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Of course that doesn't explain it. Neither do. You're just as likely to get an asshole at 1 AM than you are at any other time of the day and I'll still get matched up with people all over america no matter what. But hell, silent players seem to be the norm from what I've heard around other parts of the internet and my experience matches that.
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I don't think it really matters what time you play, you will still likely get some twat shouting at you just because of "LOL UR A FAG LOL!" purposes.
Slightly on topic... not one of my DVDs have been scratched whilst being played via Xbox. Sure over time and a mass amount of playing a DVD will get surface scratches but that happens in any DVD player, not just an Xbox. Not really sure why anybody would sue over this to be honest. Surely it would cost more to sue than it would to buy a brand new DVD?
Jam it back in, in the dark.