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nolan

WD Settles drive capacity lawsuit

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I did a quick search and didn't see this mentioned anywhere.

Western Digital is handing out a free copy of EMC Dantz Restrospect Express Backup and Recovery software to anyone that bought a WD hard drive between 2001 and the present. Don't know if it applies only to the US or not but I suspect that it does.

You only have until July 15th to register to be part of the lawsuit.

From ABCnews.com:

"By MICHAEL LIEDTKE AP Business Writer

SAN FRANCISCO Jun 27, 2006 (AP)— Western Digital Corp. is offering free software to about 1 million consumers to resolve a class-action lawsuit alleging that its computer hard drives stored less material than promised a discrepancy stemming from high-tech's different standards for sizing up digital data.

Under the settlement announced Tuesday, Western Digital will give away software designed to back up and recover computer files to anyone who bought one of the company's disk drives from March 22, 2001, through Feb. 15 of this year.

To get the software, the 1 million eligible consumers must register their claims before July 16 at http://www.wdc.com/settlement.

The settlement, approved earlier this month by U.S. Magistrate Judge Bernard Zimmerman in San Francisco, pegs the software's retail value at $30 per copy. Consumers paid an average of $150 for the hard drives covered in the suit.

Besides buying the software for consumers, Western Digital has agreed to pay $500,000 in fees and expenses to San Francisco lawyers Adam Gutride and Seth Safier, who filed the suit last year. The proposed legal fees still require court approval.

Lake Forest, Calif.-based Western Digital believes the suit's allegations are unfounded, but decided to settle to avoid a potentially expensive legal battle, said company spokesman Steve Shattuck.

A similar lawsuit, filed in San Francisco Superior Court by the same lawyers, is still pending against another top disk drive maker, Seagate Technology. "

Remainder of article here:

http://abcnews.go.com/Technology/wireStory?id=2126344

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Ha! Everything is possible in America.

Suing WDC for advertizing their HDD capacity in decimal gigabytes even when they try to make sure there should be no doubt whether they use decimal or binary definitions of the prefixes...

That's like if I was selling my car and said my car has an engine with displacement of 1147 cubic centimeters, and because some total dimwit will misunderstand it to be 1147 cubic inches - but would that really make me a liar and a bad advertizer? Even if it's American custom to report displacement in CID. Why don't they already get rid of the f-ing imperial units already? Out with the voodoo units and salute to the S.I. But nooooooo. What'd be wayyyy too simple to use a 10-base system.

Did Western Digital ever even imply that their drives had a capacity of X GiB? No (AFAIK).

I guess class action suits against Seagate, Hitachi and Samsung will soon follow. And even people who actually knew they used decimal definitions will start to pretend they've been cheated and participate in class action suits. Slimy little bastards.

And of course only Americans will enjoy these benefits of joining the class action suits while rest of the world will pay the price of Pure American Stupidity.

Edited by whiic

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And of course only Americans will enjoy these benefits of joining the class action suits while rest of the world will pay the price of Pure American Stupidity.

You should really make that Pure Greedy American Lawyers and not Pure American Stupidity. They badly need tort reform in this country. It's really the ambulance chasing lawyers that started it. The lawyers have created an atmosphere where if an accident happens, you should be entitled to hit the lottery at the expense of big bad companies. The reality is if the attorneys weren't hounding people painting a rosey picture, people wouldn't partake IMO. Class action to me means some lawyers get rich and the common folk get a certificate to buy more products from the company that supposedly defrauded them.

And what exactly are the benefits we are receiving? I wouldn't call a piece of software I don't want to be a benefit. On the other hand, without the American market, what do you think you would be paying for drives without the volume from our economy?

Then again, it sounds like you are just a basher.

On another note, I HATE the Imperial measuring system here and agree wholeheartedly it is easier in metric.

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The problem is not the lawyers. You know they'll make things up if they think they can get away with it. The problem is the judges that are so stupid to award insane amounts of damages for what often amounts to user error/stupidity. I still remember that stupid cow that scorched her ... private parts with hit coffe and sued Mc Donalds or some burger chain. Really, your judges are totally, completely stupid and disconnected from reality. Even worse than here it seems.

BTW I've used Dantz Restrospect on a few occasions and IMO it sucks. I'd sue WD for "giving" an inferior product.

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"Then again, it sounds like you are just a basher."

Hey, I wasn't the one mentioning lawyers attacking health care, etc. And you admitted you too hate the Imperial measuring system.

Me ... a basher? Because I mentioned Pure American Stupidity? You defend American people with the fact that lawyers manipulate them. Well, what kind of people let lawyers manipulate them so easily? A lawyer would be the very last being on Earth I'd trust... I'd even listen to a psychic before a lawyer. (He/she'd be probably the next last person I'd listen to.)

Why do you tolarate that sort of thing going on and on?

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Pure American Stupidity?

Whiic, do you know how many of your hard drives were designed in America? And you may be wrong about American people being manipulated by the lawyers... perhaps they *like* to resolve things by lawsuits.... If you were an American and you'd bought Guacamole dip, you might be entitled to compensation. ;)

https://www.lawyersandsettlements.com/possible.html

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The problem is not the lawyers. You know they'll make things up if they think they can get away with it. The problem is the judges that are so stupid to award insane amounts of damages for what often amounts to user error/stupidity. I still

the bad thing is that this Class Action Lawsuit was not even brought on by consumers, but by the attorneys themselves... Utter rubish. How on earth did they win it? Maybe I should sue the lawyer for increasing the price of my products?

ps.: keep the political oppinions out of this. Bashing Americans or other peoples contributes little to the discussion.

Edited by drizzt81

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I'm really disappointed that WD settled on this. I was hoping that they’d fight it and really make the litigants look foolish. Perhaps it’s too costly to defend a lawsuit, even if you are in the right. If that’s the truth then it really is a sad indictment on the system.

I really hope that Seagate holds firm and defends this one. It really annoys me that the lawyers can win this one.

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Ok it looks like I was right about them settling just for convenience, even though they knew that they were in the right.

 
3.				  DEFENDANT’S DENIAL OF WRONGDOING AND LIABILITY

Defendant has denied and continues to deny each and all of the claims and contentions alleged by the Class Representative.  Defendant expressly has denied and continues to deny all charges of wrongdoing or liability against it arising out of any of the conduct, statements, acts, or omissions alleged, or that could have been alleged, in the Litigation.  Defendant also has denied and continues to deny, inter alia, the allegation that the Class Representative, the Class, or any other member of the public has suffered damage or harm by reason of any conduct, statement, act, or omission of Defendant.

Nonetheless, Defendant has concluded that further conduct of the Litigation would be protracted and expensive, and that it is desirable that the Litigation be fully and finally settled in the manner and upon the terms and conditions set forth in this Settlement Agreement.  Neither this Agreement, nor any of its terms or provisions, nor any of the negotiations or proceedings connected with it, shall be construed as an admission or concession by Defendant of the truth of any of the allegations in this Action.

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On another note, I HATE the Imperial measuring system here and agree wholeheartedly it is easier in metric.

Did not United States of America sign off on the Metric Treaty well over 100 years ago in Paris, along with a few Euro countries? Yes, that is correct. Damn little progression to cheer about since. :blink:

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I've tried to register several times and all I get (after entering the required information) is this: The claim form is unavailable at this time due to system maintenance. Please try again later. Thank you for your patience.

Has anyone been successful at registering on-line?

Edited by burnselk

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As others have stated, this is primarily a victory for the lawyers. The consumers get some lame backup software whereas the laywers get "Besides buying the software for consumers, Western Digital has agreed to pay $500,000 in fees and expenses to San Francisco lawyers Adam Gutride and Seth Safier, who filed the suit last year. The proposed legal fees still require court approval."

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Adam Gutride and Seth Safier

Mmmm. I wouldn't trust people with names like that even if they weren't lawyers...

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"Then again, it sounds like you are just a basher."

Hey, I wasn't the one mentioning lawyers attacking health care, etc. And you admitted you too hate the Imperial measuring system.

Me ... a basher? Because I mentioned Pure American Stupidity? You defend American people with the fact that lawyers manipulate them. Well, what kind of people let lawyers manipulate them so easily? A lawyer would be the very last being on Earth I'd trust... I'd even listen to a psychic before a lawyer. (He/she'd be probably the next last person I'd listen to.)

Why do you tolarate that sort of thing going on and on?

I have always appreciated the civility in this forum. Then there's whiic, who has managed to be both rude and laughably idiotic in his infantile anti-Americanism. Think for a moment and you'll see what I mean. Finland is part of the EU, which must have the most horribly bloated and ineffective bureaucracy in history. I won't even mention the "European Constitution," the most ghastly monstrosity in Western legal history. (Well, I guess I did mention it, didn't I?) whiic would speak Russian if the US had not kept the Soviet Union at bay with American know-how. whiic would still be using an abbacus without American technology. Somehow, though, he manages to badmouth Americans as a people ("what kind of people ..."). Naturally, he omits that these same people are mostly responsible for modernity.

:angry:

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I'm really disappointed that WD settled on this. I was hoping that they’d fight it and really make the litigants look foolish. Perhaps it’s too costly to defend a lawsuit, even if you are in the right. If that’s the truth then it really is a sad indictment on the system.

I really hope that Seagate holds firm and defends this one. It really annoys me that the lawyers can win this one.

Absolutely some years back I had a real problem in which I was losing my business caused by another companies bad workmanship, I went to court to try to save my business and employees but the dumass court kept running up my costs along with the lawers and because I didn't have enough money to carry on I had to give up and also lost my business as a result.

I feel very bitter towards people fighting cases when they know they are in the wrong if they have enough money they know they will win.

It's all weighted towards the rich I'm afraid.

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I have always appreciated the civility in this forum. Then there's whiic, who has managed to be both rude and laughably idiotic in his infantile anti-Americanism. Think for a moment and you'll see what I mean. Finland is part of the EU, which must have the most horribly bloated and ineffective bureaucracy in history. I won't even mention the "European Constitution," the most ghastly monstrosity in Western legal history. (Well, I guess I did mention it, didn't I?) whiic would speak Russian if the US had not kept the Soviet Union at bay with American know-how. whiic would still be using an abbacus without American technology. Somehow, though, he manages to badmouth Americans as a people ("what kind of people ..."). Naturally, he omits that these same people are mostly responsible for modernity.

I didn't really want to get in to this but some of your statements are so ridiculous I had to. Americans are largely responsible for modernity and whiich would still be using an abacus without American technology? This is one of the silliest statements I've ever heard. Sure Americans have made a big contribution but so have non Americans. Also many of the Americans in question grew up in and got their education in other countries. Now there are various reasons why they went to the US and many of them perhaps would not have made such big contributions if they had not gone to the US but it is ludicrious to suggest they wouldn't have done anything if they hadn't gone to the US. It is also ludicrious to suggest that other people in other countries wouldn't have came up with much of what the 'Americans' invented so that we'd still be using the abacus. (And of course, American's have also invented much less noble things like a number of weapons or even silly stuff like intelligent design)

You're also ignoring the fact that one of the reasons American's have been able to make a contribution has been because of their success at getting rich at the expense of others by selling weapons and otherwise taking advantage of people in other countries. Of course, most every rich country has done this to some extent (and even the poor often have to a much lower extent), but then you can't deny the American's have been particularly successful at it. In fact, even within America, one of the reasons for the countries wealth has been the fact the way that the poor and slaves have been so successfully used (again, this isn't unique to the US either of course but again they have been particularly successful at it). Is this really something for you to be proud of?

There is really no way we can know what the world would be like if the US hadn't existed. Would we be more advanced technologically or less? What language would we be speaking? Would we be more peaceful or less peaceful? Etc etc. Of course, if we we're to analyse such a scenario, we would have to first consider why the US never existed. Clearly all this is going to significantly affect the history of many countries. In the end, it is way to complicated really and simpilistic statements like we would all be using the abacus or speaking German or speaking Russian or whatever just proves the person who makes said statements hasn't really considered the implications of his or her scenario.

I don't want to go any further. I'm not defending whiich comments, they were in poor taste. But this is no excuse to come up with more silly comments that don't make much sense. So let's not get in to a childish pissing match about which country is better then the other or the bad and good deeds of each country or which country has contributed more to the world or whatever. It's stupid, pointless and best left to another forum. In any case, this is the last post I will make here or elsewhere about this matter.

Edited by Nil Einne

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You're also ignoring the fact that one of the reasons American's have been able to make a contribution has been because of their success at getting rich at the expense of others by selling weapons and otherwise taking advantage of people in other countries.

More America bashing? Then let me add one more to drive home the point (not): The New York Times said in a recent OpEd that GM is "more dangerous to America's future" than any other company, and is "like a crack dealer" addicting helpless Americans to SUVs.

http://www.gm.com/company/onlygm/fastlane_Blog.html

So, to recap, whiic says American people are stupid and get manipulated by American lawyers, and Nil Einne adds that the American people take advantage of people in other countries. The premises could lead to a very illogical conclusion if combined by a proponent of victim mentality.

There is a saying in America, seemingly ignored here, which says "it takes two to tango", whether it be a lawyer and a member of a class, or a seller and a buyer of arms or SUVs, both parties are responsible and neither party is exempt from responsibility.

In all likelihood, WD only settled the suit because it would have cost more to bring it to trial, especially if you consider the risk that the members of the jury might also ascribe to the victim mentality so aptly described here. We call these cases nuisance lawsuits, because they are nuisances to business.

Anyway, I won't be making generalizations about people in Finland or New Zealand, and I have usually thought whiic's comments are helpful and well reasoned. And there is yet another saying, "Do to others as you would have them do to you."

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I didn't really want to get in to this but some of your statements are so ridiculous I had to. Americans are largely responsible for modernity and whiich would still be using an abacus without American technology? This is one of the silliest statements I've ever heard. Sure Americans have made a big contribution but so have non Americans....

Nil, I have traveled enough around Europe and paid enough attention to America's European friends to have some firm ideas about a particular kind of sniping, yapping anti-Americanism. But boy oh boy do the Euros get mad if an American punctures European pretentions. And frankly, I am getting tired of such pretentions, and I do not expect to see them here. whiic's comments were not just in bad taste; they were absurd and stupid. whiic didn't bother to pose hypothetical time lines with and without the US; rather, he plucked a recent legal event and inferred that Americans were a bunch of easily led zombies. Thus, it is surely relevant to give instances where such "zombies" contributed disproportionately to modern life. And, if we are to compare legal events of Europe with those of the US, surely it is fitting to compare the EU Constitution with the American one (for a start).

I will resist the urge to address your response line by line, but I will respond with some particulars, and I will not pretend to have a time machine. I will simply rely on what America actually did to be "mostly responsible for modernity." The US:

(0) Invented the democratic republic and thus good government. We can talk about the roles of European thinkers here, but if we consider Europe, we also must discuss all of the really bad European ideas (and implementations) as well. Every modern democracy is based on the American model.

(1) Prevented Nazi Germany, Fascist Italy, and Imperial Japan from returning the West to an atavistic totalitarianism. Do you think that might have been a necessary condition for modernity, or have I really offered "one of the silliest statements you have ever heard"?

(2) Prevented the USSR from controlling all of Europe after WW2. Do you think that was not necessary for modernity?

(3) Was responsible for all major computer operating systems that have ever existed. (And please, Linux is simply Unix.)

(4) Was resposible for all major hardware platforms.

(5) Oh, yes, the light bulb, the telephone, the car, flight, mass production technologies, etc, etc.

The US hasn't simply been one among many players in all this. It has been, by far, the most important player. While I cannot know what an alternative universe without the US would have looked like, that is irrelevant here. (However, having just hopped into my time machine, I would predict that had the US never existed, Nazi Germany would still have arisen, but the result of WW2 would have been quite different. Try to square totalitarianism with modernity.)

As for your suggestion that America gets rich at the expense of others, I would say that America has facilitated a world economic system that only a socialist or anarchist believes has not raised all boats. Incidentally, there is nothing intrinsically exploitative about capitalism.

In general, I think it is unncessary to point out such facts of life to my European friends. But just as you were unable to resist addressing a posting that was weeks old when you replied to it, I am unable to resist clarifying my position.

And by the way, your comment about "Intelligent Design" is a typical Euro-sneer. I will respond by suggesting that at least Americans did not invent spontaneous generation.

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Can someone move this thread to Bar and Grille? Next thing we have francois and qaws posting here and intelligence has already gone down the drain.

BTW I still think Dantz Retrospect SUCKS. Don't know if it is American or European software though :D

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Can someone move this thread to Bar and Grille? Next thing we have francois and qaws posting here and intelligence has already gone down the drain.

BTW I still think Dantz Retrospect SUCKS. Don't know if it is American or European software though :D

Oh, I'm through. Don't know who francois and qaws are.

:wacko:

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here

jef rhys is francois unless I'm smoking really bad stuff. They have a somewhat masochistic relationship if you ask me.

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(5) Oh, yes, the light bulb, the telephone, the car, flight, mass production technologies, etc, etc.

Well, Americans didn't invent the car per se (the first powered vehicle was perhaps a military tractor built in France by Nicolas Joseph Cugnot before the U.S. existed).

The Encyclopaedia Britannica has an excellent synopsis of who invented what by country.

http://corporate.britannica.com/press/inventions.html

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(5) Oh, yes, the light bulb, the telephone, the car, flight, mass production technologies, etc, etc.

Well, Americans didn't invent the car per se (the first powered vehicle was perhaps a military tractor built in France by Nicolas Joseph Cugnot before the U.S. existed).

The Encyclopaedia Britannica has an excellent synopsis of who invented what by country.

http://corporate.britannica.com/press/inventions.html

Thank you. It seems that the last major thing Finland invented was skiing (co-inventor) around 5,000 years ago. Let's be fair, though: Sibelius was a Finn, and he was a great composer. Sorry. I know I promised not to reply anymore on this topic. This time for sure.

Edited by srk

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