Samsung Sued Over "Defective" Blu-ray Player
Anneka notes that, although both Netflix and Best Buy threw logs on HD DVD's funeral pyre today, things are not all going Blu-ray's way. A Connecticut man is suing Samsung, the maker that brought the first Blu-ray players to market, over its "defective" BD-P1200 player. The lawsuit seeks class-action status. The problem is that the Samsung BD-P1200 is a "Profile 1.0" player that can't play some Blu-ray discs and Samsung has no intention (or ability) to upgrade these players via firmware. Quoting Ars: "The meager requirements of the 1.0 profile mean that Blu-ray players which fail to implement the optional features won't be able to take advantage of picture-in-picture, which requires secondary decoders. 1.0 players are also unable to store local content, lacking the 256MB of storage mandated by the 1.1 profile. Profile 1.1 discs should still play on 1.0 players, however, but the extra features will not work."
There's a reason we call it the bleeding edge - because it cuts you. And you bleed. It's much like new software - I won't touch a new OS or game until it's had at least one patch or service pack.
If this guy wins, gets a court to punish a player manufacturer because it's not forward compatible with media all carrying the same media logo, then I want to see Sony get slammed for selling "CD" players that won't play CDs that I copied from the ones I bought as backup. And then I want to see Sony get slammed for selling "CDs" that won't play in some CD players because the Sony CDs have DRM that's not part of the "CD" spec.
--
make install -not war
No way a judge will allow this lawsuit, much less grant it class-action status. Imagine the precedent this would set. I could sue Motorola because my older cell phone doesn't have all the features that their latest ones have. I could sue Toyota because a newer year/model of my car has more features. Etc. etc.
I don't see the problem. It's a Profile 1.0 player, and it gives the user all Profile 1.0 features. It does what it says on the box. It will play Profile 1.1 discs - you can still see the video and hear the audio. Since Profile 1.1 requires additional hardware (like the 256MB local storage), it isn't possible to update a Profile 1.0 player with new firmware.
Think of this another way: I have a MacBook with a Core Duo CPU. It's a 32-bit x86 processor with SSE3. It will run OSX 10.5 Leopard in 32-bit mode, but 64-bit features won't work, and 64-bit only applications won't run. Should I go and sue Apple for selling me a defective product? Should I demand they give me an update? It's not like a new EFI ROM will turn a 32-bit chip into a 64-bit one, either.
Far too many people from Connecticut think they are entitled to far more than they deserve. Before you slag me, I am from Connecticut. I see it every day.
Anyone who jumps into a new technology should expect things to change. This goes double for competitive technologies. People like this guy would probably be suing Sony if HD-DVD won out in the end. Stupid.
How is this a fault of a manufacturer? Especially one that is not the creator of the Blue-Ray disk. Samsung made a hardware platform with a current drive and the technology improved and the old system cannot be upgraded. Why not sue every HDD manufacturer then? My old IDE drive won't work with my new motherboard. I cannot get firmware updates and the connectors are all wrong!
These frivolous lawsuits need to stop. They really need to start tossing these people out on there asses or pressing some criminal negligence charges against them.
Apparently Samsung went to the Microsoft school of enraging their early adopters.
BTW if you are one of the early buyers of my game, I will not shit on your face. In fact, I will do my best to be friendly, supportive, and civil!
expandfairuse.org
I understand the point of people saying "It's Profile 1.0, not Profile 1.1, it does what it says on the box". But most customers won't look at that. They just see the BluRay logo, see the adverts for BluRay (which no doubt show off the features included in Profile 1.1) then want to know why their BluRay player can't do what the advertisement told them.
At the least, it's misleading advertising. The Profile 1.0 player being defective is a bit of a stretch, but it's not unfounded.
The only market segment decided so far are people who are willing and able to pay $600 for a high-def player or a game console. Apparently HD-DVD captured an even smaller mind share, but $150 players are only a recent phenomenon and it's effect on the market remains to be see. If and when Blu Ray players are available for under a hundred bucks and titles are around $25 we can talk about having a winner.
One important thing to remember is Joe Consumer doesn't know or care about 1.0, 1.1, etc.
Unless they're changing the name, ol' Joe is going to get upset when it doesn't work like it says on the box. Joe is used to auto recalls and static products, and I think BluRay forgot that in their little war to win the format.
I love my computer -- You make me feel alright (Bad Religion)
My favorite part about this "profile" stuff is that the PS3 is the ONLY hardware capable of meeting the profile 2.0 requirements (with a software update). Sony must love that, "Awe gee whiz, looks like our PS3 is the only REAL Blue-Ray player." I wonder if we'll ever see Blue-Ray profile 2.0 players get as cheap as DVD players? Not if Sony can help it.
"You never know when some crazed rodent with cold feet might be running loose in your pants."
-Calvin
... he owns Sansung stock. Buy after lawsuit annoucement, sell after lawsuit is rejected in court.
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Frankly, I wouldn't mind seeing these companies getting a slap on the wrist for a changing definition of what Blu-Ray is by changing the profile but not making the differences obvious (it's a little tiny box on the back of a case).
That said, sounds like the guy has a case to me. Read this part:
It was defective. It sounds like the bought a DVD player (let's pretend) that wouldn't play a good percentage of DVDs. Not "doesn't play every neat feature". Not "doesn't support 12.16 theatrical sound". Just plain "won't play". They could fix it with a software update, but they don't seem to want to.
That part is bait-and-switch. He bought a player that should play any good Blu-Ray movie (possibly san-extras). It won't play many of them. Either all those movies are defective, or the player is. If it is the player, he was ripped off. At the very least, they should have replaced his player with something that would play movies.
Comment forecast: Bits of genius surrounded by a sea of mediocrity.
he'd be trying to nail them with Sarbaney-Oxley for leading investors to think they have better products and a better market position than they do.
Engineering is the art of compromise.
If he has problems with BD+ discs, why doesn't he sue the people selling and distributing these defective discs? If the discs are being sold as BluRay discs, they should play in a BluRay Profile 1.0 player. It isn't the manufacturers fault that some crappy new copy protection doesn't work with their player. Would you sue the manufacturer of a CD player because some copy protected discs won't play, or would you go for the people selling the dodgy copy-protected discs but still calling them CDs? I know I'd go after the people purveying the misrepresented discs.
Who really gives a damn about "bonus features" anyway ?
I mean, if you fork out for some serious hi-def gear, you'd want to see the whole image anyway, without some PiP cluttering up the screen.
It's a gimmick at best, and probably something you'd use once, if at all.
This guy decided to make a major expense purchase and didn't do proper research to see if it was adequate for his needs. I've been looking forward to a Blu-Ray player, but waiting until prices come down more and maybe profile 2.0 players to become available.
This lawsuit is not over that Profile 1.1 content will not play on this Profile 1.0 player. The Samsung in question has much worse compatibility problems--some discs don't play at all. Before the first Profile 1.1 discs came out, the Samsung refused to play BD+ discs such as Fantastic Four 2 and The Day After Tomorrow. It took Samsung something like a month to issue a firmware update to fix this issue (other manufacturers who had issues had updates out in a week or so). Furthermore, even after that update, new discs continue not to play. The problem mostly is limited to Java-enabled discs, which are in the Profile 1.0 specification.
We're not even talking about Profile 1.1 discs either. Some standard releases refuse to play, and Samsung's support has been sluggish. Problems with the PS3 and Panasonic players have been addressed within a week or two of problems occurring. There are a number of discs that have been out for months that still don't play, even with the latest firmware:
Pirates of the Caribbean 3 (12/3/07)
Blade Runner (12/18/07)
Pixar Shorts (11/6/07)
That's over a month and a half with no fix! The profile 1.1 discs (3:10 to Yuma and Sunshine) don't play the movie successfully. They sputter and freeze. This problem isn't observed on other Profile 1.0 players from Panasonic, Sony, and Pioneer. The Samsung player really is defective.
Ensuring good lawsuitarity since VHS vs BetaMax.
Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
Or are we nearing the day when Sony finally 'wins' a format war?
Meanwhile, the movies mentioned in the article all come with a "blu-ray disc" logo on them, despite there being two distinctly different formats involved. That's misleading advertising, and I hope he wins his case. You can't create a so-called standard and then say "whoops, need to change a few things here, sucks to be you if you were an early adopter!" I understand that the bleeding edge sometimes cuts, but that's usually a result of bugs in the players or the manufacturing process, not because some idiot changed the specs of the format!
If that's the case, then I await with glee for whenever they try to close the "analog hole" in HDMI-equipped TVs with DRM-crippled signals, as has been reported.
It's got to be hard losing them all? :-)
That and, if you prefer, you could say that Microsoft lost this one.
I've never seen a BluRay title... but I imagine the menuing system is like DVDs' on crack. When I put a movie in my player, I want to watch a movie, not wait 2 minutes through menu animation and 8 min through previews... I'd pay more for no-nonsense "movie-only" titles. You know how when you go to get milk at the supermarket you have to walk past miles of stuff you don't want? Marketing is a profound waste of the consumer's time, and all that extra stuff on movie discs is just like the maze at your local grocery. You fools! You are letting them charge us for showing us stuff they want us to buy.
The Admin and the Engineer
http://arstechnica.com/news.ars/post/20080211-samsung-sued-over-defective-first-gen-blu-ray-players.html
If you Google for BD-P1200 Lawsuit, you'll see the profile 1.0 vs 1.1 is not the issue. I'm guessing Samsung released this thing, and now the software patches are eating them alive keeping up with the changing spec (and probably a bad design to begin with). Based on the scant information, I'm guessing Samsung realized at some point they couldn't patch their player to fix all the incompatibilities. Perhaps it was at end of life, so they figured they'd just ignore the complaints.
I don't think this is a "first adopter you have to expect this" situation. It sounds like a bad design. If Samsung had any corporate integrity, they'd replace these players with ones that actually work. I'm not a fan of lawsuits, but Samsung basically said "screw you" to their customers, so it's natural somebody would screw them right back.
You were mistaken. Which is odd, since memory shouldn't be a problem for you
Don't early adopters always get burned? That's the price you pay to be first.
I loved the defectivebyaccident tag.
Funny, but I think you give them (the Blu-Ray camp) too much credit. It was not accidental.
Other than this text, there is no discernible information contained in this sig.
You've gotta be kidding. Who modded this guy up? I know that anti-Sony opinions are popular here, but this is just insane. The PS3 has not cost $600 since June of 2007. Welcome to 2008. PS3 is currently selling for $400 or $500 depending on the model. You can buy a regular Blu Ray player for $350. Blu Rays are available for less than $25. Take a look at Amazon.com. HD-DVD players are selling for $150 because no one wants to buy a player that is already obsolete.
There's simply no case here. Hardware advances, flash memory becomes cheaper, there's just nothing here unless they promised they would have 1.1 compliance in the 1.0 players. I feel for the early adopters, and I think that the BluRay 1.0 spec was too easy on manufacturers (one of the few areas HD-DVD had it right from the beginning) but the electronics market has always been prone to "early retirement". I can guarantee this guy would have sued Samsung if HD-DVD had won the format war because Samsung had not accurately predicted the future. In the interest of customer service though, Samsung should offer a trade-up program to their early adopters with little or even no cost to upgrade to a 1.1 player, simply because these guys can go from Samsung resenters to Samsung evangelists, and a lot of the hardware should be recoverable (especially the diode which is hugely expensive). They could even make an in-house upgrade kit and just retrofit the old players. Hell they only sold like 5,000 of them just take the hit and play the good guy Samsung. It's just good business. It's NOT legally liable though.
Slashdot was sued for "duplicating" Ars Technica posting titles.
When I was a kid, we only had one Darth.
My neighbor had both players and I put my bets on HDDVD (only because I picked up a normally advertised $300 player for $150 -- floor model). For Christmas, him and his wife actually bought the wife and I a Samsung BD-P1400. I read the entire owner's manual front to back (does anyone do that anymore). Comes out they have a big huge fat disclaimer in there on how the format can change and they won't guarantee it will play future revisions.
The only thing I don't like, even though the Samsung upscales normal DVD's to close to it's 1080p output, it "stops" randomly while playing them. My Toshiba HDDVD's output is only 1080i (and even tho the upscale for standard DVDs is only close to that). At least it doesn't stop randomly.
I realize too this may be a firmware issue, but still an annoyance. Some cat5 to the ethernet jack in the back should allow internet firmware updates.
FLR
to NOT be an early adopter of new technology. No Blu-Ray or HD DVD here, just a sweet 1080p with a quality DVD upconvert player (http://dvdupconvert.wordpress.com/) so I can enjoy my existing DVD collection.
Early adopters always get screwed, but it seems to me that the High-Def thing has been particularly bad. The first Audio CD players didn't refuse to play later CDs. Here we have HD-ready TVs that aren't HD ready, Blue Ray players that don't play Blue Ray discs, and HD-DVD players that now are only good as boat anchors.
Not that I'm promoting violence against the consumer electronics industry, but I'd return the Samsung player to Samsung, by finding one of their buildings in the nearest corporate park, and chucking the player through one of their plate-glass windows.
If enough people did that, sooner or later they'd get the hint that you do not screw your customer base.
If telephones are outlawed, then only outlaws will have telephones.
Bait and switch is when one product is advertised, and when you go to buy the product, the seller of said product refuses to sell you the product advertised and and instead tries to sell you a product that cost more, or has a higher profit margin.
Blu-Ray Lawyer: "Your honor, I move that this case be dismissed by reason of insanity."
Judge: "Please explain."
Blu-Ray Lawyer: "The plaintiff purchased the product in question when it was untested, unproven, excessively priced, and played a format that was at risk of going the way of the Dodo. Clearly he is insane."
Judge: "That is insane. Case dismissed!"
Plaintiff: "I'm Cuckoo for Cocoa Puffs!"
I'm still surprised to see people not buy the cheaper $399 ps3 over these players. It has far better hardware then these standalone players (hard drive, etc.). Everyone for the love of god don't make this mistake. I've been telling people to get the ps3 for the last 6 months if they want a blu-ray player, until standalone 2.0 players that come out at half the cost of a ps3 (doubtful it will happen anytime soon) there is no reason to get a standalone.
Hmmm... Pie...
mention the HDMI - DRM fluster fsk were you have to have a router with a internet connection to play media you have legally purchased if you dont have the right version of the DRM firmware on your player.
And I don't mind it, but why are vital things like a second decoder not in the spec to make it at least upgradeable. Or even just disabled until a special disc is put in to flash the firmware to activate it ?
The article mentions that there isn't enough RAM for a paticular decoder to operate. There isn't a single software upgrade that can get past the lack of the physical memory. The boards in most of the players isn't laid out where memory can be just plugged in. A small run to produce new boards and the labor cost of a recall for a board swap is cost prohibitive. The early production run did not have the 2nd decoder built-in because the spec was probably still being finalized. There were no discs out at that time to even verify the decoder would work if it was installed at that time.
This is much like the early days of UHF TV (I'm old enough to remember) when the FCC mandated 82 channel reception. Many sets shipped with UHF tuners that didn't function. Several years later, the failure was noticed when the first UHF sets went live.
This is why I didn't buy a flatscreen with a tuner before the local broadcasters were on the air. I waited until after the signal was established.
If the company was ethical, they should have a trade-in program instead of expecting the end user to bite the entire cost of replacement.
The truth shall set you free!
That is an ethical response and I think it's a good idea. Maybe that will be the end result of this lawsuit.
This package Does Not Contain a Winner
It's articles (and lawsuits) like this, plus the war still raging between HD and Blu that are stopping consumers like myself from investing in EITHER technology.
My DVD (one of the first-generation Sony) and TV are both about 10 years old, and despite usually being on the "cutting edge" of technology I've held off buying replacements for quite some time.
I'm very hesitant to buy either HD or Blu, or even a new TV, with all the new standards and versions that seem to be coming out left and right. And I won't be buying anything any time soon until the market stabilizes, or I'm forced to replace what I already have.
-David
I also found out that every program that I use is Open Source except OS. Then it was quite natural to start using Linux instead of Windows. Now I got everything for free!
I normally hate class actions... but this one makes a lot of sense. Blu-Ray came out.. the marketing hype stepped up.. and the technology didn't. Samsung and many others touted how wonderful Blu-Ray was, how the technology had all these awesome features - and of course they didn't bother to educate the many salespeople at the many retailers selling their products that all the technology they spouted off will NOT work with their 1st gen players.
Tech/Reviews blog
Every HDDVD player HAS to have Ethernet connectivity. So It can access all the online content which is trickling out now. I'm a little worried that the consumers will choose the inferior technology. Only time will tell.
I will file suit as well. My Commodore 64 isn't able to process Microsoft Word files. It's defective by design! I will get millions from Microsoft...
Not.
cb
Not only this one, but all Blu-ray and HD-DVD players are defective. They are Defective By Design. If you buy products spiked with digital AIDS such as Blu-ray players, you're asking for getting screwed. Why would they compensate the guy for this, if they aren't compensating anyone for robbing them of their legal, constitutional, human and moral rights, screw them with forced advertisements and similar "features", price-discriminate against them with the nazi regional system, and often allow the mafia corporations to watch them (and not just in Soviet Russia)?
I was about to say 13256278887989457651018865901401704640, but it appears this number is private property.
Whether it is defective will be determined by whether they stated that the player would be compatible with "this and all future versions of the Bluray format"
If they sold it as a "BluRay 1.0 Compatible Player," then as long as it remains so, it is not defective. The fact that it does not support features the customer wants is irrelevant to whether the device fails to perform to its stated specifications.
If Sony/Blu-ray hadn't been throwing money at studios, Blu-ray wouldn't have had a chance. They introduced a player with no Internet connectivity and no good way to upgrade the firmware, and then they decide to change the "standard" after players were already out there. Of course, this was mostly because Sony is literally orgasmic over DRM, and they had just forgotten that maybe Internet connectivity would be a good idea.
I agree with what at least one other has said- I hope Sony gets their asses sued too. I'll admit- as an "bleeding edge" "early adopter" the lawsuit in this article probably doesn't have a lot of merit, but hopefully it will bring to light Sony's tactics and Blu-ray's flaws.
The really bad thing is we've come to an age where now you have to worry about what "version" your home entertainment system is too. At least CD and DVD were standards. There was no DVD v1.1! I have to get that movie I loved on standard DVD, because my Blu-ray player isn't the right version. What a load of...
Both still serve to a very strong extent their primary purpose: to provide transportation or to serve as a phone. Chances are that, if well maintained, both the car and phone will continue to serve that primary function as any other.
A blue-ray player that does not play discs labelled as "blue-ray" does not seem to serve the primary function.
All in all, linux has far more support for HW than windows to boot (don't forget the huge amount of non-i386 HW like sbus cards for Sun and such), plus you have to factor in the equation that a lot of so called "legacy" HW lose support with new windows release (perhaps because the manufacturer doesn't want to pay the MS tax for a certified driver on an eol'ed product ; even for a last year product, like Canon does routinely with printers). Linux really seldom lose HW support even for extremely outdated cards. So if you have the decent taste to carefully pick your HW from a reputable source (as in 'has provided specs to the FOSS people free of anal NDA'), your investment will be much better protected by linux than by windows. First point.
Second point, when you're carefull (as everybody should be, caveat empteor) to pick only linux supported hardware, you've no need to reboot into windows for a hardware issue ; from scanners to dvb-t usb 'sticks', I've never run into an area of comptuer expansion totaly forgotten by linux.
The central question here is: does the Samsung player conform to the Blu-Ray Profile 1.0 spec as it claims to?
If the answer is no, the device is by definition defective and the manufacturer is obligated to provide restitution.
If the answer is yes, the device cannot be considered defective; it works exactly as it was represented to work. I think it was pretty foolish of the Blu-Ray consortium to allow different tiers of compatibility within a single consumer standard, but they're hardly alone in that.
Market penetration even for the winner is quite low at the moment. With movies-over-internet coming "Real Soon Now" (TM), it's possible that although they defeat HD-DVD, they will never overtake DVD itself.
Can you be Even More Awesome?!
I pity the fool who buys an unmaintainable player. Buy a drive. xine, mplayer, etc. are your players. Want the latest features? That's what apt-get, emerge, etc. are for.
As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
Can you recommend a Linux-supported 3D card - and by that I mean one with in-kernel OSS drivers ? I'm really starting to get tired trying to patch NVIDIA's wrapper for the last driver version to support my GeForce 2 MX to work with new kernels.
That is the real reason keeping Linux from desktop: the graphic subsystem is a horrible kludge. Not only does it need a binary driver, but the driver also runs partially in userspace, causing X to need root privileges. What a mess.
Forget magic. Any technology distinguishable from divine power is insufficiently advanced.
To sue because the player doesn't have 1.1 features is like suing because your b/w TV doesn't show color. But to sue because you can't see a 1.1 video using 1.0 features is more like not being able to view color shows on TV as b/w. The question becomes one of "who said you could display 1.1 videos?"
If the vendor promised that capability, the customer is right. If the 1.0 standard requires such capability, the customer is right. Bit if the 1.1 videos in question require features not in 1.0, or require hardware support not required for 1.0, it becomes a quality of implementation issue. I would suspect that optional 1.0 features were legally optional and lack of them does not qualify as a defect. If the units were sold with a stated or implied that the optional parts were present then the customer is right.
For the videos which don't work at all, it would be necessary to know why they fail, from a 1.1 feature not being ignored or a 1.0 feature not provided correctly. If this goes to trial the jury would have to be educated and charged very carefully, it sounds as if the legal issue is really splitting hairs. As customer relations, of course, just having the lawsuit huts, even if you win.