CMS Author MikeRivers Posted May 5, 2008 CMS Author Share Posted May 5, 2008 Since I'm a card-carrying Nomad Jukebox 3 user since 2002, I recently got an e-mail message inviting me register for a claim under a class action lawsuit. What's the issue? That Creative Labs overstated the capacity and number of songs that could be stored because of the difference between the definition of gigabytes as 10^9 and gigabytes as 2^30. They claim that space is overestimated by approximately 7%. Geez, I thought EVERYBODY knew that, and accepted it. Should I sue Seagate, Western Digital, Maxtor, Hitachi, and any other hard drive vendor that I've purchased drives from in the last 20 years? Details at eleven My Jukebox 3 which I bought for $325 is close to six years old, still works, the drive has never been more than half full, and I've used it for many "professional" recordings as well as portable music while driving and flying. I've been more pleased with it than with a lot of audio gear that I've purchased over the years. I've only recently functionally replaced it with three separate devices: So, yeah, I applied for a claim under the lawsuit. Maybe I'll get a new 1 GB Creative MP3 player for half price (the prize if they win) if I can find one that I like better than the one I have now and with the discount it costs less than $20. Link to comment Share on other sites More sharing options...
Members Ernest Buckley Posted May 5, 2008 Members Share Posted May 5, 2008 I`m suing you Mike for being the messenger. Link to comment Share on other sites More sharing options...
Members doug osborne Posted May 5, 2008 Members Share Posted May 5, 2008 ... Should I sue Seagate... already been done... If you purchased a Seagate brand hard disc drive between March 22, 2001 and September 26, 2007, a proposed class action settlement may affect you. A hearing has been scheduled in San Francisco Superior Court to approve the settlement. Under the settlement, you may have the right to make a claim for cash or software. You also may choose to exclude yourself from the settlement. Alternatively, you may file written objections to the settlement and appear (or have your own attorney appear) at the court hearing. If the settlement is approved and you do not exclude yourself, you give up the right to sue for the claims the settlement resolves, and you will be bound by the terms of the settlement. To learn more about or exercise any of your rights, please read below and visit www.harddrive-settlement.com. The lawsuit is Cho v. Seagate Technology (US) Holdings, Inc., San Francisco Superior Court, Case No. 453195. In the suit, the plaintiff alleges that in the sale and marketing of hard disc drives, Seagate stated that purchasers of the drives would receive approximately 7% more usable storage capacity than they actually received. Seagate has denied and continues to deny each and all of plaintiff's claims, and denies that anyone has been harmed or deserves compensation. The Court has not made a decision on the merits. You are a member of the settlement class if, between March 22, 2001 and September 26, 2007, you purchased in the United States a new Seagate brand hard disc drive from an authorized Seagate retailer or distributor, separately as a Seagate product that was not pre-installed into and bundled with a personal computer or other electronic device. As part of the settlement, Seagate will make certain disclosures regarding the storage capacity of its retail hard drives. In addition, if you submit a valid claim, you will receive free backup and recovery software, or a cash payment equivalent to five percent of the net amount you paid for the hard drive (excluding taxes or rebates). To receive the software or the cash payment, you must submit a claim form available at www.harddrive-settlement.com by March 10, 2008. You may submit a claim form for each qualifying drive you purchased. To obtain the cash payment, you must have purchased your drive before January 1, 2006 and you must submit appropriate documentation or the serial number for each drive. If the settlement is approved, plaintiff's counsel will apply for an award of attorneys' fees, expenses and incentive awards not to exceed $1,792,000, to be paid separately from and in addition to the benefits available to settlement class members. All claims of settlement class members which were or could have been asserted in the litigation, based upon the facts alleged in the litigation (as well as in a related case entitled Lazar v. Seagate Technology LLC, et al., San Francisco Superior Court, Case No. 439700; and California Court of Appeal, Case No. A116350) will be released. This means that if you do not exclude yourself from the settlement class, you will give up the right to sue for the claims the settlement resolves, and you will be bound by the terms of the settlement. If you do not want to participate in this class action or be bound by this settlement you must exclude yourself from the settlement class by submitting a written request for exclusion which includes your full name and address and your request to be excluded from the class. Mail your request for exclusion to Hard Drive Settlement, c/o Rust Consulting, Inc., P.O. Box 1240, Minneapolis, MN 55400-1240. Your written request for exclusion must be received by December 21, 2007. If you exclude yourself, you will not receive the benefits of the settlement, and you cannot object to the settlement. If you wish to object to the settlement, appear at the settlement hearing, have your own attorney appear at the settlement hearing, or intervene in the case, you must file your objection, request to appear, or request to intervene with the San Francisco Superior Court located at 400 McAllister Street, San Francisco, California 94102 and you must send copies to the attorneys for both parties. The plaintiff's attorney is Brian R. Strange, Strange & Carpenter, 12100 Wilshire Boulevard, Suite 1900, Los Angeles, CA 90025. Seagate's attorney is Peter S. Hecker, Heller Ehrman LLP, 333 Bush Street, San Francisco, CA 94104. For additional detailed instructions go to www.harddrive-settlement.com. All objections and requests to appear or intervene must be received by the court and attorneys by December 21, 2007. DO NOT CONTACT THE COURT OR SEAGATE CONCERNING THIS NOTICE OR THIS LAWSUIT. If you would like more information about this notice or this case, please visit www.harddrive-settlement.com. If you do not have internet access, you may request additional information by mail from counsel for plaintiff, as set forth above. The submission date has been extended to May 15, 2008. Link to comment Share on other sites More sharing options...
Members Billster Posted May 5, 2008 Members Share Posted May 5, 2008 already been done... The submission date has been extended to May 15, 2008. Under the settlement, you may have the right to make a claim for cash or software. If the settlement is approved, plaintiff's counsel will apply for an award of attorneys' fees, expenses and incentive awards not to exceed $1,792,000, Just to be clear, YOU qualify for some software that's they already agree is defective - if it wasn't defective they wouldn't have settled - THE LAWYERS qualify for about $1.8 MILLION DOLLARS. And the lawyers don't even need to make any Nigerian banking transactions. We have kind of a running joke about these things ever since the settlement for the tainted contact lens solution a few years ago, which was basically: "Sorry we screwed up and put toxic chemicals in your eye. As compensation, please accept these discount coupons for even more of our crappy product, while we send the lawyers several million dollars." Oops! Class action lawyer caught with his hand in the cookie jar. Link to comment Share on other sites More sharing options...
CMS Author MikeRivers Posted May 5, 2008 Author CMS Author Share Posted May 5, 2008 already been done... I suppose the way these things work, once someone opens the can of worms, everyone who bought a worm will want a piece of the lawsuit action. I don't think I'll bother looking up all my receipts for disk drives over the past seven years to see how many of them are Seagates. I might get ten bucks out of it since I was in the habit of buying drives to feed my Mackie hard disk recorder cheap when I found one on sale at Best Buy, Staples, or the like. Link to comment Share on other sites More sharing options...
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