MTV managed to have a chat with the lawyer who is suing Microsoft based on their lengthy Xbox Live outages. The lawyer stated that MS knew what was going to happen with the Xbox Live overload and if they didn't then they wouldn't have put out so many Xbox 360 unit's to start with thus proving MS's priorities were out of order. Moreover, he went on to comment they take money for subscriptions but don't make sure the service will be there and in the process put the cart before the horse.

At least some gamers' hopes lie with Gibson, a consumer-fraud attorney who claims he's never lost a trial and who has recently been working on a case against coin dealers who allegedly suckered elderly collectors into bad deals (one of the alternate URLs for Gibson's law firm is coinfraud.com).

"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," Gibson said. He said the company had to have known what was going to happen with the Xbox Live overload. "If they had not anticipated the sales, then they would not have put out that many units of the Xbox to begin with." Last week, Microsoft announced that Live had reached 10 million subscribers and claimed record-setting revenue for consoles sold in 2007, covering strong sales through the holiday season. Gibson said that proves Microsoft's priorities were out of order.

"They take the money for the subscriptions, but they don't make sure that the service is going to be there," Gibson said. "They kind of put the cart before the horse. To me, you make sure the service is going to be there. Make sure the product is going to be there. And then feel good about taking money for the service and the product."

Dennis said Microsoft could not comment on the lawsuit because the company has yet to be served. Gibson is in the process of doing so, after which Microsoft will have 20 days to respond to the suit.

Asked if any alleviation of the Xbox Live issues would nix the suit, Gibson said the damage has already been done and that he would proceed. He said he has received more than 500 e-mails from gamers, 10 percent of them mocking or questioning the lawsuit but the rest expressing solidarity. He said that more than 50 more plaintiffs have joined Kay, Smith and Perez in the suit.

"What they would like to see is Microsoft fix the problem," Gibson said. "They'd like to be reimbursed for the money they spent when they haven't received the service, and hopefully it will make Microsoft do the right thing in the future."