Why is no one suing the Wireless LAN industry?
Summary: In yesterday's news, two major victories for the consumers were handed down by the court system. First, Apple was forced to settle with owners of iPods which only had 50% of the battery life in actual run time compared to what was advertised.
In yesterday's news, two major victories for the consumers were handed down by the court system. First, Apple was forced to settle with owners of iPods which only had 50% of the battery life in actual run time compared to what was advertised. Second, Gillette was ruled to have falsely advertised the "hair lifting" capability of their M3Power razor. In Gillette's case, they were ordered to stop using the false ads but Gillette had already stopped before the ruling so there doesn't seem to be much punishment. In Apple's case, they will be forced to pay owners of the defective iPods $50 or replace them with a new battery. Unfortunately, this ruling doesn't apply to the iPod mini which promises up to 18 hours of battery life on Apple's website but a good friend of mine who has an iPod mini swears he only gets 4 hours no matter how careful he is.
These cases were settled in court, but what about other industries such as the consumer wireless LAN market? It's routine for many wireless LAN equipment makers to sell bastardized variations of the 802.11g standard that promise "turbo g" or "super g" speeds of 108 megabits per second when in reality they top out at around 30 megabits per second even under the best conditions. Even the new "pre-N" products that utilize Airgo's MIMO technology top out around 40 megabits per second yet they brag about "600%" improved performance over regular 802.11g when in reality it's more like a 60% improvement in maximum sustainable throughput. Tomsnetworking is one of the few hardware review sites that actually provide detailed performance benchmarks but that only benefits the technically savvy users who spend the time to do the research. The typical consumer just goes to the store and relies on the literature on the retail boxes. Unfortunately, the practice of grossly inflating wireless LAN performance numbers is so wide spread that almost every single vendor does it or face total annihilation from their competition. It almost seems that everyone just goes along with the lie until someone lies a little more which causes everyone else to rise to the same level of deception. Why is it that none of these vendors have the courage to stand up and sue their competitors for false advertising? If one were cynical, it's almost as if they all enjoy charging 100% premiums for products that only deliver a 20% improvement in performance.
Aside from these obvious false advertising cases, what about the issue of consumer safety? Hospitals are being forced to comply with HIPAA regulations to help protect patient's personal data, publicly owned corporations are being forced to comply with SOX, and retailers are forced by the credit card companies to comply with PCI standards to protect consumers from fraud. Yet a mega corporation like Sony is releasing the brand new PSP (Play Station Portable) with utterly defective wireless LAN security that will probably force half the broadband enabled homes in the country to open themselves wide open to a wireless LAN attack because of a five year old flaw in WEP encryption. While the dangers may not be obvious, this can expose millions of home computers to data theft and system compromises which can lead to serious financial damage to the owner of the PC. Essentially, this is like a car company selling a 2005 model car without door locks, seatbelts and anti-lock breaks.
I'm not a fan of lawsuits, but I think the companies in question here should do some serious thinking and do the right thing. I have a message for these companies. Don't wait for a Judge to slap you down with a ruling and just do the right thing. Label the products with at least semi-accurate numbers, and don't release products with five year old vulnerabilities in the first place but at least provide a timely free fix if you do. We consumers spend our hard earned dollars to keep you in business. The least we can expect is a fair deal. Am I being naive? Talk back and tell us of your thoughts.
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Talkback
You can get what you want
As soon as I saw the title, I knew this was Ou
If you really want it to benefit someone, send the issue to NYS's @ss-kicking AG - Eliot Spitzer. The man gets things done.
http://www.oag.state.ny.us/
You don't have a problem with this?
Just wondering.
Welcome to Bush World
The only route this seems headed for is class action lawsuit, and I despise those simply because they represent a plump legal fee for the participating law firm and nothing of substance for the consumer who actually suffered from the action in the first place.
You're on both extremes of the issue
Then you label this as a Bush conspiracy.
Call me simple minded, but I?m baffled by your inconsistency.
Add claims = grain of salt
But 3x bigger?
Well, technically ...
So, technically, when you order one pound of meat, that's usually not what you actually get on your plate once it's prepared.
But that's still not 3 times
But I really want my 1/4 lb burger to weigh a 1/4 lb after cooking (nt)
Fair enough
Still doesn't cut it
Yes, MacDonalds claim that it weighs a quarter-pound much [b]before[/b] cooking, but try making a quarter-pound meat patty, they cook it down to by even 20% and it becomes inedible.
http://www.mcdonalds.com/app_controller.nutrition.categories.ingredients.index.html
Here's why you shouldn't be eating it:
http://www.lowfatveggiefood.co.uk/fastfood.htm
I'll give you that... But, the point is---
The real sticking point about it and why it's not in court is that it's near impossible to draw a line based on how big the lie is. Can yu imagine one competitor taking another to court?
Your honor, our complaint is that our competition are more accomplished liars than we are. We have tried, believe me we have tried. We have lied to the public until no one trusts anyone. But we just can't match the liars in their management and marketing....
Somehow I don't think the court would be impressed. <g>
I know too many people who aren't aware
Clearly, the courts have told Apple and Gillette to stop it and fix the damage.
I remember when hard drive makers were sued a few years ago even though they were only off the advertised size by a little. My point is, consumers shouldn't have to put up with false advertising, and they shouldn't have to put up with defective products that expose them to security threats based on five year old vulnerabilities. These are legitimate complaints. This is not like people go around chasing ambulances.
As I said, Buyer Beware...
It is the government's job to combat fraud
I believe in a very limited government. I agree with you that there are too many things that the government is engaged in to buy the citizens votes. However, one of the fundamental responsibilities of the government is to combat fraud. Even the Libertarians will agree with that.
So you think
Most consumers have no idea whether the claims are right or wrong, they rely on advertising to be truthful.
If you say it's OK to lie in advertising, then what isn't it OK to lie about? Can a company lie about it's financial position? It's sales last month? The salaries and benefits of directors?
Or can they lie in an advertisement, but not in a company report to the SEC?
The government has already made it illegal, it is now up to 'the system' (i.e. some motivated individuals) to actually do something about it.
Although I can see your point
Yes I would be upset if I wasn't getting what was advertised. But what ever happened to talking to the provider / business and working together towards a solution that benefits both parties?
Have our social skills atrophied so bad that we can no longer resolve our own issues? This is a fundamental problem with modern American society. Not only are we getting fat, lazy and stupid, but our basic social skills and problem solving talent / techniques is decaying at an alarming rate!
I could probably go on for hours about how messed up we are... but what's the point!? Some lazy tard will try to sue me because I offended them in some twisted way.
Amen, brother....
That is the point of this discussion
I'm not serving them a legal notice here; I'm asking the companies involved here to simply do the right thing. I raised the Apple and Gillette case as an example of that should not have happened. I just hope they take my advice and stay out of court in the first place.