Re: [dvd-discuss][openlaw]Governmenttakesmoreextremelineinsecond "Eldred" case

["Michael A Rolenz" <Michael.A.Rolenz(at)aero.org>]

Yeah and the customer is going to say "why should I play your cheezy media 
player when I've just downloaded (or bought) a much much better one that I 
WANT to use" and "what do you mean I can't?" "shrinkwrap, schminkwrap"

Right now we have UMG doing it THEIR way. Next Sony does it THEIR way. The 
next thing Columbia and Panasonic get together and decide on some scheme 
where Columbia disks play in panasonic players but not Sonys. Then Sony 
decides to make  players that won't play Columbia disks..TWI gets into the 
act by teaming with Matsushita for their CD player combo that doesn't play 
Sony OR Columbia....that almost might be fun to watch!





"John Zulauf" <johnzu@ia.nsc.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
01/11/02 02:26 PM
Please respond to dvd-discuss

 
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        Subject:        Re: [dvd-discuss][openlaw]Governmenttakesmoreextremelineinsecond "Eldred" 
case




Ron Gustavson wrote:
> 
> On Fri, 11 Jan 2002 13:15:46 -0800, "Michael A Rolenz"
> <Michael.A.Rolenz@aero.org> wrote:
> 
> >One tantalizing question is the fact that the UMP CDs do not adhere to 
the
> >standards created almost 20yrs ago. IN that sense they are deliberatly
> >defective. I don't think any legal scholars have ever addressed what 
sort
> >of liability a company incurs by deliberatly creating defective goods 
for
> >the market place. To my way of thinking that constitutes bad faith and
> >should set them up for consequential damages if not punitive ones.
> >
> 
> I think that's why they include the return link.
> 
> Any class action suit (or expert witness) would have to refer to the Red 
Book
> for audio CD.

No it's far worse for them.  They are selling their CD's a replacements
for data storage disks with a virtual infinite support life due to the
rock-solid standard like the Red Book.  These disks however have instead
a far lower probably support lifespan based on the average duration of
support for a specific version of a specific software application on a
specific OS platform.  This is not apparent to the customer.  In fact
the customer is told -- "don't worry it still works on your PC ...
lookee here we have (soto voce)crappy little player for you to use***" 

It is being sold as "just as good as a Red Book CD" to customers who
(with rare exceptions) will not know better by a company that should. 
This is fraud pure and simple.  I don't have to deal with the "see we
added a sticker saying it wasn't a Red Book CD" defense -- I've got
strong historical precedent that show that (a) the good is inferior in
terms of probable usable life and (b) I bet a subpoena would catch an
email to that effect within either UMG or Midbar.  (and if Midbar didn't
tell UMG about the likely shorter useable life of a application
compatibility vs. Red Book audio -- heaven help them!)

The are selling a good with a known defect without disclosing that
defect for profit -- that's consumer fraud.

.002


***followed by a loud rasperberry and  -- "<sputter> what do you MEAN
you like the features on WMP/Real/MusicMatch/WinAMP better... this is
clearly good enough."