Dozens of posts claiming people are stupid to move an Xbox while it is reading a disk & the law suit is frivolous, totally miss a couple of major points:
1) This is happening with Xbox 360's and only Xbox 360s'- to the point that about 55,000 complained (how many didn't?). If there was an army of idiots out there juggling players while the disk was spinning, you would expect similar large numbers of Wii, PS2 and PS3 owners to have problems. They don't. Wii owners have other problems such as flying remotes, but no class-action law suits on scratched disks. On the other hand MS had to put aside $1 billion for Xbox warranty repairs - mostly RRoD, but also scratching.
2) MS claim it only happen when people tilt the player; but plenty of evidence including a repair shop that conducted a test on a batch of machines, say that it happens without tilting the player.
3) MS keep swapping the DVD player used in the 360; as with most consoles they are trying hard to keep the cost per unit down, but experts have pointed out that they are missing some components like a clamp or bumpers that would make the drives more robust. I doubt lawyers jump into class-action lawsuits with MS's army of evil lawyers without having a modicum of evidence.
4) When you scratch a game disk (which spins for hours on end during logn games) you potentially lose an expensive game. Not like burning a disk & finding you have a coaster. Not just a slightly scratched disk either; people are talking about the optical reader mech, grinding a channel into the disk killing them.
5) Advice to keep the 360 horizontal, level & stable, may not work anyway, and ignores the expected operating environment - MS publicity shots pretty much always show it vertically. Often they operating with kids jumping around (watch somebody playing Guitar Hero), sub-woofers pumping, maybe sitting on the carpet in front of or beside the TV. Not totally unexpected that the 360 might vibrate or move a little. Most devices work fine; including my old PS2 with the kids yanking on controller cords and jumping around the floor with eyetoy. My laptop even works fine while moving & tilting the player; I just tried it, though it was only about the 2nd or 3rd time I ever used the optical drive in the HP.
So why the legion of people blaming the user? Think about it; there is more to it than just the odd failure due to idiots