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Class action lawsuit filed against Lenovo over Superfish

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101–110 of 239 posts

Re: Class action lawsuit filed against Lenovo over Superfish

#101
post #39

Earlier quoted context omitted.

Yes, when a major company orders 3000+ laptops, they say exactly what they want on them, and that's what they get.

Couple of things here. Large companies most likely reimage the devices with enterprise license. For example, we order based on hardware configuration. Our company uses HP for everything, so we purchase the business class equipment with 3 year warranty on everything. Also, we don't use the version of Windows that comes with the devices, we reimage all our systems with our own using System Center Configuration Manager.

I'm curious, are you concerned with the fact that you can't get HP updates after your warranty is up?

Re: Class action lawsuit filed against Lenovo over Superfish

#102
post #72

A year or eighteen months from now look for a settlement in the case. Each of the affected class members will be entitled to a $5 discount on an anti-virus product plus up to $25 if they can provide detailed documentation showing actual economic losses. Any money left over after the coupons and payments are made will be given to a charity hand picked by the plaintiff's attorney. There will also be injunctive relief i…

Probably, although I'll note that cy pres awards are under intense scrutiny these days in the various Courts of Appeal. Besides that, is the result unfair here? Did the average claimant even suffer $5 in economic losses?

There is several different economic losses to calculate here, each surpassing $5.

There is the cost of removing the malware, and cleaning up any damages it caused. This is normally done by estimating how many hours a professional would spend on it, and the wages they would demand.

Second, is the for-profit claim of "TRESPASS TO CHATTELS". If someone goes and steal a car to run a taxi service, one would look at the ill-gotten gains as well as the potential economic loss the car owner might has sustained from not having access to the car. "borrowing" other peoples cars once the owner has parked it is not risk free, and the law recognize this beyond just looking at used up gasoline.

Re: Class action lawsuit filed against Lenovo over Superfish

#103
post #91

Earlier quoted context omitted.

What I'm confused about is why anyone needs another human to explain to them that watching the same woman repeating the same verbatim speech in reaction to every user action is stupid.

It's usually someone who paid a lot of money to have that video created and wants to see it "put to use". They spend very little time browsing their own website after it is created and hope that they get some form of return out of it. I've had clients request a video on every page - and sometimes they come back to me with "I was browsing my website and that video is annoying to have on every page. Please make it only…

> It's usually someone who paid a lot of money to have that video created and wants to see it "put to use". They spend very little time browsing their own website after it is created and hope that they get some form of return out of it.

This is it

Re: Class action lawsuit filed against Lenovo over Superfish

#104
post #44

Earlier quoted context omitted.

Is it possible that the "cyber" laws are designed to be effective towards individuals.

But corporations are individuals! Could two wrongs make a right?

So put the corporation in jail; take its personal items and lock them away, don't allow any outside communications except through visits, no access to bank accounts, etc.

On a more serious note, what happens to the author[ing company] of the software used to inject ads? http://www.komodia.com/about

Re: Class action lawsuit filed against Lenovo over Superfish

#105
post #96
post #83

Earlier quoted context omitted.

This is true, but do you know why it happens? The US has a protection against double jeopardy. If you've been sued once for something, you cannot be sued again (and again, and again) for the same thing. In most cases this is a good thing. It means that once the case is done, it is really done. But companies have learned how to take advantage of it. If they think they are going to have to fight a class action lawsuit…

>If you've been sued once for something, you cannot be sued again (and again, and again) Double jeopardy doesn't prevent someone from opting out of a class action lawsuit and suing separately. >hot coffee lawsuit The hot coffee case wasn't a class action lawsuit.

Double jeopardy doesn't prevent someone from opting out of a class action lawsuit and suing separately.

Yes. But one individual probably does not have sufficient injury to represent a meaningful case for the company. The point is that you've blocked a second, larger, class action lawsuit. Which is what the company is actually scared of.

The hot coffee case wasn't a class action lawsuit.

You're right. See http://en.wikipedia.org/wiki/Payment_Card_Interchange_Fee_an... for a more meaningful class action lawsuit.

Re: Class action lawsuit filed against Lenovo over Superfish

#106
post #96
post #83

Earlier quoted context omitted.

This is true, but do you know why it happens? The US has a protection against double jeopardy. If you've been sued once for something, you cannot be sued again (and again, and again) for the same thing. In most cases this is a good thing. It means that once the case is done, it is really done. But companies have learned how to take advantage of it. If they think they are going to have to fight a class action lawsuit…

>If you've been sued once for something, you cannot be sued again (and again, and again) Double jeopardy doesn't prevent someone from opting out of a class action lawsuit and suing separately. >hot coffee lawsuit The hot coffee case wasn't a class action lawsuit.

Also the hot coffee lawsuit wasn't as stupid as people make out. The McDonald's coffee really was hot and gave Stella Liebeck some nasty burns.

Re: Class action lawsuit filed against Lenovo over Superfish

#107
post #72

Earlier quoted context omitted.

Probably, although I'll note that cy pres awards are under intense scrutiny these days in the various Courts of Appeal. Besides that, is the result unfair here? Did the average claimant even suffer $5 in economic losses?

I know that outright cy pres settlements are on the outs, but are residual cy pres clauses also under the same scrutiny? If so, change that clause to the company keeps whatever is left in the compensation pool. As for unfairness, I think the entrepreneurial class action system to punish very diffuse harms amounts to an inefficient regulatory regime and that inefficiency results in higher prices for everyone as compar…

Is there a more efficient system? That's not a rhetorical question. Especially for cases like these where actual damages are either speculative or small enough that they wouldn't ring the bell of government prosecutors. I think a compelling answer is: do nothing, let the reputation economy handle the situation. But the reputation economy works on information, and litigation generates a lot of very good (vetted and authenticated) information.

Re: cy pres awards, while Pearson v. NBTY (out of the 7th Circuit) did not involve a residual award, it did strongly imply that they would be unreasonable when, as here, the class members could be individually identified and compensated directly. More generally, after the 7th Circuit's recent cases on the subject, cy pres awards are low hanging fruit for objectors and plaintiffs' counsel have an incentive to structure settlements to avoid such challenges.

Re: Class action lawsuit filed against Lenovo over Superfish

#108
post #48
post #2

Going through the list of complaints, it really sound as it should have been a criminal procedure, not civil. One then wonder why that isn't the case here.

It would seem to be a violation of the DMCA, as it is software preinstalled to allow the eventual side-stepping of the end-user's security measures (using an HTTPS-capable browser). "It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself." https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_A... EDIT: Considering the huge number of victi…

It would make my day to see companies (or the individuals who called for this retarded project) get punished under DMCA / RICO / CFAA. I bet we'd see those repealed real quick due to lobbying pressure if that kind of thing actually worked.

Re: Class action lawsuit filed against Lenovo over Superfish

#109

A year or eighteen months from now look for a settlement in the case. Each of the affected class members will be entitled to a $5 discount on an anti-virus product plus up to $25 if they can provide detailed documentation showing actual economic losses. Any money left over after the coupons and payments are made will be given to a charity hand picked by the plaintiff's attorney. There will also be injunctive relief i…

Indeed. This needs to be illegal, not inconvenient.

Re: Class action lawsuit filed against Lenovo over Superfish

#110
post #21

Earlier quoted context omitted.

This is true, but one still wonders why government officials haven't pursued a criminal case.

Because it's such a minor issue.

Consider what the outcome here would be if, instead of Lenovo expressly doing this, it was a single rogue employee who e.g. Modified the system image used by the factory with the exact same software in the exact same way and took the ad profits.

Whatever would happen in that situation should happen here. I would guess prison time would be involved.

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