RIP Viva Metal Box

[ZoetMB]

Originally Posted by blurayisnice

I once read that a US court decided to compensate a woman with 50 million US dollar because there was a fly or something in her McDonalds milkshake, LOL .

Never happened. Don't believe what you read in supermarket tabloids.

[ZoetMB]

Originally Posted by Petra_Kalbrain

No! It was a stupid lawsuit! I don't care if a company labels their products as hot or not. IF YOU ORDER COFFEE, YOU ARE ASKING SOMEONE TO GIVE YOU WATER THAT HAS BEEN BOILED AND FLAVOURED! What's more is that when you order something like that, you are asking for it to be AS FRESHLY BREWED (a.k.a. BOILED) AS POSSIBLE!!! If I were the judge of that case, I would have told the person that they had entered into a contract by ordering said product whereby the consumer has an understanding of the nature of the product being served and therefore have accepted responsibility for the safe handling of said product once it left the employee's hand. Common sense should have prevailed.

It has come to the point in the U.S. where the judicial system has completely reversed the universal natural law of survival. It is no longer "survival of the fittest." Instead, the U.S. judicial system has turned it into "survival and easy living for anyone who manages to survive their own stupidity."

Wrong! There are plenty of ridiculous cases in the U.S. court system, but this actually wasn't one of them.

Did you know that this wasn't about spilling the coffee? What actually happened in this case is that the coffee was so hot, it melted the styrofoam cup and the bottom fell out and the person's thighs received 3rd degree burns. Still think it was a bogus case?

Fresh coffee is supposed to be hot and fresh...yes. It's not supposed to be boiling and it's certainly not supposed to be hot enough to melt the cup.

[Jim1238]

Originally Posted by basketb

Of course there is no copyright infringement. If you took the time to follow the link in the OP to the court documents you'd see that copyright infringement was never part of this lawsuit. Viva basically breached "a settlement agreement between G&M and Viva reached in a previous action" to not manufacture and sell metal cases for DVD and BD media that infringe on a couple of patents that G&M holds.

I read the article and the patent is for a metal container that holds media disks with artwork on the outside.... Like I said VIVA took this idea and made it better with higher quality. Having a patent so broad as that should be a crime in itself. Thank you for trying to call me out on a forum. Find something better with your time.

[Saturius]

Originally Posted by rickah88

The point being that, in America, anyone at any time can sue with nothing to lose and everything to gain. I'm not bashing the burn victim, but $2.7 MILLION in punitive damages....come on! That when that lawsuit went from justified to silly.
Now if people actually had something to lose, like if someone wants to sue for $1 million dollars, IF they lost they automatically owe 50-100% of that amount to the(then) defendant. Yeah, I think a lot of these silly cases would go away.

I still don't see anything about this case that was silly. She originally asked McDonalds for only 20K to cover her medical expenses since she had to get freaking skin grafts (!) due to the burns. That was it. McDonalds refused and offered a paltry $800. They tried to play hardball and they eventually lost. And she never got $2.7 mill in punitive damages, only around less than $600K according to the link, which I still think is fair due to their non chalant attitude about the whole thing. I don't care how hot coffee is, it shouldn't be giving ANYONE 3rd degree burns.

And to be on topic, this is unfortunate. I really liked the Disney metal paks. I don't want to have to import this stuff.

[rickah88]

Originally Posted by Saturius

I still don't see anything about this case that was silly. She originally asked McDonalds for only 20K to cover her medical expenses since she had to get freaking skin grafts (!) due to the burns. That was it. McDonalds refused and offered a paltry $800. They tried to play hardball and they eventually lost. And she never got $2.7 mill in punitive damages, only around less than $600K according to the link, which I still think is fair due to their non chalant attitude about the whole thing. I don't care how hot coffee is, it shouldn't be giving ANYONE 3rd degree burns.

And to be on topic, this is unfortunate. I really liked the Disney metal paks. I don't want to have to import this stuff.

You are totally missing my point, allow me to explain it, yet, again:
There are no consequences in a lawsuit!
You can, pretty much, sue anybody with EVERYTHING to gain, and NOTHING to lose(short of reputation). Which is why I suggest the US adapt the UK system which allows for a failed lawsuit's defendant to turn around and sue the person that just lost.
And of course it's horrible that this person had to go through those burns, I've never claimed otherwise...but the whole suit turned silly when punitive damages were awarded at $2.7million, which actually meant $600K. So she burns herself and gets a house out of the deal. How many people wouldn't do that? Sorry, the judicial system in America has been, and always will be a joke! Just ask OJ! Oops wrong person to ask!

Yes, back on topic...this lawsuit is just another meaningless cashgrab! The only reason it's happening is because a huge company like Disney(with very deep pockets) is involved, and there's always a chance that an out-of-court settlement can happen. Which means instant payday, with nothing to lose!

[Petra_Kalbrain]

Originally Posted by rickah88

You are totally missing my point, allow me to explain it, yet, again:
There are no consequences in a lawsuit!
You can, pretty much, sue anybody with EVERYTHING to gain, and NOTHING to lose(short of reputation). Which is why I suggest the US adapt the UK system which allows for a failed lawsuit's defendant to turn around and sue the person that just lost.
And of course it's horrible that this person had to go through those burns, I've never claimed otherwise...but the whole suit turned silly when punitive damages were awarded at $2.7million, which actually meant $600K. So she burns herself and gets a house out of the deal. How many people wouldn't do that? Sorry, the judicial system in America has been, and always will be a joke! Just ask OJ! Oops wrong person to ask!

Yes, back on topic...this lawsuit is just another meaningless cashgrab! The only reason it's happening is because a huge company like Disney(with very deep pockets) is involved, and there's always a chance that an out-of-court settlement can happen. Which means instant payday, with nothing to lose!

Wow... rickah88...

I'm ashamed to admit it, but I'm in agreement with you for maybe the first and only time.

[rickah88]

Originally Posted by Petra_Kalbrain

Wow... rickah88...

I'm ashamed to admit it, but I'm in agreement with you for maybe the first and only time.

Stranger things have happened!

[Bk_Tan]

That's a shame. They're definitely much better in quality than the godawful Iron Packs.

Hopefully they won't return to those.

But, Steelbooks (Scanavo) should just up their game. As another poster said, reeks of Apple pulling their shit.

[rdodolak]

Originally Posted by ZoetMB

Wrong! There are plenty of ridiculous cases in the U.S. court system, but this actually wasn't one of them.

Did you know that this wasn't about spilling the coffee? What actually happened in this case is that the coffee was so hot, it melted the styrofoam cup and the bottom fell out and the person's thighs received 3rd degree burns. Still think it was a bogus case?

Fresh coffee is supposed to be hot and fresh...yes. It's not supposed to be boiling and it's certainly not supposed to be hot enough to melt the cup.

Are you referring to the Liebeck case because I don't recall the coffee being so hot that it melted the cup. She was stupid enough to place the cup of coffee between her legs and in the process of removing the lid she spilt it on herself. Sorry, but I believe in individual responsibility and when you do something like that you accept the risks that come with it. Why the hell would you put a cup of hot coffee between you legs in the first place! If you don't want to get burned then don't place the cup there ... it's as simple as that.

[Petra_Kalbrain]

Originally Posted by Saturius

There are a lot of silly lawsuits in America, but this certainly wasn't one of them, and the victim certainly didn't just try to take McDonalds for everything they had. She actually suffered 3rd(!) degree burns because of the coffee.

http://en.wikipedia.org/wiki/Liebeck...7s_Restaurants

I hope other people read that link and stop painting this imo legitimate lawsuit as something negative.

Originally Posted by ZoetMB

Wrong! There are plenty of ridiculous cases in the U.S. court system, but this actually wasn't one of them.

Did you know that this wasn't about spilling the coffee? What actually happened in this case is that the coffee was so hot, it melted the styrofoam cup and the bottom fell out and the person's thighs received 3rd degree burns. Still think it was a bogus case?

Fresh coffee is supposed to be hot and fresh...yes. It's not supposed to be boiling and it's certainly not supposed to be hot enough to melt the cup.

Did you guys even read anything provided in that link?

Firstly, Saturius, how is someone's own stupid action of dumping hot coffee on themself a reasonable basis for a legitimate lawsuit? The woman ordered coffee and then, accidentally or not, poured the liquid therein onto herself. When I order any beverage served above room temperature I know damn well to avoid any scenario in which the liquid might come into contact with my body surface (even lips) prior to it reaching a temperature of my preference... which, incidentally, is "not boiling."

Secondly, ZoetMB, if you read the details provided in the link regarding this coffee case, there is no mention of the cup being faulty or losing its structural integrity at any point. They go into great detail regarding the situation in which the incident occurred and the lady placed the cup between HER KNEES and proceeded to try removing the lid from the furthest edge while pulling the lid towards herself in the process.

But, back to the topic at hand, SCANAVO should not have been able to file such a generalized patent in my opinion. And, given the fact that the steelbooks and VIVA look, as well as feel, significantly different from one another, quite frankly, makes me think that the judge in this case is even more stupid for awarding this ruling than SCANAVO is for filing it in the first place.

[sk33tr]

i'm confused, are we taking about coffee or viva metal cases?

is this thread duplicated in the food and beverage forum?






















and just in case it wasn't clear, this post was made in extreme .

[Saturius]

Originally Posted by Petra_Kalbrain

D

Firstly, Saturius, how is someone's own stupid action of dumping hot coffee on themself a reasonable basis for a legitimate lawsuit? The woman ordered coffee and then, accidentally or not, poured the liquid therein onto herself. When I order any beverage served above room temperature I know damn well to avoid any scenario in which the liquid might come into contact with my body surface (even lips) prior to it reaching a temperature of my preference... which, incidentally, is "not boiling."

I consider it legitimate because for goodness sake, she suffered 3rd degree burns. Coffee is supposed to be hot. The problem in this case is McDonald's made it WAYYYY too hot. What happened there was that they did not check the standard temp that they usually made their coffee. Due to someone's negligence there, they let the coffee brew and boil over too much. I could go to McD today, order a coffee and intentionally spill it on myself. It'd hurt like hell, but I'm positive I wouldn't suffer 3rd degree burns because of it. And that's because the person there, if they're doing their job, isn't going to let the coffee boil over to dangerous temperatures. What happened to that lady was out of the ordinary.

The lawsuit acknowledged that McDonald's, as well as the lady in question, both bore responsibility, so her getting compensation doesn't seem outrageous at all to me. If she had won the actual $2.7 mill, then that would have been ridiculous. But again she only originally asked for money to cover her medical expenses. That's it. Heck, if McDonald's had at least even offered to cover half of it($10 K and thereby acknowledging the part they played in her injury), that would have been ok to me, but they couldn't even do that. So while she definitely didn't deserve the $600,000 she eventually received, I don't feel bad or think this was a illegitimate lawsuit because the large payout they had to give her was largely due to McD's stubbornness.

[rickah88]

[rdodolak]

Originally Posted by Saturius

I consider it legitimate because for goodness sake, she suffered 3rd degree burns. Coffee is supposed to be hot. The problem in this case is McDonald's made it WAYYYY too hot. What happened there was that they did not check the standard temp that they usually made their coffee. Due to someone's negligence there, they let the coffee brew and boil over too much. I could go to McD today, order a coffee and intentionally spill it on myself. It'd hurt like hell, but I'm positive I wouldn't suffer 3rd degree burns because of it. And that's because the person there, if they're doing their job, isn't going to let the coffee boil over to dangerous temperatures. What happened to that lady was out of the ordinary.

The lawsuit acknowledged that McDonald's, as well as the lady in question, both bore responsibility, so her getting compensation doesn't seem outrageous at all to me. If she had won the actual $2.7 mill, then that would have been ridiculous. But again she only originally asked for money to cover her medical expenses. That's it. Heck, if McDonald's had at least even offered to cover half of it($10 K and thereby acknowledging the part they played in her injury), that would have been ok to me, but they couldn't even do that. So while she definitely didn't deserve the $600,000 she eventually received, I don't feel bad or think this was a illegitimate lawsuit because the large payout they had to give her was largely due to McD's stubbornness.

Something must have changed between now and then because there are a lot of places not to mention that it's recommended that coffee be brewed around that temperature. Of course the coffee needs to cool before you drink it.

For crying out loud my Keurig machine doesn't brew coffee below 187 degrees as that's the lowest possible setting. Guess I should sue Keurig and the manufacturer for brewing my coffee way too hot and putting me at unnecessary risk.

In addition, I'm sure her age factored into the severity of the burns given that skin thins as one ages. Further, the complaint stated that she suffered more extensive burns because her wet sweat pants clung to her skin and held the hot coffee to her skin. Guess she should have sued the clothing manufacturer as well for making clothing which absorbs liquids and clings to one's skin when wet.

Any way, I think I'll pass on purchasing steelbooks from now on since G&M wants to throw their weight around and try and maintain a monopoly on the metal case market.

[Ocean H]

Originally Posted by blurayisnice

I once read that a US court decided to compensate a woman with 50 million US dollar because there was a fly or something in her McDonalds milkshake, LOL .

You're thinking of this, the only popular one:

http://en.wikipedia.org/wiki/Liebeck...7s_Restaurants

[Piollo]

I loved them Viva cases and the artworks are just awesome, sad that we may not get them anymore.

[tilallr1]

Pretty sure this isn't the end. My guess is they will go back to the drawing board and come up with something they can't get shutdown for. This is Viva we are talking about. They have done it before, when DVD Steelbooks got patented the first time. Viva had a DVD steelbook they got shutdown for too.

I really liked Viva's Metal Box efforts. For the most part they have been superior to Steelbooks in every way.

I really hate monopolies. Really sucks that competition isn't allowed in Scanavo's arena. This is now the second product to compete with Blu-ray Steelbooks having been shutdown. First IronPack then Metal Box. I am positive there will be more.

Common Viva, step it up and get something out that you cannot get an infringement on. Or is this not possible?

Technically Canada at present is not affected. So we may still a few more here, especially since one of the main plants that make then is up here too. Plus, FutureShop in Canada has been producing most of them for North America anyway.

So who knows, this ruling may not affect collectors at all in the rest of the world. Depends whether Canadian courts see it the same way US courts do.

[laz305]

I hope your right. But in the mean time we get no Steelie for Peter Pan 😤


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[tilallr1]

Originally Posted by laz305

I hope your right. But in the mean time we get no Steelie for Peter Pan ��


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There was never any mention we were going to get it in the first place. Don't forget Dumbo didn't get one either.

[toxsic]

Originally Posted by laz305

I hope your right. But in the mean time we get no Steelie for Peter Pan 😤


Sent from my iPhone 5 using Tapatalk

no metal case, but there will be a digibook from Target.