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Macbook Owner With Defective GPU Beats Apple In Court

New submitter RockoW writes "A few years ago, Apple sold defective computers of the MacBook Pro line. They had the defective Nvidia 8600M GT GPU. In this case Apple refused to take the computer back and issue me a refund. Instead, they promised to replace the 8600M GT boards when they failed, up to four years from the date of purchase. Three years later, the MacBook Pro failed and they refused to replace it. This guy took them to the court and won by their own means."

31 of 280 comments (clear)

  1. If You're Going To Make Promises ... by WrongSizeGlass · · Score: 4, Insightful

    If Apple promised to replace parts they knew to be defective for up to four years then they'd better step up. The court costs far outweighed the costs of replacing the GPU in his MacBook (and probably 100's of others). The cost of the bad press? It seems Apple has always been willing to test the patience of their customers' loyalties.

    1. Re:If You're Going To Make Promises ... by v1 · · Score: 4, Informative

      If Apple promised to replace parts they knew to be defective for up to four years then they'd better step up. The court costs far outweighed the costs of replacing the GPU in his MacBook (and probably 100's of others). The cost of the bad press? It seems Apple has always been willing to test the patience of their customers' loyalties.

      For more details on the problem check this link. Here's the header:

      In July 2008, NVIDIA publicly acknowledged a higher than normal failure rate for some of their graphics processors due to a packaging defect. At that same time, NVIDIA assured Apple that Mac computers with these graphics processors were not affected. However, after an Apple-led investigation, Apple has determined that some MacBook Pro computers with the NVIDIA GeForce 8600M GT graphics processor may be affected. If the NVIDIA graphics processor in your MacBook Pro has failed, or fails within four years of the original date of purchase, a repair will be done free of charge, even if your MacBook Pro is out of warranty.

      I'm surprised anyone has been refused replacement inside 4 years. I bet I've repaired around 170 of these units for this problem, and I have only just recently started seeing Apple refuse a warranty repair, because the computers are starting to cross 4 years old. The only time I see problems of this nature is if they purchase old stock and don't register. Apple assumes a computer is sold 30 days after manufacture if you don't send in your registration. If you need warranty service and are on the edge you may need to submit your proof of purchase to update your purchase date on record with Apple to get warranty coverage. Maybe that played into this case?

      And this problem stems not from Apple, but from Nvidia. I started seeing this issue on new machines a few months after this model was first released, and Apple started going rounds with Nvidia around the 10 month mark, just before these machines were going to start falling out of the 1 year warranty. Nvidia insisted this was not a defect and refused to cover anything. We had to start refusing repairs for some machines after the 1 year mark. Then about 2 months after that I found that Apple had gotten sick of Nvidia stalling and denying, and decided to cover these repairs, before they had even gotten Nvidia to budge. Apple sent notice to users that had paid for a repair that would now be considered covered, and refunds were issued. Apple started the repair extension program for this issue and covered repairs from that point forward. This was months before Nvidia was forced to accept responsibility and start reimbursing Apple for the defect.

      So I find it unfortunate that Apple is receiving a lot of FUD and bad press on this. They do tend to go the extra mile for their customers, they're consistently rated at the TOP for customer service. They were footing the bill for Nvidia's screw-up long before they were guaranteed of getting anything back. Try to find an example of that from any of the other computer manufacturers out there.

      --
      I work for the Department of Redundancy Department.
    2. Re:If You're Going To Make Promises ... by StikyPad · · Score: 4, Insightful

      They were footing the bill for Nvidia's screw-up

      No, they were footing the bill for their own screw-up. The part may have been defective, and nVidia may have made it, but Apple approved it for use in their own products based on, clearly, insufficient validation that the part met their standards. In the real world, that's how it works.

    3. Re:If You're Going To Make Promises ... by idontgno · · Score: 4, Interesting

      Maybe they calculate, based on reasonable predictions of variables such as the likelihood of lawsuits and the corresponding costs of such lawsuits, that they can profit more by offering the warranties (positive marketing) and then not honoring them (reduced after-sale cost) and paying out the (comparatively) few lawsuit judgments. And, sadly for decency and goodness, they were probably right.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    4. Re:If You're Going To Make Promises ... by idontgno · · Score: 4, Informative

      Well, when all the litigation amongst the companies shook out, it turns out that Nvidia is footing the bill for their own screw-up.

      As much as it pains me to defend Apple's corporate behavior in any matter, Nvidia was clearly in the wrong. Apple had no advance knowledge of Nvidia's bad engineering and dishonest documentation. The GPUs failed after time and use, so only an unrealistically long engineering evaluation period by any customer of Nvidia's parts would have uncovered the issue. Apple was boned, and Nvidia did the boning.

      This little peccadillo on Nvidia's part is how they wound up on my "never buy" list.

      The Inquirer chased the story quite intensively back in the 2009 timeframe. This query will give you the list of the articles there that might provide a bit of context to this story.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    5. Re:If You're Going To Make Promises ... by AmiMoJo · · Score: 4, Informative

      So I find it unfortunate that Apple is receiving a lot of FUD and bad press on this.

      Because they don't deserve it for refusing to honour the promise they made and having to be taken to court over it?

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    6. Re:If You're Going To Make Promises ... by Anonymous Coward · · Score: 4, Informative

      This reminds me of Toyota refusing to replace engines that had failed after only ~25,000 miles. They claimed the blame belonged to the customer, and forced owners to shell-out ~$6000 on new engines for their 1-2 year old cars/trucks.

      Nope, never happened. You have failed twice now to back up that claim with proof (and been called out both times, and not just by me), therefore we are forced to conclude that you are lying.

      And if the only "proof" you can provide is another lmgtfy link, don't bother. I told you before I'm not doing your work for you. You make a claim, back it up or be prepared to get called out for it. You wouldn't turn in a research paper without properly citing your sources, would you?

  2. Re:Cool, but... by Anonymous Coward · · Score: 5, Insightful

    Apple charges top dollar for their hardware.

    You would feel bad about "picking on them" for why?

  3. Re:Cool, but... by CnlPepper · · Score: 5, Informative

    Apple is responsible for the products it supplies. It is up to Apple to seek damages from Nvidia, not the consumers.

  4. It just works. by i+kan+reed · · Score: 5, Insightful

    I remember that slogan. Not too long ago even. Before that it was "Think different" and buy the most common mp3 player on the planet. I dislike apple because I dislike marketing, and Apple is like an avatar of marketing; the essence of style over substance given form.

  5. Agreement by Bananatree3 · · Score: 5, Insightful

    Apple got slammed in court for one simple reason: they guaranteed replacement for 4 years. 3 years in, they reneged on their promise. Simple, blatant double talk.

    The customer had the documentation to prove his case, and he won.

    1. Re:Agreement by Anonymous Coward · · Score: 5, Funny

      That can't be right...

      How could that customer create forgeries and attack Apple and get away with it?!

      The nerve of some people.

    2. Re:Agreement by jd2112 · · Score: 4, Funny

      Agreed. Fuck this guy.

      He should be banished from Apple Island and be forced to walk the cursed earth... using Windows Phone.

      I think that forcing Windows Phone on him counts as cruel and unusual punishment.

      --
      Any insufficiently advanced magic is indistinguishable from technology.
  6. Re:Cool, but... by acid06 · · Score: 4, Insightful

    Because Apple is the company which promised to replace his laptop up to 4 years after the date of purchase if it failed but then refused to replace it 3 years later?
    Sure, the problem is with the GPU, but since Apple itself *promised* to do something for a customer, they should respect their own words.

  7. Re:Cool, but... by CosaNostra+Pizza+Inc · · Score: 4, Insightful

    This is a huge problem for almost every manufacturer. Take a look at the HP DV series of laptops for example. Why are we picking on Apple and not the GPU manufacturers here?

    maybe because Apple reneged on their promise. That's reason enough.

  8. Re:Cool, but... by Nominei · · Score: 4, Informative

    Nvidia settled a class action lawsuit about these GPUs.

    (link: http://www.techspot.com/news/43614-customers-get-shafted-in-nvidia-class-action-suit.html)

  9. Not what you think by Anonymous Coward · · Score: 4, Interesting

    I did in warrantied repairs for an Apple authorized service provider for two years. I can't tell you how many of these repairs apple picked up the tab on. I have never seen another computer company take as much responsibility as they have on this issue. The repair to replace the logic board that contained the defective GPU was a $1700 repair from a third-party authorized repair center and I did an average of 2 to 3 a week for 2 years.

    Try stacking up those numbers against any other computer companies defective products in what they did to fix them

    1. Re:Not what you think by Hope+Thelps · · Score: 4, Informative

      The repair to replace the logic board that contained the defective GPU was a $1700 repair from a third-party authorized repair center and I did an average of 2 to 3 a week for 2 years.

      From the article: "At one point, the judge asked Apple how much it would have cost them to have simply replaced my logic board when I had taken it in, and one of the Apple guys said “Oh, it wouldn’t have cost us anything, Nvidia foots the bill for each board we replace.”"

      --
      To summarise the summary of the summary: people are a problem. ~ h2g2
  10. Re:Cool, but... by Ecuador · · Score: 5, Insightful

    Because they admitted in court that it would not cost them anything to fix it, nVidia was paying the bill, but they still refused and they didn't even have an argument on why they were refusing. They just wanted to make it hard for their customer. RTFA, the description of how the trial went is comedy gold.
    I've had enough horror stories with with Apple products around me to not be surprised, it seems that for every iphone they replace no-questions-asked they void the warranty on a few iMacs just to balance it out. Since the average apple customer thinks Apple can do no wrong, these incidents usually don't generate any fuss.
    Good for the OP!

    --
    Violence is the last refuge of the incompetent. Polar Scope Align for iOS
  11. Re:Cool, but... by Anonymous Coward · · Score: 4, Interesting

    This is a huge problem for almost every manufacturer.

    And Apple is one of the few who gets apologists jumping in to defend them by pointing this out.

  12. Re:Cool, but... by sjames · · Score: 4, Insightful

    Because it's up to Apple to replace the Apple hardware. They are then free to seek damages from the GPU manufacturer.

  13. Re:Cool, but... by cjcela · · Score: 4, Informative

    Don't be so blind. The customer purchased the computer AND an extended warranty from Apple. The GPU manufacturer said to all parties they will foot the bill for the defective hardware. The repair was free for Apple, but they decided to take this customer to court just because. Then, in court, they lied to the judge, saying that the hardware was different, etc. Apple is usually good with warranties, but notoriously for forcing their way on everybody, be it for good or bad. In this case, they were wrong, and behave like morons, and drag one of their customers to court. It is infuriating.

  14. Re:Cool, but... by gl4ss · · Score: 4, Insightful

    dunno, but if I bought a lotus from lotus and it blew up I'd complain to lotus - not to the company that was contracted to do the piece that broke. it's not like brembo(or whatever) is responsible to consumers for toyotas brake problems..

    toyotas brakes fail and people don't go complaining to brembo..

    --
    world was created 5 seconds before this post as it is.
  15. Re:Cool, but... by XxtraLarGe · · Score: 4, Insightful

    Because this is Slashdot. Apple is that evil bad nasty walled-garden company that makes products those filthy commoners like...

    No. I'm a Mac user, and Apple has always done the right thing if something went wrong with the hardware on my computer, but in this case they were wrong. They went back on a promise, they should be held responsible.

    --
    Taking guns away from the 99% gives the 1% 100% of the power.
  16. Opposite Anecdote by IKnwThePiecesFt · · Score: 4, Interesting

    That's strange... I had this exact same problem and Apple replaced my motherboard for free when the time came. I wonder why they denied it for him?

  17. Re:Cool, but... by jedidiah · · Score: 4, Insightful

    Not an excuse. They are a "premium luxury" brand. If they couldn't do right by the customer with the parts they had on hand then they should have given the customer a better replacement.

    THIS is what separates the real "quality" brands from the ones that are just over hyped by mindless consipicous consumers.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  18. Re:Cool, but... by jedidiah · · Score: 5, Insightful

    You've got it backwards.

    It's the shills and apologists that breed haters.

    If there were less mindless hype surrounding Apple, there would simply be less of a story here. Although if Apple just lived up to their supposed reputation there wouldn't have been any story at all.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  19. Which screwed everyone by jbov · · Score: 4, Informative

    The terms of the class action suit were not favorable for the consumers, as your link states. For replacements from HP, everyone got the same Compaq budget 15" notebook, which retailed at around $270 at the time that the notebook owners received their replacements. Many of the consumers, including myself, had purchased notebooks which cost well over $1000. It is argued by some, that since prices have lowered since the initial purchase, the replacement notebook was comparable to the one initially purchased. This was untrue in my case. It also doesn't take into account that many of these notebooks were unusable during the years it took for a class action lawsuit to take place, and replacement notebooks awarded.

    In my case, it is basically as if I purchased two $1200 notebooks, and didn't have them shipped to me until 3 years later. By the time I got them, I found out they weren't even the correct specs. Since it was 3 years later, I could have gotten much more for $1200.

    The suit pitted the consumers against nvidia themselves, bypassing the computer manufacturers. I don't think this was an appropriate action. The manufacturers share some blame. They took the payoffs from nvidia to replace the GPUs under warranty, until the warranties ran out and it was all swept under the rug. At the time, the manufacturers knew the replacement parts were a time-bomb waiting to fail. They didn't care, because nvidia was funding them to do the repairs anyway. So, the manufacturers were making money by *not* replacing the GPU with a non-defective GPU.

    In the case of HP, they lied about replacing the GPU with another defective GPU, and slapped a 90 day warranty on the service work. When I complained to them, and the BBB, they lied and said they replaced it with a different model GPU. My own eyes and lspci spoke a different story.

  20. Re:Cool, but... by billybobbubbasmith · · Score: 5, Funny

    that hamburger....i think you are using it wrong

  21. Re:Cool, but... by OhHellWithIt · · Score: 5, Insightful

    In TFA, the author noted that one of the ironies was that Apple said in court that Nvidia would pay for the replacement. However, the thing that struck me was his revelation that he had received lots of contacts from people who have also had the same kind of failure and have paid Apple or trashed their machines. It seems pretty obvious that the reason Apple probably spent more than the cost of satisfying this guy's claim was to prevent a precedent's being set in a large class-action suit against them.

    --
    "Who controls the past controls the future. Who controls the present controls the past." -- George Orwell
  22. Re:Cool, but... by Anonymous Coward · · Score: 4, Funny

    Wow, a top of the line lemon. Good job!