Microsoft, Bungie sued over Halo 3

A court case started in a California district court alleging that popular game Halo 3 doesn’t work with the Xbox 360.

The class action, filed by Randy Nunez and others, alleges that Microsoft and Bungie made Halo 3 and stated that it was compatible with the Xbox 360, but that it wasn’t.

The filing says: “Defendants knew or had reason to know that Halo 3 was being purchased by consumers for use on an Xbox 360 and that the buyers of Halo 3 were relying on Defendants’ skill and judgment to furnish goods suitable for that purpose…. However, Halo 3 does not function with the Xbox 360, and to the contrary, attempted use of Halo 3 consistently causes the Xbox 360 to ‘crash,’ ‘freeze’ or ‘lock up’ while the game is being played.”

Microsoft, the filing continues, has had “repeated and mounting consumer complaints and inquiries concerning this operational flaw in Halo 3” but has failed to recall the game or fix the failure.

“Because Halo 3 is not fit for either its ordinary purpose or for the particular purposes for which it was sold, defendants have breached the statutorily implied warranties of the Song-Beverly Consumer Warranty Act.”