[comp.sys.mac.hardware] Class-action lawsuit

kurtzman@pollux.usc.edu (Stephen Kurtzman) (05/20/91)

In article <1991May19.164217.10045@odin.corp.sgi.com> autry@sgi.com (Larry Autry) writes:


>More specifically, in my
>SE/30 hardware manual, the promise is explicitly made.  The statement is
>made to the effect, that  the SE/30 will address up to 128 megabytes of
>memory when denser memory becomes available.  I call that an explicit promise.

My manual says the same. In fact, one reason I upgraded from an SE to
an SE/30 was to expand my memory capacity. Needless to say, I'm quite
upset that Apple's literature misrepresented the capabilities of the
machine.

>I believe that Apple is therefore obligated to provide any upgrade or product
>enhancement that is necessary to make it so.  Not being a lawyer, I will still
>go out on a limb and say that this case requires more than the normal implied 
>merchantibilty protection that is usually provided under law.  

Since Apple has been mute on this problem, perhaps it is time for a
class-action lawsuit. Does anyone on the net know of anyone organizing
such an effort?
-- 

Stephen Kurtzman             | "love is a minor chord; love is a mental ward;"
kurtzman@pollux.usc.edu      |  love is a drawn sword; love is its own reward."
                             |        -- Kate, Anna, & Jane McGarrigle

philip@pescadero.Stanford.EDU (Philip Machanick) (05/20/91)

In article <32998@usc>, kurtzman@pollux.usc.edu (Stephen Kurtzman) writes:
|> In article <1991May19.164217.10045@odin.corp.sgi.com> autry@sgi.com (Larry Autry) writes:
|> My manual says the same. In fact, one reason I upgraded from an SE to
|> an SE/30 was to expand my memory capacity. Needless to say, I'm quite
|> upset that Apple's literature misrepresented the capabilities of the
|> machine.
[...]
|> Since Apple has been mute on this problem, perhaps it is time for a
|> class-action lawsuit. Does anyone on the net know of anyone organizing
|> such an effort?

I don't know about lawsuits, but I occasionally write articles for
Computers in Africa, and this looks like it might make a good story.
Does anyone know who in Apple I should contact to get an interview
with management?
-- 
Philip Machanick
philip@pescadero.stanford.edu

murphy@hao.hao.ucar.edu (Murphy) (05/20/91)

Before you go calling your lawyers to sue Apple for false or
misleading statements, does the same SE/30 manual that indicates
the address space as >>16MB, simultaneously state that this will
be available under the Macintosh Operating System?

As a reality check, I'm sending this from a MacII which has the
old 24-bit roms, but with a full 32-bit address space ... I run A/UX.

Citing A/UX may seem like a sneaky loophole, but isn't
that what much of the law is all about? :-)

The point is, Apple does indeed already produce and support an
operating system that allows you to use the full address space
of the Motorola 680x0 family ... you just have to go out and buy
it! Unless the SE/30 manual states explicitly that the full
32-bit address space will be available under a future MacOS ...
there is no breach of promise.


Graham Murphy

p.s. I couldn't check any of this with my MacII manuals, as there
appears to be no comparable claim regarding address space ... A/UX 
hadn't been released by then.

High Altitude Observatory
National Center for Atmospheric Research
INTERNET: murphy@hao.UCAR.EDU; Solar PO: GMurphy@SOLAR

maw5506@isc.rit.edu (M.A. Weissman) (05/21/91)

In article <32998@usc> kurtzman@pollux.usc.edu (Stephen Kurtzman) writes:
>In article <1991May19.164217.10045@odin.corp.sgi.com> autry@sgi.com (Larry Autry) writes:
>>More specifically, in my SE/30 hardware manual, the promise is explicitly
>>made.  The statement is made to the effect, that  the SE/30 will address up
>>to 128 megabytes of memory when denser memory becomes available.  I call
>>that an explicit promise.
>
>...one reason I upgraded from an SE to an SE/30 was to expand my memory
>capacity. Needless to say, I'm quite upset that Apple's literature
>misrepresented the capabilities of the machine.
>
>>I believe that Apple is therefore obligated to provide any upgrade or product
>>enhancement that is necessary to make it so.
>
>Since Apple has been mute on this problem, perhaps it is time for a
>class-action lawsuit. Does anyone on the net know of anyone organizing
>such an effort?
>
>Stephen Kurtzman
>kurtzman@pollux.usc.edu

	I too would be interested in getting the now ROMs for my Mac II,
I need 20 Megabytes more than a speed upgrade (although I would not cringe
if Apple were to give me one for $300).

	Is there any kind (or in this case, not so kind) soul who could
organize this suit. I for one will not have as much access to the internet
as I would like, over the summer. I am not a lawyer (I am a struggling
student), and I this issue should be brought up on other networks, such as
Compu$pend, Genie, and AOL.

	Anyway, put my name on the list, as a person who wants 20 Megs to
work on my Mac II.

		- Miles Weissman
		3rd year Printing and Applied CS student
		Rochester Institute of Technology
		maw5506@ultb.isc.rit.edu

stanger@otago.ac.nz (Nigel Stanger) (05/22/91)

In article <11471@ncar.ucar.edu>, murphy@hao.hao.ucar.edu (Murphy) writes:
> 
> Before you go calling your lawyers to sue Apple for false or
> misleading statements, does the same SE/30 manual that indicates
> the address space as >>16MB, simultaneously state that this will
> be available under the Macintosh Operating System?
> 
> As a reality check, I'm sending this from a MacII which has the
> old 24-bit roms, but with a full 32-bit address space ... I run A/UX.
> 
> Citing A/UX may seem like a sneaky loophole, but isn't
> that what much of the law is all about? :-)
> 
> The point is, Apple does indeed already produce and support an
> operating system that allows you to use the full address space
> of the Motorola 680x0 family ... you just have to go out and buy
> it! Unless the SE/30 manual states explicitly that the full
> 32-bit address space will be available under a future MacOS ...
> there is no breach of promise.

There's one problem with this - I seem to remember when Apple
first brought A/UX out that they stated that although it would
run on an SE/30 - it "would not be supported". Is this still a
correct statement? And what implications does this have on the
above?

-- 
See ya
                                Nigel.
----------------------------------------------------------------------
Nigel Stanger,                  Internet: stanger@otago.ac.nz
c/o University of Otago,
P.O. Box 56,                    Phone: +64 3 479-8179
Dunedin, NEW ZEALAND.           Fax:   +64 3 479-8311
----------------------------------------------------------------------
         "If I had a quote, I'd be wearing it." -- Bob Dylan
----------------------------------------------------------------------

tgoose@eng.umd.edu (Jason Garms) (05/23/91)

> 
> 	Anyway, put my name on the list, as a person who wants 20 Megs to
> work on my Mac II.
> 
> 		- Miles Weissman
> 		3rd year Printing and Applied CS student
> 		Rochester Institute of Technology
> 		maw5506@ultb.isc.rit.edu

[Flame on]

Sorry Miles, you're not eligable for this list, Apple never made any
promises with respect to the Mac II computers.

[Flame off]

I'm just really sick of hearing "Apple owes me this, Apple owes me that."
I keep reading the same regurgitated message over and over again.

Please excuse this childish outlash.
-- 
Jason Garms
tgoose@eng.umd.edu

tgoose@eng.umd.edu (Jason Garms) (05/23/91)

In article <1991May22.104923.416@otago.ac.nz>, stanger@otago.ac.nz (Nigel Stanger) writes:
> There's one problem with this - I seem to remember when Apple
> first brought A/UX out that they stated that although it would
> run on an SE/30 - it "would not be supported". Is this still a
> correct statement? And what implications does this have on the
> above?
> 
> -- 
> See ya
>                                 Nigel.
> ----------------------------------------------------------------------
> Nigel Stanger,                  Internet: stanger@otago.ac.nz
> c/o University of Otago,
> P.O. Box 56,                    Phone: +64 3 479-8179
> Dunedin, NEW ZEALAND.           Fax:   +64 3 479-8311
> ----------------------------------------------------------------------
>          "If I had a quote, I'd be wearing it." -- Bob Dylan
> ----------------------------------------------------------------------

That is what I originally heard but things have changed.  It is supported
(according my local AU/X dealer) on the SE/30's.

-- 
Jason Garms
tgoose@eng.umd.edu