 | reply to r81984
Re: Fail 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. |