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

    Discussion in 'HP' started by Mr. Fox, Dec 19, 2010.

  1. Batman1

    Batman1 Notebook Consultant

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    Disregard got straightened out.
     
  2. BFG

    BFG Newbie

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    I have the same issue. I don't know what's up with that. I have the Nvidia chip and the issue.

    Oh well I'm not really sweating it over a 4 year old computer. The replacement would be a crap computer I don't need. I went out and bought a new computer similar to the one I had a couple days ago.
     
  3. dfs

    dfs Notebook Enthusiast

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    They just began spelling it differently - SPEECH --- :eek:)
     
  4. Batman1

    Batman1 Notebook Consultant

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    Sorry, I was so ticked off, I was seeing RED.
     
  5. jtfrommer

    jtfrommer Notebook Consultant

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    ebay has terms and policy that prohibits non-commerce or transaction oriented comments (basically anything that does not make money for ebay is prohibited)

    that's okay; i listed my used nc4200 for sale with 100% donating to charity but on the same listing, included all hp parts and text about getting free replacements courtesy of nvidia.

    the listing expired but i wil re-list it again shortly

    thanks for the effort!

    ps. if you haven't done already, post a message at Craigslist in the for sale/trade section. If you need what to say, just go to "GET THE WORD" out tab
     
  6. jtfrommer

    jtfrommer Notebook Consultant

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    It's good that you can afford a new computer; some folks who are getting screwed might be less fortunate than you.

    Anything to help our your fellow HP class members like spreading the word, etc. would be awesome.
     
  7. Batman1

    Batman1 Notebook Consultant

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    I got it worked out, It's now there on page Two instead of page one because of a "seller complaint".


    Have a defective HP notebook or tablet? You may qualify for a FREE notebook or tablet. Visit http://FAIRnvidiasettlement.com. Claim filing period ends on March 14, 2011 !!
     
  8. aw614

    aw614 Notebook Guru

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    since its not in the settlement, I believe you can still take HP to small claims court and get most money back in replacement by falling the advice on the HPLies board
     
  9. eeveteran

    eeveteran Newbie

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    Filed my claims on 1/20 and called them yesterday. I was told that my claim got approved last Friday and I need to wait for 3-4 weeks to receive the approval letter.

    What does this mean? Are they also waiting for the hearing result?
     
  10. Batman1

    Batman1 Notebook Consultant

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    No, as a matter of fact they're trying to do their best to get you to send in your computer before the 28 of this month. I resubmitted mine on January 22 on line because there was so many complaints about them only offering the Compaq at first, then they added the Asus Tablet and made us resubmit the claim. I just received my letter today. It's called "Backlog".
     
  11. cazwell220

    cazwell220 Notebook Enthusiast

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    I submitted my claim on Jabuary 10th and just received the approval in the mail today. So for anyone feeling discouraged or worried that they might have slipped through the cracks, just know that they seem to be pretty slow.
     
  12. yub

    yub Newbie

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    I'm a newbie that just found this thread, maybe too late but here's food for thought and a few questions:

    1. why not just refund our money (for those with receipts)? This whole debate about replacing models with equal models is a distraction. Decreasing value of technology is just an excuse. They knew they were selling lemons. They shouldn't be allowed to use drop in resale value as a loop hole. Give my money back is what I would vote for.

    2. This was a long thread. After reading a few, it seems that there is general agreement that hard drives can be removed from the laptop before sending it in. What about the memory?

    3. Lastly, can we legally keep the Vista serial number for future use (although i would rather get a license for Win 7)?
     
  13. kmanche

    kmanche Newbie

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    I completed my claim form on 2/14. I was very concerned that it would not be approved because I didn't have a receipt from the purchase. I sent in a picture of the serial number and product number barcodes, as well as a picture of the bar codes on the box (I keep boxes of all of my electronics... I don't know why...), and a copy of the canceled check that I obtained from my bank. I didn't have any info from HP stating that I owned the computer, so I was very nervous about this whole deal.

    I received my letter this afternoon in the mail, and I was approved. So, if you know people who are hesitant to proceed without a receipt, please encourage them to go ahead! It will probably be approved.
     
  14. jtfrommer

    jtfrommer Notebook Consultant

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    Claim filing deadline is March 14, 2011 so it is NOT TOO LATE.

    1. not an option, but we need to enforce "similar in kind AND value" settlement terms

    2. you are rolling a dice by removing your hard drive without getting a written confirmation. the way they have purposely confused people, I would not be surprised that they are saying anything to induce people to send in their laptops, thereby giving up their rights

    3. In worst case scenario, current CQ56 comes with Win7 Home premium license so I don't know why you would need it

    AGAIN, IT IS NOT TOO LATE TO FILE; DEADLINE IS MARCH 14, 2011.
     
  15. Batman1

    Batman1 Notebook Consultant

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  16. eccentriceric

    eccentriceric Notebook Geek

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    Wow that's great. if the repair really works that will be amazing. hopefully it's not too late for those of you that are holding out for something better.
     
  17. dv9000owner

    dv9000owner Notebook Geek

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    From Docket 358, Milberg states:
    Vlastone raises the importance of claimants being able to keep their hard drives but if HP Class Members ask, they are permitted to remove their hard drives before shipping.
    Despite me having ZERO trust with Milberg, I think that if you call the settlement administrator and they say you're allowed to keep it, that should be sufficient given what Milberg stated above. I have not heard nor read anything stating that claimants are allowed to keep their memory. As others have said repeatedly, there is no good reason to send in your laptop prior to the March 28th hearing - doing so may jeopardize you chance of getting a reasonable replacement.
     
  18. Mr. Fox

    Mr. Fox BGA Filth-Hating Elitist

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    2. No, not the memory.

    3. No, it's a violation of the Microsoft EULA. That product ID was licensed to HP for sale with an HP and it is not transferable to a system other than the one it was pre-installed on by HP. If you try to use the Product Key on a non-HP installation, it will most likely not be accepted as a valid Product Key, or if it is accepted as a valid code during installation, you will not be able to successfully activate Windows if the system is not an HP. (This applies to other OEM's as well, not just HP.)
     
  19. shasta7

    shasta7 Notebook Evangelist

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    Looking into this, the manufacture dates are 2008-2009 sold for 39.90 here
    nVIDIA NF-G6150-N-A2 BGA North Bridge Chipset or 3.99 here Buy cheap nVIDIA-chip-BGA-Net nVIDIA chip NF-G6150-N-A2 BGA Net from china soldering tools wholesaler and dropshipper these are the same chips.
     
  20. OldMajorDave

    OldMajorDave Notebook Evangelist

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    Pssst....Fox, Batman, & 9000, check PMs.
     
  21. TheBlendOnline

    TheBlendOnline Notebook Guru

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  22. Mr. Fox

    Mr. Fox BGA Filth-Hating Elitist

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    Blend, that web site is for the UK. The rules are slightly different there, but some of what they do as far as letter writing tactics may be adaptable. You will need to consult an attorney to find out what flies in the US. In most states, the manufacturer warranty stands on its own. In the UK, they have some rules about manufacturing defects that we do not.
     
  23. shasta7

    shasta7 Notebook Evangelist

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  24. radioage

    radioage Notebook Consultant

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  25. shasta7

    shasta7 Notebook Evangelist

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    Found this interesting but still looking....

    HP Pavilion Settlement


    On March 20, 2008, U.S. District Court Judge Ronald M. Whyte, Northern District of California, entered an order approving a settlement of the class action lawsuit brought by owners of certain models of Hewlett Packard ("HP") Pavilion notebook computers. Under the settlement, Notebook owners are entitled to repairs, cash reimbursement for out of pocket repair expenses, and/or discount coupons, each described in more detail in the Notice found at Nuce. Notice and Claim Forms were emailed to class members and notice was published in both USA Today and U.S. News and World Report.

    Claims for relief were due postmarked no later than April 4, 2008. Claims received postmarked later than April 4, 2008 will not be processed or approved.

    The Nuce website is the most comprehensive resource for information about the settlement. In addition to providing a copy of the Notice describing the lawsuit, your rights to obligations as a class member, and the deadline for claims, you will also find answers to many commonly asked questions, a copy of the Settlement Agreement, copies of the complaints that precipitated the settlement, and a description of how to locate the model, SKU and serial number of your notebook to determine whether your notebook is included in the settlement.

    If you have a notebook that is not listed in the Notice, then the Settlement Agreement does not apply to you. Accordingly, the Settlement does not bind you or release any rights you may have to bring a claim against HP within the appropriate statute of limitations. In that event, we do not represent you through this settlement, and you should take whatever steps you deem necessary to preserve any claims you may have.

    If you have any questions about the settlement that remain unanswered, or that are not answered at Nuce. Feel free to call us at (415) 477 6700.


    Home | The Firm | Consumer Clients | Investor Clients | Recent Successes | Investigations | About Class Actions | Publications | Employment | Useful Links | Report a Problem | Search

    Green Welling LLP, 595 Market Street, Suite 2750, San Francisco, California 94105
    Telephone: 415-477-6700 Fax: 415-477-6710
    Email: [email protected]

    here is one about our settlement for dells http://www.consumeraffairs.com/news...faulty-processor-suit-dell-hp-compaq-mac.html



    http://www.usmoneytalk.com/finance/nvidia-settles-on-lawsuit-owners-get-free-repairs-910/

    http://www.theinquirer.net/inquirer/news/1736698/nvidia-settles-bumpgate-class-action-lawsuit

    http://technabob.com/blog/2010/10/01/nvidia-settles-faulty-gpu-class-action-suit/
     
  26. shasta7

    shasta7 Notebook Evangelist

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    Jeez if you Google "hp settles " look at ALL the cases they settle its truly mind boggling how many suits they have against them and they settle.
     
  27. Batman1

    Batman1 Notebook Consultant

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  28. aw614

    aw614 Notebook Guru

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    HP Lies: The nVidia Defect

    the guy who made this thread is from the US.
     
  29. shasta7

    shasta7 Notebook Evangelist

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    His name is Paul and his screen name here on NBR is lapcore his posts start on page 3 of this thread
     
  30. TimelyCompensation

    TimelyCompensation Notebook Geek

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    Yeah, the small claims settlements were in the US. However, if you did not exclude yourself from the Nvidia GPU Settlement, you can't sue HP, Dell, Apple, or Nvidia over this matter I believe.
     
  31. shasta7

    shasta7 Notebook Evangelist

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    I have a major problem with not objecting meaning explicit acceptance. I believe without my acceptance virtual or on paper they cannot force my compliance with the order. Therefore I am free to sue for what I am rightfully owed!! The TINY MINORITY will prevail one way or the other.

    how about you guys?
     
  32. OldMajorDave

    OldMajorDave Notebook Evangelist

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    Pssst...Shasta, Check PMs.
     
  33. TimelyCompensation

    TimelyCompensation Notebook Geek

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    I think that I didn't exclude myself on purpose because the notice said replacement HP notebook similar in kind and value. That's all I ever really wanted was a new HP notebook to replace my defective one...but this Compaq CQ56 is not acceptable.
     
  34. shasta7

    shasta7 Notebook Evangelist

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  35. Carl Overmyer

    Carl Overmyer Newbie

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    Several folks have suggested that several things are true in this case... So let me recap some of the more salient points at this time that may be pertinent to my/our future actions.

    1) HP knew it was a defective design and hid and/or denied it and made us all jump through hoops in vain to fix them ourselves when they KNEW full well it wouldn't. While at the same time continued to sell the very same bad models to the public. (mine was less than 2 weeks old when it first exhibited symptoms [TX1219US] that had I known the problems, could have been mitigated to some degree)

    I believe this practice is called FRAUD and as I recall that's criminal. Further by involving others to help cover it up, engaged in an on going and continuing criminal conspiracy at our expense. I believe the greater responsibility really is HP’s not NVIDIA’s but that’s just my opinion. It may have been a bad GPU but HP built around it in such a way that was just plain stupid, they could have fixed it but actively chose not to do the right thing

    Even if we have filed complaints with our respective states AG or Consumer offices, most if not all responses from them, point to the ongoing lawsuit rather than stepping up to the plate themselves. Basically they have been useless at this point. But I recommend we continue to complain to them loudly! I like the Chicago method, early and often, it is after all the squeaky wheel that gets oiled.

    2) Milberg LLP and their lawyers, HAVE NOT represented the whole class fairly, evenly or with the kind of zeal and behavior that one expects from professional counsel. Nor has either lived up to the standards the California Bar Association, who I believe, would be appalled, if they (the Bar Assoc.) were included in "our class".

    The lack of communication with class members and their complaints, lack of understanding or information and a complete white wash of the non compliance of the settlement, with the judges orders in the settlement are so glaring, (Rule 5-200 B) it would seem that even Stevie Wonder could focus clearly on them. Per the settlement agreement “The replacement HP notebook computer will be of similar kind and value as their eligible malfunctioning notebook computer.”

    Nor have their representatives available by phone been able to communicate pertinent specific facts as to the settlement offerings, much less made it fully available on the website. (Rule 3-510) Further that they lied in point of fact about settlement hardware that they fully know is a netbook NOT a notebook. (from The NVIDIA GPU Litigation - Frequently Asked Questions ) “If your affected computer is an HP tablet computer, you will receive an Asus EEE T101MT-EU37-BK notebook computer. For all other HP notebook computers, the replacement computer will be a Compaq Presario CQ56 computer.” Much less, one that is as the court agreed should be in the settlement, of similar kind and value. Additionally (like we need more) Doc.#358 misrepresents material facts in the settlement agreement. By freely exchanging the terms, similar kind OR value, for the real terms, similar kind AND value. My best and most gracious description of the rest of that document submitted to the court in response to our objections to the settlement can only be uninformed and misguided at the very best and at the worst, outright bald faced lies.

    Claiming 13 million in fees when the class as a whole gets far, far less, I believe is in violation of CA Bar Rule 4-200, as well.

    However I would expect that since the CA Bar Association is a self regulating body, that is lawyers run the place, and do so with the financial help of the lawyers who practice in this state, I fully expect complaints to be smirked at far more than taken seriously. Nor do I expect any action to taken by them to either mediate or take action against Milberg LLP or the lawyers who were supposed to represent the entire class. I will however fill a complaint with the State Bar of California on this matter if the settlement continues in the manner it seems to be going. (Milberg, and Sharks 1-25 as needed)

    Milberg LLP has continued to deny anything is wrong with the settlement offer and as far as I can tell is opposed to reopening “friendly” discussions about this injustice as evidenced by their claims to the court and statements against Mr.Ted Frank made to the court. As well in those statements misrepresented the number of class complaints.

    I am going to be as loud as possible in every op-ed piece, every complaint filed, every conversation, every social network, to every individual I come in contact with, regarding this complete and total miscarriage of justice. I will NOT in any way shape form or manner participate in the final step of the settlement if it does not live up to the full intent of the judges orders.

    In my humble opinion, Milberg LLP has, by their actions, voided the good faith contract I signed with them through lies and deception. I plan to reassert my rights and seek justice on my own should they continue down the path they have chosen. They broke the contract not me. It is up to them to make it whole again.
     
  36. jtfrommer

    jtfrommer Notebook Consultant

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    Carl, please send me an email to: nvidia411 at gmail dot com
     
  37. TimelyCompensation

    TimelyCompensation Notebook Geek

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    Did Ted Frank have to file a response to Nvidia/Milberg yesterday?
     
  38. dv9000owner

    dv9000owner Notebook Geek

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    Per Docket 347
    (3) On or before March 14, 2011, class members shall file their Reply.
     
  39. thatscifiguy

    thatscifiguy Notebook Enthusiast

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    I believe you are mistaken. Microsoft does not license the software to the OEM (HP, Dell, etc), it simply allows them to preinstall the software for delivery to the consumer. The license is still bound to the end user, and it has always allowed you to remove it from one machine and install it on a different one. They just don't want you using the same license on more than one machine at a time.

    Activation is simply a process to try and determine if it has been installed on more than one PC. Even if the machine completely changes, so long as a significant amount of time has passed (year or more seems to work) and you haven't done it a bunch of times already the activation is automatic and easy. When it does require you to call them you simply explain that your PC died so you got (built) a new one and they give you a code.

    If you are going to send in your hard drive with your laptop the appropriate thing to do is to format it to wipe out the windows install so you can legally install it on another computer.
     
  40. Batman1

    Batman1 Notebook Consultant

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    If you do send in your computer I suggest that you Whitewash ( WWW.whitecanyon.com ) your hard drive to completely clean the drive. Less chance of Hacker getting info. We don't really know what is going to happen to the laptops we send in.
     
  41. Mr. Fox

    Mr. Fox BGA Filth-Hating Elitist

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    Apparently, you need to read the Microsoft End User License Agreement for pre-installed operating systems. Your statements are contrary to what Microsoft's copyright allows.

    A preinstalled (non retail) license cannot be transferred from the PC on which it was originally preinstalled.

    The pre-installed versions of Windows generally have to match BIOS code and activation is not required in many cases because the OEM has pre-activated the OS. When the hardware does not match, it will trigger activation, and I know from experience that the online activation will usually fail. If you call Microsoft for phone activation assistance and disclose the honest facts about installing an OEM licensed version to a PC other than the one it was originally sold with they will not provide activation assistance. They consider it a form of piracy. The restore discs that OEMs used to provide were clearly labeled with warnings about installing the OS on a different computer, but most new PCs no longer include re-installation media. You generally have to create your own restore discs. The user-created restore discs will not allow installation on another system.

    The only way you can transfer the license from one PC to another without breaching the terms of the EULA is by purchasing Windows as a stand-alone product. The license that accompanies a computer purchase only gives you permission to use that operating system on that PC. Most OEM licenses allow for Microsoft software to be re-installed and activated on the same PC an unlimited number of times, but never on a PC other than the one it was originally sold with. Anyone that follows your advice will be in violation of the EULA unless they purchased their Windows operating system as a stand-alone product.
     
  42. rustybronco

    rustybronco Newbie

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    And, you would also need the COA off the old machine to be legal.
     
  43. attmci

    attmci Notebook Enthusiast

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  44. kscottbrown

    kscottbrown Notebook Geek

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    I agree, I used to work for WhiteCanyon Software, you should use something to "wipe" the data from your drive. Just formatting doesn't erase the files, just the index that tells Windows where the file data is stored. If you use something like WipeDrive it will overwrite the file data so that it can't be recovered. You don't have to buy WipeDrive, there are other products that are free but WipeDrive is easy to use and you can boot from the CD and wipe the entire HD.

    Again, If you dispose of a hard drive that has personal info on it, and all of them do, you need to "Overwrite" all data on it, not just format or delete. You risk Identity theft if you don't. Plan ahead, it takes quite a bit of time to overwrite an HD of a couple hundred GB. Could take days if you perform the 3 pass overwrite.
     
  45. jtfrommer

    jtfrommer Notebook Consultant

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    Download DBAN, select Guttman method with 35 passes.

    For 100 GB, it will take about 2 days.

    But really, since you can simply call and ask to keep your drive (make sure to record rep's name, date and time), why not just take it out and buy an external enclosure for it?
     
  46. aw614

    aw614 Notebook Guru

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    they are pretty much speaking the company line like yes men, money talks ...

    I like how he mentions how important the warranty is, when HP themselves were bearly honoring the warranty of their own product.

    And the TX1000 lived less than a useful life for many of its owners some dying less than a year of ownership. In fact, Im still kicking myself for not seeing how loud and hot my friend's TX1000 ran in class. Most laptops in the settlement had a lower life than others b/c NVIDIA's poor design.

    What they said is easily disputed...
     
  47. eltrkbrd

    eltrkbrd Notebook Enthusiast

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    Is it just me or is there a problem using the forum "search this thread" function?

    So can we pull our hard drives, and just leave the caddy when we ship these in for replacement?

    Looks my $1700 tx1115nr (purchased 2007) is getting swapped for the POS Asus net tablet (don't get me wrong I love my Asus UL30VT but the replacement unit they are offering has pathetic performance specs in comparison)...
     
  48. TimelyCompensation

    TimelyCompensation Notebook Geek

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    Google Boot n Nuke, do a single pass to clear your HDD. Research shows that a single write of all 0s to a HDD cleans it unless you break out a microscope. Even then, you're going to need the top digital forensic experts to even think about recovering a byte of data. I wouldn't waste time or energy going through 32 write cycles.

    That's if you're mailing it in though. If you're keeping it, just reformat it and use it as an external. It'll eventually overwrite your old data...
     
  49. ultimeaciax

    ultimeaciax Newbie

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    Wow...haven't came back to this thread for a month and there's so many new comments.

    I was wondering if anyone has the spec for Asus EEE T101MT-EU37-BK?

    Also, it seems like we can't keep the hard drive? I don't have any other computer to back up my data or even wipe it out. Are there any other alternative?

    Thanks.
    (sent from library PC)
     
  50. Batman1

    Batman1 Notebook Consultant

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    First off if you damage it and send it in you won't get anything.

    Jon Peddie was probably ahead of his time, admittedly from 1984 - 2001. But NOW he can't even see that the Asus T101MT-EU17-BK or the EU37-BK don't even come with an OPITAL drive like the TX1000 models or a 12.1" screen compared to the Asus 10.1" screen. A BLIND person could feel their way around and tell the TWO are NOT " like or kind " even forgetting about equal value part. I for one don't want something that I have NO use for. Milberg SHOULD have sued HP NOT nVIDIA ! This is ALL on their Firm for " WRONGFUL REPRESENTATION" of this CLASS.
     
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