NVIDIA settlement forcing Windows replacements on Mac buyers

[presence06]

A determination (PDF) by the court in the wake of NVIDIA's class-action settlement has left Mac users and many others angered at unfair treatment. Judge James Ware declared "without merit" objections from those who were told the only replacement option was an entry-level Compaq CQ-56 notebook. The sub-$500 notebook "meets or exceeds nearly all of the specifications" of the systems whose graphics failed, Judge Ware claimed, further believing that any missing components could be added in.

For most, Judge Ware's claims are openly false and ignore the class of system that was purchased. Affected systems were using either a GeForce 8400M or 8600M and in some cases still outperform the integrated Radeon HD 4250 graphics the CQ-56 uses. AMD's 2.3GHz Athlon V140 processor is also slow enough that some of the higher-end or more recent systems from the settlement period, which ended in September 2008, could still be faster.

The arguments have particularly frustrated MacBook Pro buyers covered under the settlement. Ware made no distinction between platforms and argued that a notebook with an "advanced operating system" like Windows 7 was enough, even if the user had bought a Mac. Critics have noted that, if users were required to use the settlement computer, they would have to repurchase hundreds of dollars worth of apps and might be locked out of certain apps entirely.

Systems have in some cases been covered by warranties. The inherent manufacturing defect that triggered the lawsuit could still mean some would have to buy entirely new notebooks to get an actual equivalent and has put attention not just on Judge Ware but on NVIDIA, which didn't take care to make a distinction between Mac and Windows users or the types of systems they bought.

Read more: http://www.electronista.com/articles/11/05/03/nvidia.settlement.pushes.unwanted.compaq.notebooks/#ixzz1LOeDL0db

Electronista

[Jen Smith]

Wow, that's just stupid beyond words. Chances are if they wanted Windows, they'd have bought a Windows machine. Good luck trying to get all your software running on a different OS.

[Udedenkz]

A more important issue,

8600M >>>>>>> Radeon 4250

[Miuku.]

Mr. Ware sounds like a clueless moron.

Why can't they ever find judges that have the slightest understanding of tech to take care of cases like these.

[+jamesyfx Subscriber²]

That Judge is an idiot. Actually understand what you're doing before you make a decision.

[e-berlin.org]

Bribed judge is bribed.

[DeadEndAccount]

Oh well, I'm happy that Apple has gone with ATI Radeon for their MacBook Pro and iMac's because I know in the future that is what I'll have to keep an eye out on.

Is it just me or is nVidia drivers horrible both on Windows and Mac when compared to ATI?

[Udedenkz]

Oh well, I'm happy that Apple has gone with ATI Radeon for their MacBook Pro and iMac's because I know in the future that is what I'll have to keep an eye out on.

Is it just me or is nVidia drivers horrible both on Windows and Mac when compared to ATI?

Maybe on Macs, but on Windows... well lets just say that I regret buying ATi and will never make such a horrible mistake again and will go with a (in many respects) superior GPU from Intel.

[giantpotato]

Can't they just replace the Macbook under warranty, and also get this free PC in the settlement? :whistle:

[Jen Smith]

Maybe on Macs, but on Windows... well lets just say that I regret buying ATi and will never make such a horrible mistake again and will go with a (in many respects) superior GPU from Intel.

I dunno, been pretty happy with my ATI under Windows. (Not so much on Linux though, but drivers are kind of iffy across the board anyway.)

ATI and nVidia shouldn't even matter though, it's the switching of the OS that's the big issue. Kind of like suing because of your PS3, and the judge awards you a nice shiny new 360. Yeaaaa kinda sorta the same thing, but there's this issue of the stack of coasters I suddenly wound up with.

[Miuku.]

Is it just me or is nVidia drivers horrible both on Windows and Mac when compared to ATI?

Uh what, my GTX285 has been working like a dream on my Mac Pro. Only their mobile versions have been craptacular.

[Growled Member]

The Judge clearly did not understand technology.

[Fred Derf Veteran]

The thread title needs another "I". I'll fix that...

[Ci7]

oh please! bring that judge back to uni and tech him some IT stuffs :s

if i were in lawsuit i would even be more angry and frustrated

Royal ripe-off

[Denis W. Veteran]

Uh what, my GTX285 has been working like a dream on my Mac Pro. Only their mobile versions have been craptacular.

Mobile and desktop are now unified, so at least drivers are decent.

For the topic on hand, this is yet another example of the sometimes huge disconnect between the law and technology.

Also, of all machines to hand out, Compaq's? :rofl:

[Anibal P]

That Judge is an idiot. Actually understand what you're doing before you make a decision.

We'd have no judges left, they are all lawyers first and usually know nothing of reality

[Dashel]

This seems to conflict with the prior article that stated:

Plaintiffs with Apple and Dell computers are eligible to get replacement parts and related repairs covered, while HP notebooks are eligible for replacement models.

Seems that this is more specific to HP users effected since they were the only ones promised entire machines.

[DukeEsquire]

We'd have no judges left, they are all lawyers first and usually know nothing of reality

What an absurdly stereotyping comment...

[Paul Ferson Veteran]

That judge really does have a pathetic grasp of technology and what people want from their technology. The Compaq laptops they're receiving as compensation are unacceptable when you've bought a MacBook or non-Windows product at the very least. I could almost understand the logic in forcing the CQ-56 on those who owned a Windows machine with the problem but the MacBook should have been replaced with another MacBook. Not many people buy a Mac because they're 'alright' with Windows and would happily accept the downgrade. They should get what they had originally purchased if at all possible, regardless of operating system, assuming such an action is feasible. Judge Ware should consider brushing up on his technology, as he's just screwed lots of people out of the machines they had bought with the intention of using.

[rob.derosa]

This seems to conflict with the prior article that stated:

Plaintiffs with Apple and Dell computers are eligible to get replacement parts and related repairs covered, while HP notebooks are eligible for replacement models.

Seems that this is more specific to HP users effected since they were the only ones promised entire machines.

Yeah come on guys, this doesn't affect Apple users!

[giga Veteran]

This doesn't seem to be the case: http://www.nvidiasettlement.com/claiminformation.html

If you have an Apple or a Dell computer, your computer will need to be sent to a repair depot so that the NVIDIA GPU can be replaced. Your computer will be returned to you after the NVIDIA GPU is replaced. You will not be asked to pay any shipping costs, but please do not send your computer anywhere until you receive shipping instructions. Follow the instructions sent by the Settlement Administrator- DO NOT send your computer to a service provider or retail store.

In the FAQ:

If your Replacement Claim for an Apple or Dell notebook computer is approved, you will be contacted by the Settlement Administrator with information about how to send in your computer for the replacement of your GPU or MCP. You will be provided with materials and instructions for shipping the computer to the manufacturer and information about how to track the status of your replacement. When the replacement is complete, your computer will be sent back to you. Only the NVIDIA products affected by this settlement will be replaced on your computer.

Only the HP/Compaq notebooks are getting replaced with the CQ56 rather being repaired.

[Rudy]

Wow what a ****ty judgment :pinch:

[iwod]

Edit: OK it seems the reporter was the idiots, not the judge...

[Dashel]

Just shows that critical thinking isn't an Apple user's strong suit. :p

[majortom1981]

Apple computers are getting their gpus replaced. ITs hp computers that are getting the new pc's The article is wrong.