Will Toshiba be sued?

[stockstar1138]

I don't know.

However, if Toshiba comes out with another PR promoting HD DVD and saying how its better, etc. And there is evidence that they have stopped HD DVD production. I feel like that is grounds for a lawsuit.

[radagast]

Originally Posted by Paden

You know, when the whole Betamax/VHS thing was going on, our society was much less litigious. I wonder if some lawyer somewhere will file a class action lawsuit against Toshiba once this house of cards collapses.

And frankly, I see a legitimate claim here. One could argue that Toshiba knowingly sold an inferior product with the express intent of maintaining their old line royalties associated with DVD. For that matter, I could see M$ brought in as co-defendant on this as they've been complicit in every phase, trying to deny Blu-ray from becoming the new standard such that their business line, digital downloads, could take hold.

The fact that they did so with bribes and other nefarious means (paid shills on the internet, buying web sites like AVS, etc.) will all be points in the lawsuit. I think it's possible. The truth is consumers have wasted billions of dollars on a product that had a lifespan of less than 3 years. Some were tricked into a purchase only a few months ago so Toshiba could unload inventory. At least that's how I'd play it if I were leading the case against them.

I think the studios are really off the hook on this as they've simply played the game from the software side. They can make the claim that they did nothing but provide a license to view their films on a then viable piece of hardware. Then again, if I were really looking for deep pockets, the lawsuit could look at things like the bribe paid to Para*****. If I were on a jury I think I could be convinced that they ought to be required to use those funds to provide relief to the customers they harmed.

In order to avoid this, one thing Toshiba may announce along with their concession next week, would be some sort of buyback or trade-in program for those customers who purchased a DUD in the last 3 months. The writing was clearly on the wall by then. That said, I doubt even this would prevent some hungry lawyer out there from filing.

Thoughts?

While I would like to see the sh*t sued out of Toshiba, the reality is that Sony is more likely to be sued by the other side. Look at what happened with the lawsuit the makers of Nutrasweet had against Splenda. Splenda is a safer product that is also superior in other respects to Nutrasweet, but Splenda ended up losing.

[AaronSCH]

There may be lawsuits but to no avail. Formats come and formats go. As early adopters it is just the risk we take. We may throw a tantrum but we will all be watching our high definition movies on Blu-ray disc now and in the coming years. Sorry, to all you HD DVD losers and digital download boosters. I'm just happy I came to my senses earlier than later.

[mightypen]

Originally Posted by FEP3108

There will always be someone out there who will file a lawsuit over anything
remember Mc donalds and the hot coffee

That was a legit case with actual negligence and damages. Google the facts, it was not a frivolous case.

[Xerious]

Originally Posted by radagast

While I would like to see the sh*t sued out of Toshiba, the reality is that Sony is more likely to be sued by the other side. Look at what happened with the lawsuit the makers of Nutrasweet had against Splenda. Splenda is a safer product that is also superior in other respects to Nutrasweet, but Splenda ended up losing.

splenda gives you cancer. it also makes your eyes bleed and your penis shrink. in some cases it will cause men to grow boobs and lactate chocolate milk and give you an urge to believe HD DVD is the format of choice.

no lie.

[ezcobar411]

Originally Posted by Xerious

splenda gives you cancer. it also makes your eyes bleed and your penis shrink. in some cases it will cause men to grow boobs and lactate chocolate milk and give you an urge to believe HD DVD is the format of choice.

no lie.

that's what I call evil. EVIL

[DetroitSportsFan]

Originally Posted by Xerious

splenda gives you cancer. it also makes your eyes bleed and your penis shrink. in some cases it will cause men to grow boobs and lactate chocolate milk and give you an urge to believe HD DVD is the format of choice.

no lie.

I guess the guys over on AVS and HDD use lots of Splenda in their red Kool-Aid.

[Paden]

Originally Posted by meckel

they won

Precisely my point. I don't see this ending without a lawsuit hammering Toshiba and I don't see them winning. I see them paying off the lawyers who file against them and them giving their former customers a certificate for $100 off a Toshiba Blu-ray player (or something like that.)

You simply don't walk away and leave millions of dissatisfied customers in today's world without someone calling you on it. I can almost guarantee someone will file and the end result will be as described above. For that matter, Toshiba will probably be incentivized to end this quickly with a settlement so their failure isn't stretched out over several years, causing them even more bad publicity.

Frankly, I think this is just karma at work. For Toshiba and M$ to have to pay their customers to buy a Blu-ray player... WHAT A FEEL GOOD RESULT!

[Izzy]

Originally Posted by Paden

You know, when the whole Betamax/VHS thing was going on, our society was much less litigious. I wonder if some lawyer somewhere will file a class action lawsuit against Toshiba once this house of cards collapses.

And frankly, I see a legitimate claim here. One could argue that Toshiba knowingly sold an inferior product with the express intent of maintaining their old line royalties associated with DVD. For that matter, I could see M$ brought in as co-defendant on this as they've been complicit in every phase, trying to deny Blu-ray from becoming the new standard such that their business line, digital downloads, could take hold.

The fact that they did so with bribes and other nefarious means (paid shills on the internet, buying web sites like AVS, etc.) will all be points in the lawsuit. I think it's possible. The truth is consumers have wasted billions of dollars on a product that had a lifespan of less than 3 years. Some were tricked into a purchase only a few months ago so Toshiba could unload inventory. At least that's how I'd play it if I were leading the case against them.

I think the studios are really off the hook on this as they've simply played the game from the software side. They can make the claim that they did nothing but provide a license to view their films on a then viable piece of hardware. Then again, if I were really looking for deep pockets, the lawsuit could look at things like the bribe paid to Para*****. If I were on a jury I think I could be convinced that they ought to be required to use those funds to provide relief to the customers they harmed.

In order to avoid this, one thing Toshiba may announce along with their concession next week, would be some sort of buyback or trade-in program for those customers who purchased a DUD in the last 3 months. The writing was clearly on the wall by then. That said, I doubt even this would prevent some hungry lawyer out there from filing.

Thoughts?

I lost all my IQ reading this silly post.

Toshiba lost, the better format won, end of game. How many FORMATS lost since the advent of tech?

Also, posting that about AVS without a shred of proof is walking on thin ice, and has no place.

[sj001]

No, makes no sense to sue them, it's business, they got their asses handed to them, the red ants will have to suck it up.

[radagast]

Originally Posted by Xerious

splenda gives you cancer. it also makes your eyes bleed and your penis shrink. in some cases it will cause men to grow boobs and lactate chocolate milk and give you an urge to believe HD DVD is the format of choice.

no lie.

Maybe you are getting Nutrasweet confused with Splenda. Anyway from the SCIENCE and RESEARCH I've read, Nutrasweet turns into a neurotoxin in the body, but I haven't seen any RESEARCH that has found problems with Splenda.

[cartier]

To answer your question, YES, Toshiba will most likely be sued by someone, most assuredly it will be an idiot. Will it be a baseless claim, YES.

[Xerious]

Originally Posted by radagast

Maybe you are getting Nutrasweet confused with Splenda. Anyway from the SCIENCE and RESEARCH I've read, Nutrasweet turns into a neurotoxin in the body, but I haven't seen any RESEARCH that has found problems with Splenda.

sorry, i heard it from a red ant/ginger kid... they don't believein facts or research...

[Paden]

Originally Posted by Izzy

I lost all my IQ reading this silly post.

Better check to see that you really had any to lose. Seriously, is this all you've got? Coming out against someone who made a very serious and geniune post with a personal attack? Not cool.

Originally Posted by Izzy

Toshiba lost, the better format won, end of game. How many FORMATS lost since the advent of tech?

Also, posting that about AVS without a shred of proof is walking on thin ice, and has no place.

Baseless? Have you ever been there and read the 99 to 1 ratio of posts in support of Red over Blu? And seen how the moderators literally silenced anyone with an opinion that didn't support M$? No, this claim isn't baseless at all.

[ezcobar411]

Originally Posted by Xerious

sorry, i heard it from a red ant/ginger kid... they don't believein facts or research...

lol ginger kid, that's the first time I've heard that one. But yea, listening to a ginger kid sounds like a bad idea

[Izzy]

Originally Posted by Paden

Better check to see that you really had any to lose. Seriously, is this all you've got? Coming out against someone who made a very serious and geniune post with a personal attack? Not cool.



Baseless? Have you ever been there and read the 99 to 1 ratio of posts in support of Red over Blu? And seen how the moderators literally silenced anyone with an opinion that didn't support M$? No, this claim isn't baseless at all.

We see these kind of lawsuit posts all the time. Anyone that knows anything about the law will see how stupid it is. Im sorry if you dont like that opinion.

Yes, I have been a member on AVS for years posting under another name. I fight with Red Guys all the time. But I must say I dont see the bias you claim. They have more red ants than BD folk, but I dont see what you mean by this "bias" from the mods. Saying that AVS has been bribed, etc. is dishonest, and you better proove it before you say it. Just because you preceive a bias, does not make those serious charges true.

[Bobby Henderson]

I say the buyer should have been beware. Toshiba doesn't deserve any lawsuits.

Anyone buying earlier into either Blu-ray Disc or HD-DVD should have known the gamble they were taking. It's either that or they were blissfully ignorant -which should carry its own "tax" to penalize stupidity in purchasing.

Currently it is 100% legal for fly-by-night companies to sell pills on TV that don't work. Who is actually stupid enough to believe the claims coming from "Smilin' Bob?" In light of that type of untruth in advertising being allowed to infect cable broadcasts, it would seem like an extreme long shot for anyone to get anywhere trying to sue Toshiba over the failure of HD-DVD.

[Paden]

Originally Posted by Izzy

We see these kind of lawsuit posts all the time. Anyone that knows anything about the law will see how stupid it is. Im sorry if you dont like that opinion.

Yes, I have been a member on AVS for years posting under another name. I fight with Red Guys all the time. But I must say I dont see the bias you claim. They have more red ants than BD folk, but I dont see what you mean by this "bias" from the mods. Saying that AVS has been bribed, etc. is dishonest, and you better proove it before you say it. Just because you preceive a bias, does not make those serious charges true.

LOL! OK, I guess I better watch out or I'll be sued myself. I see what's happening here, the shutting down of Blu support on AVS is pretty meaningless now so they've got some of their former Toshiba shills working this site now.

As to my being ignorant of the law, you ought to know something about an individual before you make baseless claims. I'm certain there will be a lawsuit and I'm certain it will come out as I've suggested. The ONLY way Toshiba can stop it from happening is if they basically settle it before it occurs.

Lastly, beyond responding to your personal attack, I wanted to point to this quote I saw in another thread here. It was from a CNBC report.

"We have entered the final stage of planning to make our exit from the next generation DVD business," said the source, who asked not to be identified.

"Final stage" means they've been planning this exit. For how long? How many consumers were harmed while Toshiba planned this exit. Was Toshiba selling a product they knew wasn't viable and for how long? Interesting question, I think. But dang, Izzy says I'm an idiot so I guess I'll just shut up and move on.

[WickyWoo]

The only way this would move is if Toshiba and MS's lobbyists were there to push it

Even assuming that there WAS a payoff, they would be stupid to push for an investigation,because then the BDA would turn around and dump twice as many bribes on the AG's lap

Mutually assured destruction

[Paden]

Originally Posted by WickyWoo

The only way this would move is if Toshiba and MS's lobbyists were there to push it

Even assuming that there WAS a payoff, they would be stupid to push for an investigation,because then the BDA would turn around and dump twice as many bribes on the AG's lap

Mutually assured destruction

I assume you're talking about the rumor about Warner being bought. I agree. My original comments were related to a consumer class action suit brought on by some lawfirm looking to make themselves a little coin in their spare time.