Sig said:
acutally western digital was just sued and lost regarding the same type of lawsuit:
http://www.wdc.com/settlement/
Thank goodness (for them) WD only has to provide software. "Retail Value of $30" to WD means next to nothing incremental cost, assuming they own the s/w to begin with. Just a headache to deal with, all they had to do is to indicate 1K =1000, like most did, and indicate formatted capacity is less. I don't think you could really call it deceptive if the industry standard was 1k=1000. But then, I'm not a lawyer who could get a windfall from a settlement.
If someone reported that a kilo-ton (or is it tonne?) nuke was dropped on all lawyers who take these cases, would other lawyers sue because whether it is metric tonne or English ton is unspecified, and that the improper TNT equivalentwas caclulated because the explosive power cannot be fully concentrated on the lawyers?
I admit, being familiar with the base 2 usage of KB, I did think initially it should have been 1024B, but I read the disclaimers right on the boxes of all the ones I have ever bought (or so I think). If I had not seen it on WD, I would have thought they decided to use the decimal kilo - rather that WD was the only company who thought that being correct in base 2 lingo was more important than not being at a disadvantage to the competition's way of specifying storage.
The plaintiffs' argument:
Additionally, virtually all computer manufacturers that sell OEM Hard Drives include a disclaimer regarding storage capacity. For example, Dell Computer Corporation, states, “[f]or hard drives, GB means 1 billion bytes; actual capacity varies with preloaded material and operating environment and will be less.” Hewlett Packard states, “1GB = one billion bytes when referring to hard drive capacity. Actual formatted capacity is less.” And, IBM states, “[f]or hard drive, GB=billion bytes. Accessible capacity is less; up to 4GB is service partition
They wanted $1K, or $5K for seniors, for "deceptive" practices. It's not like going to the farmstand and getting a peck when you thought you were getting a bushel. Disclaimer: all 'K' in this paragraph is the base 10 usage.