nVidia Class Action Fairness Hearing is Tomorrow - Almost time to make a claim!

" I'm MAD as HELL and I'm not going to take it anymore!!"
POSTAL:
POSTAL:
POSTAL:
POSTAL:
POSTAL:
Did I mention that I'm going to go POSTAL on Westerman ?
I'm going to drive my TX1000 over with my Semi about 5 or 6 times, pick all the little pieces up and send them to Westerman with a NOTE: Dear Sir, Please eat all these pieces for lunch and in three day's you'll be getting just what you're trying to give us !!!!!!! ( A Sh_tty Laptop )

 

I could get a hell of a good look at a T-Bone steak by sticking my head up a bull's a**, but I'd rather take the butcher's word for it.

 

I am dissecting nvidias response as we speak the overwhelming thing I see is:

“like or similar kind or equal or similar value.”

Almost everywhere nvidia has used or instead of and this alone would have skewed any "experts" analysis

 

One more thing! Also us DV9XXXX HP Pavillion 17" Desktop Replacement Entertainment PC's purchased ours for just that - DESKTOP REPLACEMENTS.
The large screen - equal to most desktop PC's at the time.
Full size keyboards w/number pads.
Multimedia keys and functions
Expresscard slot (which I used to add WIFI "N" and HDTV cards) and expansion docking ports
Bluetooth and media remote controls
I didn't buy mine for use on the road so I don't use the battery at all! It was purchased to save space in our small house where it could be used anywhere without moving a big desktop, monitor and associated furniture around. Also both my wife and I have poor vision and the larger screen is easier to see.
They say they realized the Tablet owners needed a different replacement but why not the Desktop Replacement owners? The CQ-56 is not a desktop replacement just like the ASUS is not a tablet! I'm pissed! - YOU HERE ME, Nvidia?

 

That was one of my biggest issues I brought up. That and the nvidia declarations at least twice show benchmarks of the single core being outperformed by the dual core by 35% regardless of how the "experts" try to spin the specs.

 

We're just lucky that the Nvidia/Milberg folks didn't stumble across this website:

Meet the cheapest laptop in the world | Crave - CNET

 

Gary,
I have the same computer and replaced the motherboard and poor fan/heatsink assembly, so mine is working again. I also sent in a repair claim to cover my costs as they said we could do. I do not care to surrender my PC for that useless CQ56 so am waiting and doing all I can to change the settlement. Even if they don't change the settlement, I will probably keep my DV9420US because I just have too much invested in it to trade it away!
DV9420US (upgraded) - WIN7 Pro 64-bit, 4GB Ram, 500GB and 120GB HD, HP HDTV expresscard, Belkin N Wireless expresscard, IOGEAR Bluetooth wireless mouse, Seagate 1TB external HD, etc.

 

I have not got back to it yet but they speak of parallelism and singular or some sh@t like that meaning performing 1 task they are equal but if performing multi tasks the dual core is more suited.

right now I am running hdtv tuner, I have 8 pages open and am running real time antivirus net based,along with a couple other things. this is my destop but I used my desktop replacement the same way I would like to see the cq56
handle just the hdtv ha now showing bsod

 

I am so fed up. Everytime I get involved with lawyers it turns into a fiasco, all commmon sense goes out the window. This is just about THEM. They are playing their silly little games, they are the only ones that benefit.
The next time an IT boss askes me to spec out a computer, the spec will read, NO INVIDIA GRAPHICS ALLOWED. At least this will give me a little warm fuzzy.

 

HP did the same to me in June of 2010. Said they would replace my mother board, but would charge me $250.00.

 

I already have a low end compaq. I have been using it ever since my dv9420 failed. I don't want a second one. LMAO
If I didn't laugh I would cry!

 

In 2007/2008 the dual core was new, and we paid extra to get that new faster technology, why should we now take a lesser slower technology just because of age? Would they take a car without ABS and we tell them it has better calipers so it should stop faster?

 

Please don't cry ! Just go to your Butcher, have him stick his head up a bulls Donkey and get you a nice tough T Bone Steak for dinner.

 

I just might do that, all except for the head up the bulls donkey thing.
Maybe I'll swing by best buy and purchase a "non nvidia" laptop.

 

And, hopefully a non-HP. They don't deserve our patronage.

 

Yea, get an Intel, after all that's what NVIDIA wants to give us. It's pretty bad when they won't even buy their own product for replacement.

 

Did you know that Nvidia gave all the OEM's $200 for each laptop they repaired?

Nvidia offers $200 refund to OEMs with defective GPUs - TechSpot

 

As far as I can recall, because like a loser, I actually attempted to count all instances of that specific language, that "or" was used in only ONE sentence here:

Since in the identical sentence just prior to the "or" sentence used the word "and" as well in the class action notices and numerous other documents, I think if NVIDIA or Milberg attempts to weasel out of their promise by using this as their king maker, the Hon. Judge Ware should be extremely and rightfully infuriated and find them in contempt of court for duping the Judge.

 

I am still trying to figure out where and how HP is involved in this whole thing, they kinda got screwed too. Looks like they tried to help in the begining, then did a "hands off", hoping things would get resolved through Nvidia. I noticed that most if not all of their new models do not have Nvidia.

 

Yep, you're right! In fact, I wrote a letter to the HP CEO telling him about all this crap and how he is definately loosing customers because of Nvidia and Millberg's antics! And that he should get involved!

 

I bet HP just pocket the money from themselves seeing as how it seems from all the online posts I've read, HP was charging users for a new mobo for their failed components instead of offering to recall. For 200 bucks if they give me a working mobo, I'll install it myself, but then I'll realize the problem is only going to come back within a year.

HP probably knows its an issue and won't admit to it so they probably just quietly transitioned to ATI.

 

They probably could have done more, but so could Dell and Apple. I think there was a lot going on behind the scenes. I'll bet they were riding Nvidia pretty hard. They were in a situation where they could not openly accuse Nvidia, there would have been legal ramifications.

 

Count again; Nvidia's declarations abuse the phrase "like or similar kind or equal or similar value". They claim that the CQ56 is "like or similar kind or equal or similar value" to our computers in order to save face, instead of "similar in kind AND value".

Go to the Peddie declaration and look at line 16 and 17. It's practically the title of page 3.

 

Hey Mr. Bagherzadeh,
What about my Express card slot and expansion port?
And, Yes I do use my Fire-wire port to import video from my video camera and can also be used for some external hard drives and being faster than USB 2.0.
I'm sorry, but I was never asked if I used these ports or not and it is not my fault that OEM's are not including them on new PC's other than Business notebooks and Macs!

 

That's a good point.

We need to keep in mind that Dell and Apple owners, in essence are being made whole via repair remedy

HP class members, due to no fault of their own is NOT being made whole if the promised replacement product is not similar, in kind and value.

Fact of the matter is that a clear language was used to draw in HP Class members, thus reducing legal costs for NVIDIA and increasing fees to Milberg. A true win-win situation for NVIDIA and Milberg; not so for the Class

If they intended to mean something else, than they either should have further clarified themselves in the court document or used alternative language that leaves no room for misunderstanding.

With "partners" being involved extensively in the negotiation as "adversaries", I find it hard to believe that this conversation did not take place.

 

Those instances are POST FINAL SETTLEMENT. I only care about what was in the documents prior to and at the final approval session.

The point I am trying to make is that for them to try to seize on that one instance of the word "or" is ill-advised because if that "or" usage gets thrown out (and it should), rest of these so called expert "reports" should come down like a tower of cards. imho

 

I know I am new here (I have been following this thread for a while) and I'd hate to interrupt, but has anyone actually found the specifications on the Asus EEE T101MT-EU37-BK?

I see links to the specs of the Asus EEE T101MT-EU17-BK and Asus EEE T101MT-EU27-BK. A few pages back, I saw people mistaking the ASUS Eee PC 1001PX-EU37-BK (which is not a tablet nor a T101MT at all) for our replacement laptop.

A search on the googles for "Asus EEE T101MT-EU37-BK" yielded two pages of links, none which contain the specifications of this replacement.

Do we actually know what we are getting?

 

nvidia 12-5-8

“Thus, under the settlement
purchasers of Dell, Apple and HP computers are to be provided comparable benefits and value,
even though they are not receiving the same form of relief. If anything, the HP consumers are
being provided substantially more value than most of their fellow class members.”

If the standard is to make us “Whole” the dell and apples still have full featured machines but the hp class is supplied with an inferior computer equal only in value to the repair cost of the apples and dells.

 

I cannot find anything on this computer I would bet it is a SPECIAL Edition

Just for us

 

I am saying Nvidia pre/ post directed all so called experts to use the OR instead of the prevalent AND

 

Yep, that was my point! and I have posted same in Crowdsourcing 101.
Thanks.

 

Regardless, if we cannot find these specs or confirm that this computer exists, there is absolutely no way we can legitimately file a complaint against the settlement since our basis for doing so would be because we misinformed ourselves (we would have been angry and upset about other models that aren't the replacement model). We have no proof or evidence showing that the replacement is of equivalent value.

While this settlement is most likely unfair, I do not believe nVidia and HP are trying to screw us over, but rather are trying to satisfy a marginally large majority of the class with as little compensation as possible.

 

I was wondering how I got so stuck on the wording like AND equal
It was on the settlement post card sent to me I found another copy on
jtfrommers site here http://fairnvidiasettlement.com/wp-content/uploads/2011/02/nvidia-settlement-post-card.png
clearly why I opted to stay in the class

 

They just pulled Garyr51's Butcher out of that Bull and Viola , an ASUS EU37-BK. Forget the T Bone, their just going to give us the BONE.

 

Guys, I don't believe you understand the implications of not knowing the replacement specs. If this machines specifications are not publicized, two things are proven:

(1) Our complaint against the settlement is based on specs of models that are not the replacement laptop, rending our complaint completely unwarranted

(2) The credibility of expert, Dr. Bagherzadeh, when comparing the ASUS to the Tx1000 series, will be damaged. His testimony in this matter will be proven a complete fabrication because there will be absolutely no way he could have actually done the comparison properly without knowing the specifications. Furthermore, since his testimony could be considered unreliable, his analysis of the replacement Compaqs could also be seen as suspect and challenged.

 

Amazon.com: ASUS Eee PC 1001PX-EU37-BK 10.1-Inch Netbook - Black: Computer & Accessories

?

It's cheaper than the touch screen so that's my guess. They are just deleting comparable features one at a time so soon we will just be left with a calculator.

 

I believe that Mr. Frank even brought up the fact that the wording was challenged as being vague, the Judge allowed it because the HP class members were getting " an HP laptop of like or similar type [ AND] equal or similar value". emphasis added.

I also believe that the Dell and Apple owners are being made whole as to erase the defect without penalty, where as HP owners are allowed only the amount of compensation $$$ that NVIDIA has decided on irrelevant of penalty or harm.

I think it is interesting that the "Experts" appear to have been given the brand and model to evaluate, instead of given the rule of like or similar kind AND value and allowed to make their own judgement. Seems it was already in the bag and they just needed two "Experts" that would agree to them.

I could go on, but I need to get over to FairNidiaSettlement.com and do something constructive.

Good luck and good hunting to all who are helping.

 

That's an ASUS 1001PX, not an ASUS T101MT, which are two completely different computers. I mentioned this on the last page.

 

While I somewhat agree with you the fact is the expert they used were engineers. So I will posit what in theory is plausible, Real world experience differs in myriad ways

 

An expert would have suggested models for replacement rather than simply analyze two machines that companies gave to him.

 

Your not-so-elusive "and" is smack dab in the first bullet point of the official notice: http://nvidiasettlement.com/pdfs/NVF_NOT.pdf

Major oversight: I'm surprised I didn't see this before, but Nvidia claims that the replacement should be on par with the Dell and Apple repair costs. Here's the counterargument: we are giving up our laptops, which can be cannibalized for parts and turned into profit, or even repaired and sold as a refurbished laptop! Like I've stated before, my laptop is in pristine condition. If it was working properly, it could fetch a pretty penny. Even without it working, the LCD is worth ~$60 alone.

This is lunacy anyway, because there was no mention of a limit in value in the above notice. They baited us in with a "replacement similar in kind AND value".

 

Seems from the expert and also from new chip releases that it will have the N455 1.6GHz Atom that is identical to the N450 except that it supports DDR3 ram but still limited to 2GB. Seems it will also have a larger HD than the EU17. Still only half the tablet my TX1410us was and would still be without the defect.

I might also add that there is no way to tell what the "Street" price would be for my tablet had the defect not devalued any secondary market for said tablet.

We need a replacement free of this defect and the reputation of failure this defect has caused.

 

THIS IS NOT THE REPLACEMENT TABLET

The replacement laptop is a "Asus EEE T101MT-EU37-BK," not a "Asus EEE 1001PX-EU37-BK." These are two completely different laptops.

 

This is a 1001PX -Eu37 Not a T101MT- EU37

 

Here is the difference (sort of). Go read Para 21 here:
http://fairnvidiasettlement.com/wp-content/uploads/2011/03/nvidia.355.jon-peddie-declaration.pdf

 

And are we sure Nvidia wouldn't cheap out with a T101PX vs MT? I'm not sold that a T101MT-EU37 is even an option as no documented record of this system can be found yet the T101PX is all over the place and cheap as hell. Just sayin.

 

Ok, so maybe they have inside information from ASUS about unannounced products... Still doesn't match my TX1420us that cost well over 1600.00. Nvidia sucks so bad....

 

First off, it's 1001PX (not tablet) vs. T101MT (tablet). There is no T in 1001PX (which I assume would signify it's a tablet).

Second, I just pointed this out 1 and 2 pages ago. Please read them.

 

What's the next action that will take place on behalf of the motion? I.e., when's the next deadline?