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According to the complaint, MSFT understood that the time of year would lead to increased activity, yet "failed to provide adequate access and service to Xbox Live and its subscribers." Of course, we're betting the Redmond-based lawyers point out that clause about not guaranteeing any minimum level of service, but who knows, maybe we'll all end up with two shiny new Arcade titles.
Source- http://www.engadget.com/2008/01/05/microsofts-free-arcade-title-not-enough-still-hit-with-lawsuit/
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