According to the text of the complaint, Nunez purchased the game in October but could not play the game because he claims "attempted use of Halo 3 consistently causes the Xbox 360 to 'crash,' 'freeze,' or 'lock up' while the game is being played."

The claim alleges that Nunez is not alone in his plight, and that "Many consumers have reported that the Halo 3 video game has caused their Xbox video game console to crash and remain totally inoperable after playing the Halo 3 video game." As such, the suit has been filed as a class action and open to others in Nunez's similarly bizarre situation.

Nunez seeks unspecified relief for his troubles, otherwise he claims others will be hurt by Halo 3's mischievous marketing as well. "Unless equitable relief is granted, the sale of Halo 3 video games for exclusive use on Xbox 360 game consoles will continue unabated," the complaint concludes.

When contacted for comment, a Microsoft rep said the company "just received the lawsuit and are not in a position to comment on it at this time."