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Old Nov 19, 2012, 09:03 PM   #51
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Originally Posted by 95Viper View Post
This just my opinion and not any kind of legal opinion.

The lawsuit has no grounds.
Microsoft did not hide info or mis-inform/mis-lead anyone.
All the information is in their F.A.Q. and available to anyone.
If this lawyer/consumer was any good they would have done the first thing any normal person would do... RESEARCH.

The case should be tossed on the first day and not allowed to waste anyone's tax dollars.

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What's on a webpage, and what's on the box, or store display ads are two different things. Such disclaimers need to be on the outside of the box, in clearly legible writing. I brought this sort of thing up to AMD about a Sapphire card via email, a long time ago before I was doing reviews, and a lawyer called me within an hour. HE explained to me that if they have a disclaimer on the box about "features are subject to change without notice", which you will now find on many product pages and boxes, then they are covered.


Now, do they have such a disclaimer, on the packaging that is seen on the store shelf?
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Old Nov 19, 2012, 09:36 PM   #52
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I have mixed feelings about this, as it's kind of a slippery slope from a legal standpoint.
While additional information is always a plus for consumers, where does the manufacturer's requirements end and the consumers responsibility to do a little homework begin?
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Old Nov 19, 2012, 09:41 PM   #53
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I have mixed feelings about this, as it's kind of a slippery slope from a legal standpoint.
While additional information is always a plus for consumers, where does the manufacturer's requirements end and the consumers responsibility to do a little homework begin?
Good point. I don't think just any judge is going to be willing to take THAT one on.
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Old Nov 19, 2012, 11:55 PM   #54
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I paid for 12 but I only have 10 available
GRRRRRR
as i previously said manufacturers generally give more than ~80% of the advertised storage space....unlike the present case where 50% storage is lost to OS & pre-defined apps...

So the two are not even remotely the same...
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Old Nov 20, 2012, 01:04 AM   #55
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I have seen plenty of devices use the phrasing "xxxGB Storage" to actually describe the HDD size, and not the available amount of free space. It's pretty established in the industry that the size of the HDD\Flash Memory\SSD is what is advertised, and for consumers at this point they should know you will never get that in full. MP3 Players, Smart Phones, PC's, Laptops, Tablets; all feature larger listed Storage Capacities than you actually see as free space, so I don't buy this lawsuit having any merit for even one second.
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Old Nov 20, 2012, 01:31 AM   #56
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I'm sure that he can sue any mfr of any device then . Becuase you can buy a computer from anyone that has a 128GB SSD advertised or whatever and 20 of that is used on the OS. Pleh this guy and most like him are annoying.
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