesn't have an option for a free repair when outside of warranty - even when a manager authorizes it, i would suggest you were being fed some BS their. 



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  # 561075 23-Dec-2011 21:49
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codyc1515:
rscole86: But the problem as I understand it from reading on other forums, is I would still have this problem without the new games/kinect as the software update in May 2011 caused this.

Q - So who do I go to then?
A - MS, who will not do anything.

This is relevant? http://majornelson.com/2011/05/18/clearing-up-some-confusion/


How? I have read that before, and it may even by in my blog post. Regardless of which update caused the fault... it is still due to their update.

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  # 561077 23-Dec-2011 21:51
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rscole86:
codyc1515:
rscole86: But the problem as I understand it from reading on other forums, is I would still have this problem without the new games/kinect as the software update in May 2011 caused this.

Q - So who do I go to then?
A - MS, who will not do anything.

This is relevant? http://majornelson.com/2011/05/18/clearing-up-some-confusion/


How? I have read that before, and it may even by in my blog post. Regardless of which update caused the fault... it is still due to their update.

Exactly, so they would be responsible for fixing it wouldn't they. Surely the Consumer Guarantees Act. comes into play here..

gzt

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  # 561092 23-Dec-2011 23:43
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If they made that decision knowing it would affect older consoles and decided the price was worth it to increase the installed base market for the next gen discs, then they should be prepared to pay the price for that. If you have the time, go and make that argument at disputes court.

If this was something unforseen by MS, and it affected your out of warranty console for which updates are optional [and provided without warranty] then you would be lucky to win.

$135 for a genuine repair - but check with a couple of the independent outfits. Might be very cheap or parts + diy.



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  # 561094 23-Dec-2011 23:48
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gzt: 
If this was something unforseen by MS, and it affected your out of warranty console for which updates are optional [and provided without warranty] then you would be lucky to win.


How would updates be optional, when buying a new game, or attempting to sign on to xbox live requires you to update your console first?

gzt

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  # 561099 24-Dec-2011 00:17
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rscole86:
gzt: 
If this was something unforseen by MS, and it affected your out of warranty console for which updates are optional [and provided without warranty] then you would be lucky to win.


How would updates be optional, when buying a new game, or attempting to sign on to xbox live requires you to update your console first?


Regardless of that, I think you have a good case under the CGA, it is very clear on these points:

http://www.consumer.org.nz/reports/consumer-guarantees-act/the-guarantees

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  # 561105 24-Dec-2011 06:48
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Because games are starting and then failing with unreadable errors after some playing time, your DVD drive is probably failing mechanically. This isn't unusual for an old drive that hasn't been used for some time.

If your DVD drive was incompatible with the new (XGD3) format, the games wouldn't load at all. Ditto if the update, which reflashes the drive firmware, had bricked the drive.

You can replace the DVD drive yourself for $40 or so if you can source exactly the same model (try eBay or DealExtreme), by swapping out the controller board. There are guides for doing this online. This can be tricky depending on the model though. NZ companies like Tronix.co.nz will do this for you.

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  # 561202 24-Dec-2011 14:46
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gzt:
rscole86:
gzt: 
If this was something unforseen by MS, and it affected your out of warranty console for which updates are optional [and provided without warranty] then you would be lucky to win.


How would updates be optional, when buying a new game, or attempting to sign on to xbox live requires you to update your console first?


Regardless of that, I think you have a good case under the CGA, it is very clear on these points:

http://www.consumer.org.nz/reports/consumer-guarantees-act/the-guarantees


As above it should be still covered under the CGA, Updates are a service provided by Microsoft as agreed upon during purchase of the Console, It appears updates are what has bricked the console (And if it wasn't the update then it was likely mechanical failure which is a major failure of the device) depending on the guidelines for such a device it may be still covered under the CGA.

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