Microsoft Asks To Take Xbox 'Drift' Lawsuit Out Of Court

Cast your mind all the way back to April last year, and you might remember a lawsuit filed against Microsoft, claiming that the joystick component of Xbox One controllers - and specifically the Xbox Elite Wireless Controller - contains a design flaw that Microsoft has failed to disclose.

The lawsuit was amended in October, adding an additional seven plaintiffs and demanding a jury trial (thanks VGC), and Microsoft later opted to extend the warranty of its Xbox Elite Series 2 controller to one year.

Now, Microsoft has asked for the lawsuit to be taken out of court, arguing that by assenting to the Microsoft Services Agreement, plaintiffs "promised to arbitrate disputes on an individual basis using a consumer-friendly process".

“Plaintiffs repeatedly agreed not to bring a lawsuit like this in court. Instead, they assented to the Microsoft Services Agreement and to warranty agreements in which they promised they would arbitrate disputes on an individual basis using a consumer-friendly process before the American Arbitration Association. The Federal Arbitration Act requires enforcing these agreements.”

According to the original plaintiff back in April, the potentiometer within the analogue stick of Xbox One controllers contains an issue in which unwanted electrical contact occurs, and they also claimed at the time that "a large volume" of people had been getting similar 'drifting' issues going back to near the launch of the Xbox One.

What are your thoughts on this lawsuit? Have you experienced drifting? Let us know in the comments.