Lawyer in Xbox Live case speaks out

The lawyer representing those angry Texans suing Microsoft claims he has never lost a trial and that he is "on the right side of this deal".

Jason Gibson spoke to MTV on Tuesday, reaffirming his opinion that accusers Keith Kay, Orlando Perez and Shannon Smith have a strong case.

"These are not guys looking to get rich," said Gibson. "They are in their late 20s and 30s. They are college-educated. These are not young kids who just turned 18 and [want] to sue for the fun of it. This is, to them, a real issue."

The trio seek USD 5 million for the abysmal Xbox Live performance during the Christmas period, claiming MS misrepresented itself and breached its contract through negligence.

"[Microsoft] take the money for the subscriptions, but they don't make sure that the service is going to be there. They kind of put the cart before the horse," Gibson continued, lawfully.

"When you have one person who is mad and they can't get a response, and they can't get their complaints addressed by a company like Microsoft, the only way to get their attention is in numbers."

Microsoft publicly responded to criticisms by offering a free Live Arcade game to all of its Gold subscribers, although the promise is yet to materialise. It has also been prevented from giving any further status updates of the online service by the pending case.

Jason Gibson is currently in the process of serving Microsoft with the lawsuit, after which it will have 20 days to respond. The best result for him and those he represents is Live being fixed and MS not making false promises in the future and ruining Christmas.

Apparently lots of you feel the same way too, and have been responsible for around 500 emails to Gibson offering support. Oops, wait, no, 10 per cent of those mocked and questioned him.

But he remains optimistic.

"They're not going to get a windfall or anything like that," realises Gibson.

"Contrary to what other people might say about the lawyers involved, I'm on the right side of this deal. I tend to fight for the underdog."

Microsoft cannot comment on the case until it is served.