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This topic comprises 3 pages: 1 2 3
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Topic: CLASS ACTION SUIT... please
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Marcel Birgelen
Film God
Posts: 3357
From: Maastricht, Limburg, Netherlands
Registered: Feb 2012
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posted 05-19-2017 04:38 AM
Central (GMT -6:00) (10:38 AM Local)
It's a pretty interesting discussion, not only in the specific niche market of DCI equipment, but also in a broader sense.
More and more devices get loaded with certificates that tend to expire after a certain date. In many cases, those devices essentially become bricks after the date.
There's a difference here between a simple failure due to extensive usage. Those dates are set in "stone", they are pre-defined. Also, there's nothing even a knowledgeable person can do about it in many of those cases. It's not something that can be fixed with spare parts for example.
I think that you have a valid point in many jurisdictions, that selling something that has a given expiration date, which isn't appropriately communicated to the buyer, can be at least partly considered to be negligent and maybe even malicious, especially if the company is still in business and refuses to deliver an acceptable solution.
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Carsten Kurz
Film God
Posts: 4340
From: Cologne, NRW, Germany
Registered: Aug 2009
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posted 05-19-2017 04:49 PM
Central (GMT -6:00) (10:49 PM Local)
True - but the bad pr for Qube could force them towards a better offer for their (ex-, I presume) customers.
Keep in mind, those Qube XP-D certificates do not just expire in 2017. They already expired a couple of years ago and were prolongated a few times, and, it seems, a single year only each time. So, fact seems to be, at the time, Qube sold D-Cinema servers with a 3 years certificate expiration time. WTF...
- Carsten
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Dave Bird
Jedi Master Film Handler
Posts: 777
From: Perth, Ontario, Canada
Registered: Jun 2000
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posted 05-19-2017 09:03 PM
Central (GMT -6:00) (3:03 AM Local)
Speaking from experience, Scott is correct, the lawyers win and it is very, very hard to force anything but a modest settlement even when your case is a "slam dunk" like a clear-cut breach of contract. The mechanics and procedural actions available are enough to drag it for years, and only then, if for some reason they're tired of dealing with you, would a big enterprise ever consider settling with you. A "win" is tough. You'll pay hundreds of thousands to fight it, for the large corporations it's just a cost of business, they can fight you forever.
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