Flash card class action lawsuit:

Windows is telling me right now that my 4.0gb Sandisk has a capacity of 4,079,943,680 bytes ....

.... or 3.79 gigabytes.

Mind you, the box does ALSO tell me roughly how many images i can expect to store on it.

Unless any of us would NOT have paid what we paid for a Compact Flash (and what alternative would we have had?) if we'd known the hideous truth, this looks to me like opportunism.

When I look at the "defendants" above, I'd have thought any half-decent lawyer could argue that they are in a powerful enough position within the industry for their decimal definition to constitute an industry standard for Compact Flash (irrespective of how Microsoft measure a gb).

But then, the terms of these settlements indemnify them against any further claims on this issue, even on the basis of nw knowledge that might come to light later, or even if someone thinks up another way to bring a claim later. So maybe they see the settlement as insurance.

It happens whenever you have a success. Steven Spielberg once said the only movie no one ever attempted to sue him over was "1941"

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Hard disks are almost universally measured in metric bytes (multiples of 1 billion bytes, not multiples of 2^30 bytes). Compact flash cards are generally measured the same way. Oddly enough, Microdrives tend to be measured in true power-of-2-based megabytes and/or gigabytes.

4 Gigabytes (power-of-2-based) would be: 4,294,967,296 bytes. If you divide 4,079,943,680 by 2^30, you indeed get 3.79974.
Windows is telling me right now that my 4.0gb Sandisk has a
capacity of 4,079,943,680 bytes ....

.... or 3.79 gigabytes.

Mind you, the box does ALSO tell me roughly how many images i can
expect to store on it.

Unless any of us would NOT have paid what we paid for a Compact
Flash (and what alternative would we have had?) if we'd known the
hideous truth, this looks to me like opportunism.

When I look at the "defendants" above, I'd have thought any
half-decent lawyer could argue that they are in a powerful enough
position within the industry for their decimal definition to
constitute an industry standard for Compact Flash (irrespective of
how Microsoft measure a gb).

But then, the terms of these settlements indemnify them against any
further claims on this issue, even on the basis of nw knowledge
that might come to light later, or even if someone thinks up
another way to bring a claim later. So maybe they see the
settlement as insurance.

It happens whenever you have a success. Steven Spielberg once said
the only movie no one ever attempted to sue him over was "1941"

--
Galleries at http://www.pbase.com/garyp
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I can't remember, but did anyone sue monitor manufacturers back when they claimed 21" monitors but only had 20" viewable? Anybody else remember those days? You just had to keep in mind that the size rating of the monitor didn't quite equal the actual viewable screen. Not really a big deal. It's like when you see miles-per-gallon ratings on new cars you know to take them with a grain of salt.

I understand the desire for accurate advertising, but a simple regulation would do the trick. I wouldn't mind if memory/storage manufacturers were required to list exact hard drive sizes in bytes, but really is it worth suing over? More importantly, is this lawsuit ethically justified, or are these people in for a quick buck? I say the latter is true. "Oh, I'm so distressed that my 4GB card is actually 3.97 GB!!!"

-Yohan
 
1) There are always going to be greedy people that sign up for this kind of thing.

2) Who ends up paying for it? Manufacturers will put up their prices to cover themselves against this kind of litigation so the answer is that we do.
3) Who wins? The lawyers.
No one is forcing you to sign up. If you don't agree with the class
action, don't sign up.

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... when you buy into these "lawyer enrichment schemes".
Hopefully you aren't one of those folks that calls Canon 'greedy'.
Ken

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Voted Best of the City 2004 by Cincinnati Magazine
I don't believe in fate, but I do believe in f/8!
 
I challenge you to come up with even once instance where a product price was raised because of a class action. I doubt you can.

"Who ends up paying for it? Manufacturers will put up their prices to cover themselves against this kind of litigation so the answer is that we do."
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I guess I am too much on the band wagon. I should not say lawyers are bad...they are doing their job and earning good money which you can't fault them for.

How the system became this way though that lawsuits have exploded and people can sue for the most rediculuous thing is really what I don't like.

Man I must be getting old complaining about the system ; )
you can't make a blanket statement that all lawyers are bad. bad
lawyers are bad, but not all of them.

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... people sue people.

;-)

Sponsored by the N.L.A.

My suggested remedy would be to allow punitive damages, (because seomteims multinationals NEED to be punished) but to severely cap the amount of the punitive damages that goes to the plaintiff and the lawyer.

The rest would go to a central fund for people who can't afford legal representation any other way.

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I challenge you to explain where the hell else you think the money comes from.

Even if prices don't go up, they won't drop as fast as otherwise they might.

It's not a victimless legal action.

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At one point it was costing Cesna $25,000 per aircraft to insure against product liability, an amount that had to be added to the sale price. Many of the actions against them were for acidents that were blatently pilot error and miss handling, not any fault of the aircraft or manufacturers.

At one point, two different pilots were suing them. The first hadn't screwed down the oil dipstick properly after checking the levels and the engine failed when the sump ran dry. He was arguing that it should have leaked oil onto the windscreen to warn him (ignoring the fact that checking oil temp and preasure is a standard part of flying drill).

The second pilot was suing because a failed oil line (a part that Cesna didn't make) sprayed oil onto the windscreen and he couldn't see. The claim in this case was that Cesna should have made it imposible for this to happen.

There is no such thing as free money. Manufacturers look at the risks involved in selling a product and try to cover this risk. In a lawyer dominated society then the costs of cover are high because of this kind of action. You may not see a bump in prices as costs are falling anyway, but without the need to factor in things like this they would fall faster.
I challenge you to come up with even once instance where a product
price was raised because of a class action. I doubt you can.

"Who ends up paying for it? Manufacturers will put up their prices
to cover themselves against this kind of litigation so the answer
is that we do."
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the premise of being a lawyer is actually good. they defend the
rights of their fellow human beings. no matter what side they are
on. sure, there are bad evil lawyers but there are good ones too.
In this case they defend idiots that do not understand powers of 1024 nor file system overhead.

Whenever someone walks up to a lawyer saying he/she wants to sue Sandisk for something redicilous as this, the lawyer should kick him/her out the door throwing a book 'Bytes for dummies' after him/her instead of helping frustrate businesses.

Just my 2 eurocents
 
..you have a lot of folks that get on a jury and they are so stupid and self centered they ignore the evidence or the common sense situations because they are so eager to stick it to someone, anyone with more money than they have in hopes that they too can file a frivolous lawsuit some day and an equally stupid and self centered jury will award them the jackpot.

It takes folks like this to feed some segments of the plaintiff trial bar (notice I am not slamming all attorneys) red meat and they in turn invent class actions to make even more money.

There are good legitimate attorneys who do go into court to help folks with problems they are having with insurance, products or the true carelessness of others. I have no quarrel with folks who want compensation for a wrong against them and attorneys who work hard to prove their case.

IT is the folks who run ads on TV trying to convince the great unwashed that they have been wronged at almost every turn of life's path that make me sick.

In my state a man was driving drunk, without a seat belt. He ran off the road, hit a tree and was ejected out the windshield. He was not killed, but was rendered an invalid. The trial lawyer who got hold of the case and sued the vehicle manufacturer convinced a jury of stupid self centered people that because this company had reported problems with door locks allowing the doors to pop open during accidents that his client should be awarded $256 MILLION dollars. In this case the doors never opened, the driver was drunk, was not wearing a seat belt and exited the vehicle via the windshield. IMHO this person committed a crime against themselves.

I did join the Apple iPOD battery class action because I felt consumers had not been treated fairly. To sue over the old MegaBit MegaByte deal is a lawyer looking for a way to buy another vacation home or a Canon 1200mm F 5.6 prime! ;-)

--
CDL



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I do agree with the "too many lawyers" in principal. Maybe it should say "too many litigation lawyers" to narrow the field.

All you have to do is listen to the radio or watch the TV to see "those" kind of lawyers. Makes me sick, and yes I think it's bad for us in the long run.

So here's part of the solution:

Since litigation lawyers are so accustomed to receiving part of the winner's winnings. I think that could be expanded to include both sides. You win the case, and your client wins $X dollars, you get half. You loose the case, and your client looses $X dollars, you pay half. Would certainly cut down on some of these huge multi-million dollar cases...

Hmmmm... its a starter...

Now, how can I blame them for the rest of the ills of mankind...

lol

m

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