• Welcome to TechPowerUp Forums, Guest! Please check out our forum guidelines for info related to our community.

LA lawyer files suit against Microsoft over Surface storage capacity

cadaveca

My name is Dave
Staff member
Joined
Apr 10, 2006
Messages
16,597 (3.83/day)
Likes
11,001
Location
Parkland County, Alberta
#51
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.

Surface disk space FAQ

Quote from page:
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?
 

Kreij

Senior Monkey Moderator
Joined
Feb 6, 2007
Messages
13,817 (3.43/day)
Likes
5,524
Location
Cheeseland (Wisconsin, USA)
#52
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?
 

cadaveca

My name is Dave
Staff member
Joined
Apr 10, 2006
Messages
16,597 (3.83/day)
Likes
11,001
Location
Parkland County, Alberta
#53
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.
 
Joined
Aug 2, 2012
Messages
120 (0.06/day)
Likes
13
#54
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...
 
Joined
Mar 24, 2011
Messages
2,287 (0.91/day)
Likes
529
Location
Burlington, VT
Processor Intel i5-2500k
Motherboard MSI P67A-GD65
Cooling Deep Cool Gammax 400
Memory 8GB (4x2GB) G.Skill Ripjaws X DDR3-1600
Video Card(s) Gigabyte GTX 1060 Windforce OC 6GB
Storage Samsung EVO 850 256GB / WD Caviar Black 1TB
Display(s) Acer GD235HZbid 120hz LCD
Case Rosewill Challenger Mid-Tower
Audio Device(s) Onboard
Power Supply Corsair 650W 650-TX
Software Windows 10
#55
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.
 
Joined
May 13, 2010
Messages
4,458 (1.57/day)
Likes
1,640
System Name RemixedBeast
Processor Intel i5 3570K @ 3.4Ghz
Motherboard ASRock Z77 Pro3
Cooling Coolermaster Hyper 212 Evo
Memory 16GB Corsair XMS3
Video Card(s) EVGA Nvidia GTX 650 Ti SSC 1GB
Storage 1.5TB Seagate/128GB Samsung 840
Display(s) Samsung SyncMaster P2350 23in @ 1920x1080 + LG Flatron 19in Widescreen 1440x900
Case Antec Three Hundred Two
Audio Device(s) Beyerdynamic DT770 Pro 80 // Fiio E7 Amp/DAC
Power Supply 620w Antec High Current Gamer HCG-620M
Mouse Logitech G700s/G502
Keyboard Logitech K740
Software Windows Server 2012 x64 Standard
Benchmark Scores Network: APs: Cisco Meraki MR32, Ubiquiti Unifi AP-AC-LR and Lite, Ligowave NFT-3AC
#56
I'm sure that he can sue any mfr of any device then :rolleyes: . 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.