I just knew this was going to happen.  Just a few days after Microsoft announced that they will give a free arcade game to Xbox Live gamers for the holiday network issues, someone decided that was just not good enough.  Someone has filed suit against Microsoft claiming Microsoft should have expected the troubles because of the holiday season, and therefore are in breach of contract.

I don’t know whether to laugh at this story, or to get angry.  Yes, I was upset that I wasn’t able to play Call of Duty 4 as much as I wanted, but that is certainly no excuse to file a lawsuit over.

If you received a new Xbox 360 or 360 game at Christmas, then you were probably disappointed at all the trouble you had connecting to Xbox Live during that time.  Over the holiday period Xbox Live had widespread issues reportedly due to the heavy increase in traffic.

In an effort to make gamers happy, Xbox Live GM, Marc Whitten wrote a letter that was posted on Xbox.com and Major Nelson’s blog.

“At the same time we would like to offer a token of our appreciation to all of you in celebration of record success for the service.  And as a thank you for your loyalty during this holiday period, we will be offering all of our Xbox LIVE members around the world access to a full Xbox LIVE Arcade game that will be available to download free of charge.  In the coming weeks we will be sharing the specific details of this offer with you. ”

Hopefully users of Xbox Live will be able to choose their game of choice, and not be handed something at XBL’s choosing.  We will have to wait for more details to see what will happen.