The US Supreme Court will now decide whether Microsoft will face a class-action lawsuit over allegations that the Xbox 360 had a disc-scratching fault.
The Xbox 360 had its fair share of technical problems, not least of which was the infamous Red Ring of Death – a fault that ultimately cost Microsoft $1.15bn.
However, while it was pretty much accepted that moving your Xbox 360 about with a disc in the drive would damage discs, the company could still yet face a legal battle whether this problem was also inherent in the machine's design.
The Associated Press reports that Microsoft has been given permission to argue that such claims raised by individuals have previously been dismissed, thus preventing possible class action. Indeed, the lawsuit was last dismissed in 2012, although the decision was subsequently reversed by the appeals court.
Microsoft added that just 0.4 per cent of owners of the 80m+ Xbox 360s sold ever reported a disc scratching issue and that such damage was indeed a result of consumer misuse.
Polygon reports that the lawsuit, however, alleges that Microsoft was fully aware of the problem and in fact rejected three potential solutions including slowing the speed of the console's disc drive and adding a $0.50 part. It also claims that Microsoft had by 2008 received 55k complaints about disc scratching.