 r81984Fair and BalancedPremium
join:2001-11-14
Katy, TX
 ·AT&T U-Verse
 ·AT&T DSL Service
 ·row44
| reply to tiger72
Re: Fail said by tiger72:They'll have cost Microsoft and T-Mobile $millions in damages. Damages for what? Did they guarantee storage of data?
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Democrats are not Socialists any more than Republicans are. |
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 tiger72SexaT duorPPremium
join:2001-03-28
Saint Louis, MO
kudos:1
·T-Mobile US
| said by r81984:said by tiger72:They'll have cost Microsoft and T-Mobile $millions in damages. Damages for what? Did they guarantee storage of data? It doesn't matter. If a class-action suit is brought forward, TMO and Microsoft would want to settle early and quickly to get it all out of the news. They try to build their images on "reliability", and the longer this is in the news, the more likely they'll lose future customers. A settlement (regardless of what the actual contract states) would get it out of the news - but at a price.
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"What makes us omniscient? Have we a record of omniscience? ...If we can't persuade nations with comparable values of the merit of our cause, we'd better reexamine our reasoning."
-United States Secretary of Defense (1961-1968) Robert S. McNamara |
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 ptrowskiGot Helix?Premium
join:2005-03-14
Putnam, CT
kudos:4
 ·VOIPo
| reply to r81984
said by r81984:said by tiger72:They'll have cost Microsoft and T-Mobile $millions in damages. Damages for what? Did they guarantee storage of data? Very good point.
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"So, Lone Starr, now you see that evil will always triumph because good is dumb."
Have you been touched by his noodly appendage? »www.venganza.org |
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 FBGuyyippee ki yayPremium
join:2005-03-19 | for one, i don't know, but I don't think that T-mobile does more than provide voice and data service. they do not control the information on the devices and therefore how its backed up.. or am i wrong? |
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bjbrock
join:2002-10-28
Mcalester, OK | reply to r81984
It's called merchantability. They sold a working service and there is minimum expected performance on their part. Plus there are some things you can't "TOS" your way out of.
There will be a law suit, or a settlement. |
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r81984Fair and BalancedPremium
join:2001-11-14
Katy, TX Reviews:
·AT&T U-Verse
·AT&T DSL Service
·row44
| said by bjbrock:It's called merchantability. They sold a working service and there is minimum expected performance on their part. Plus there are some things you can't "TOS" your way out of. There will be a law suit, or a settlement. With it comes to technology the minimum expected performance is you know to back up your data yourself. I thought everyone knew that.
I am sorry, but lawsuit for losing data that no one guaranteed is pointless. This is a case that Tmobile knows it will win so if they settle out of court Tmobile will only pay what it would lose paying to win the court case to save time. Once divided up people will get like a $1 and lawyers will get most of the money.
Also it will be hard to claim damages over lost phone numbers and emails.
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Democrats are not Socialists any more than Republicans are. |
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| They made claims in advertising and contract documents for usability and they were expected hold to minimum network and management practices. Those expected standards include backups. When they get to court they will have to explain to the jury why they didn't follow backup standards that every single enterprise grade company in they country follows. Regardless of what the TOS says you can't TOS your way out of negligence. Not following the minimum enterprise standards for backups is negligent. Negligent behavior gets you sued, the deeper the pockets the more lawsuits it will generate. Consumer anger is going to be very high, signups to the class action suits will be very significant.
The Class action suits are likely being written up as I type this and will be filed the day they restore service so the lawsuits will have the correct number of days. T-mobile will settle and they will execute liablity terms in their contract with Danger, likely causing Danger to be responsible for everything but a small "deducible". This isn't speculative, it's practically guaranteed.
Heads should roll at Danger management for not following standards in enterprise IT management that the rest of the world uses. Backups are critical, expected and negligent if not provided. |
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tiger72SexaT duorPPremium
join:2001-03-28
Saint Louis, MO
kudos:1 Reviews:
·T-Mobile US
| reply to r81984
said by r81984:I am sorry, but lawsuit for losing data that no one guaranteed is pointless. This is a case that Tmobile knows it will win so if they settle out of court Tmobile will only pay what it would lose paying to win the court case to save time. Once divided up people will get like a $1 and lawyers will get most of the money. Also it will be hard to claim damages over lost phone numbers and emails. It doesn't matter if TMO wins the case if they take a massive PR hit to their much vaunted customer service. That's, really, the point of the class action suit. Not to win large damage awards, but to inflict PR damage to corporations...
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"What makes us omniscient? Have we a record of omniscience? ...If we can't persuade nations with comparable values of the merit of our cause, we'd better reexamine our reasoning."
-United States Secretary of Defense (1961-1968) Robert S. McNamara |
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Kdee
join:2005-08-26
Etobicoke, ON | reply to r81984
T-Mobile apparently kept telling users that they didn't have to backup their data because it was all kept securely in a data center.
I guess that worked out well. |
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 SteveI know your IP addressConsultant
join:2001-03-10
Yorba Linda, CA
kudos:5 | reply to r81984
said by r81984: With it comes to technology the minimum expected performance is you know to back up your data yourself. I thought everyone knew that. There wasn't a way for users to back it up themselves |
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