Of Course: Lawsuits Filed Over Sidekick Fiasco

[JMcEntegart]

We all knew it was coming, which is why we're all completely unsurprised by the fact that Sidekick users are filing lawsuits left and right over Microsoft-owned Danger losing all their data.

Of Course: Lawsuits Filed Over Sidekick Fiasco : Read more

 

[Jerky_san]

Expecting enterprise service for a non enterprise price might be expecting a little to much.. To place your entire life on a phone isn't a smart idea unless your paying the price for said quality..

 

[thatcrazyguy]

Come on toms reporting lawsuits these days is not even news anymore because everyone and their brother is sue happy.

btw "Thompson's daughter lost business contacts, appointments, and song lyrics not stored anywhere else when her data was swallowed up by the big black hole cloud". Why is this idiot using her sidekick to store her song lyrics, I thought that's what a pen and paper or a laptop are for!

 

[theramman]

If one person can get a quick buck over little to nothing everyone and there dog is gonna join in...

But what is there really to "loose" on your sidekick? A few pic,vids,ect? Any why would you keep anything whay more importent just on your phone and not your PC. Would they sue Microsoft if there phone got stolen?

Morons

 

[ssalim]

there -> their
can't help it.

 

[wildwell]

I wonder how much any data has actually been recovered? Microsoft's statement may have been to discourage at least some people from moving forward with lawsuits.

 

[Amen2That]

The morale of the story is: if your data is that important to you, and it is within your means to do so, make it a habit to back it up yourself and do so regularly. I know it's an obscure concept but just think about that for a second before you go all sue-happy.

Should Danger & T-Mobile be reprimanded? Yes. Should Sidekick user be compensated? Yes, though I'm of the opinion that the free month & $100 gift card is very fair to 95% of sidekick users. Remember, in a court of law you have to prove ACTUAL monetary damage. You CANNOT use hypothetical cases of monetary lose or apply arbitrary value to your data. You are not entitled to millions of dollars if the data you lost is for numbers of a few kids. You don't get squat if your calender lead you to missed out on your American Idol appearance--even if Simon would have told you you were the best ever. And seriously, storing your ONLY copy of song lyrics on a sidekick (or any phone for that matter), is she nuts?

 

[Amen2That]

The morale of the story is: if your data is that important to you, and it is within your means to do so, make it a habit to back it up yourself and do so regularly. I know it's an obscure concept but just think about that for a second before you go all sue-happy.

Should Danger & T-Mobile be reprimanded? Yes. Should Sidekick user be compensated? Yes, though I'm of the opinion that the free month & $100 gift card is very fair to 95% of sidekick users. Remember, in a court of law you have to prove ACTUAL monetary damage. You CANNOT use hypothetical cases of monetary lose or apply arbitrary value to your data. You are not entitled to millions of dollars if the data you lost is for numbers of a few kids. You don't get squat if your calender lead you to missed out on your American Idol appearance--even if Simon would have told you you were the best ever. And seriously, storing your ONLY copy of song lyrics on a sidekick (or any phone for that matter), is she nuts?

 

[sunflier]

But what is there really to "loose" on your sidekick? A few pic,vids,ect?

Agreed. And I think these lawsuits are childish.
But a contract is a contract. If it states in the contract that T-Mobile is responsible for 'data' (and it doesnt matter what kind of data) then T-Mobile has to honor that contract.

At best I think these customers should be given some kind of reasonable compensation. But should't be allowed to file a silly lawsuit.

 

[tayb]

CNet reports that a number have lawsuits have been filed

Here is an editing tip, I'll give it to you for free. Read what you wrote out loud before you submit it to the website. The editing on this site is beyond dismal to the point I'm almost positive that there is none. The comment section routinely has better grammar and less spelling mistakes than Toms articles.

 

[one-shot]

Everyone want's a piece of MSFT's pie. Seems like there is a new article every other day with a new plaintiff.

 

[Platypus]

While I think anyone claiming monetary damages from this is merely a parasite, Microsoft and Danger should have considered this scenario when they made promises to protect/store people's data.

 

[t33lo]

What is wrong with the editing on these articles? Can't you hire someone to read aloud the articles before they post them? It's almost like a game, see how quickly you can find the typo's, usually in the first sentence, sometimes in the title.

 

[jecht]

As you'd imagine there's no shortage people rushing to the court house, papers in hand.

Shortage people? Is that the new politically correct term? And why would I imagine they wouldn't be rushing to the court house?

 

[seatrotter]

Thompson says the reason her daughter, an aspiring songwriter, singer and model, has a Sidekick is because "T-Mobile promised that any data would be protected and available no matter what happened to the phone."...

Well, there's your problem. The stipulation is only with regards to the state of the phone, not the state of the servers/storage. But then again, should the phone still have some data and it wasn't recharged, say due to prolonged power outage, the data is lost.

Let's see how the lawyers play this out.

 

[anamaniac]

They've offered compensation, and apparantly they've gotten most (if not all) data back, shit happens, fucking deal with it.

 

[cookoy]

if customers paid these companies to serve as custodians of the customers' data, making the data available and safe during the subscribed period, then the companies have better live up to their commitments as faithfully as possible. Of course some circumstances are beyond control, like losing all your servers during a nuclear war or come 2012 (i know this is a farce but let's join the scare-game anyway). But we'll leave the courts to decide each claim. one claim i really cannot fathom is "the picture lost is priceless". Really? priceless? and you only had a copy of that picture?

 

[Carson]

Microsoft will over-pay the parasites--watch and you'll see. It is cheaper for corporations to do that, even though it was a bad move for Michael Jackson. Plus, most people really will get their data back.

The longer-lasting problem is that the image of guaranteed-safe data has been destroyed in this context. No matter how well MS makes up, it has lost its marketing focus and that is irreparable. The masses respond emotionally. Retrieving the data may have been difficult. Retrieving the marketing image will be impossible. MS knows that, and won't even try.

 

[ichbinyogi]

I agree with alot said but even if they break the contract for a variety of reasons, where on earth does it imply or require massive monetary gain for the subscriber. It doesnt

Bottom line its more greedy people trying to get something for nothing. If you have your life essential data and accounts on one single storage solution, you are an idiot.

Doesnt matter how much you pay, nothing is foolproof