I got mine on launch day from BestBuy.com. Zero issues (it froze once around XMas during my first day of DOA4 - no problems before or after)....
A few suggestions.....
1. Pick horizontal or vertical and DON'T touch it. Moving it during use is what triggers the scratching.
2. Make sure the power brick (boy is THAT named right), is standing vertically balancing on the area where the cord enters the brick. Heat is the enemy here, if you lay it flat on a carpet it will cook and cause problems. Also make sure that you have a firm connection of the power cord to the back of the unit (get a toothbrush and clean the plastic to remove any dust coatings which might inhibit a good connection)
3. Make sure you have at LEAST 3 inches above the 360 unit as heat buildup can trigger the 3 red light error.
4. Try to make sure you pick an outlet that isn't on an overloaded circuit. Bad power (too much undervoltage or overvoltage can cause problems.... better yet, put it on a line conditioner or a large UPS (1200v) to make sure it is getting clean power. (So don't blame Microsoft when your machine flakes out when someone else in your house switches on a vacuum cleaner or a hair dryer).
YES, the original XBox was more forgiving, but with a little extra precautions you can make sure that you are not one of the ones having numerous repeat problems. I've followed all of these and had zero problems