This week Microsoft offered a free Xbox LIVE Arcade game to subscribers for enduring the LIVE outages during the holiday week. Apparently that’s not enough for three gamers from Texas, who filed a lawsuit against Microsoft on Friday.

Xbox LIVE had seen a number of issues during the holiday week as a record number of gamers attempted to log on. "Microsoft knew the increase in subscriptions would increase game-play on its servers, yet failed to provide adequate access and service to Xbox LIVE and its subscribers," reads the lawsuit. The three plaintiffs, also filing on behalf of any other gamers who were affected by the outages, are accusing Microsoft of negligent misrepresentation and breach of contract.

I see this lawsuit either resulting in the judge throwing it out or every Xbox LIVE user being awarded a check for five dollars (essentially the same dollar value as the free Arcade game Microsoft will be offering anyway). No one likes outages but this is a bit overboard. All the trouble these three guys went through to get a lawyer, file the suit, etc. probably wasted more gaming time than any server disruption could have.