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Compaq sued over restore partition!

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a b à CPUs
April 16, 2003 5:37:37 PM

<A HREF="http://www.compaqqrsettlement.com/email.htm" target="_new">Ah-Ha! Read!</A>

It's about time somebody did something about this. Compaq puts the restore partition on the drive itself without supply restore CDs on some models. I know from experience that if your drive fails, they CHARGE YOU for restore partion CD's!

Someone should now sue them for putting the BIOS GUI on the hard drives!

<font color=blue>Watts mean squat if you don't have quality!</font color=blue>
April 16, 2003 5:43:08 PM

Heh heh. That's funny. Poor Compaq. (Not!)

<font color=blue><pre>I'm proud to be an American,
who served my country in the US Air Force,
to protect the rights of my fellow Americans,
to hold protests against others like me.</pre><p></font color=blue>
April 16, 2003 8:07:34 PM

Finally!


I have had many a headache with that stupid little partition. They have been doing that for a long time now.


Yes! Muhhhahhaaaahhaa!







<A HREF="http://www.millionmanlan.com/MMLDefault.asp" target="_new">Million Man LAN 2 is June 25-29, 2003 in Louisville Kentucky... Be there!</A>
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April 16, 2003 8:28:02 PM

thank god, hopefully they will stop doing that. i hate it! of course i rarely have to work with a comcrap, but thats the reason i use dell servers.
please note i said dell SERVERS not workstations lol.

my computer is so fast, it completes an endless loop in less than 4 seconds!
April 16, 2003 11:24:08 PM

What is up with the fake Oppainter listing.

Oppainter is the captain of the XS team and you have no right to put his name on your lame 3Dmark score. Also the nature score is hacked or bugged. NFW you scored that high in nature when the 3Ghz AMD's or 4Ghz P4 can barely break 150FPS.

Plus the real Oppainters machine is 22k+

Change it and I will refrain from trolling your posts.

<b>"Granted I dont own a P4. But I read enough stuff and waste enough time on forums newsgroups IRC and computer news sites that I proberly know more then if I DID own a P4." -vk2amv</b>
April 17, 2003 2:35:59 AM

When I was working in Compaq I received plenty of furious customers complaining about this. And the answer from Compaq directly is: "...in the user manual we indicate that you should burn a recovery CD yourself if you want to do the system recovery..." but the f**king problem is most of the computers they sold (in my region) didn't come with a CDRW. They deserved to be sued.

You never know how stupid you are until you have done something stupid enough for you to realize it.
<A HREF="http://www.anandtech.com/mysystemrig.html?id=22996" target="_new">My System Rig</A><P ID="edit"><FONT SIZE=-1><EM>Edited by TKH on 04/16/03 10:37 PM.</EM></FONT></P>
a b à CPUs
April 17, 2003 2:42:09 AM

So basically Compaq says "Burn the fugger yourself, and if you were too cheap a fugger to buy a burner to begin with, fug you!"

<font color=blue>Watts mean squat if you don't have quality!</font color=blue>
April 17, 2003 7:57:21 AM

Come on ... This is ridiculous ...

I for myself own a Compaq. An old one, I admit. Yes, it also has the BIOS-partition on it's first HD. Ow my god! :eek:  I lose 30 MB of my 2 GB harddisk! That's a smacking whole one and a half percent! :eek:  Make those 30 MB stand on a modern HD and they aren't but 1/1000 or less of your HD capacity ... Why bother?

With the recovery partition, you might be a little more right. If a one gigabyte partition is reserved for it on a 40 GB HD, it still is only a mere 2,5 %. But actually, why sue them for that? They din't lie to you, do they? You pay for a 20 GB HD, for example, and you get one, don't you? If you're not pleased with that partition there, delete it, and you 've got what you pay for ... Or is it the fact that they deliver you software on HD, and not on a CD why they are sueing? Then, I guess, many, many computer manufacturers would have to be sued, as I guess there always is software installed without you getting a CD of it.

Hmmm ... I guess I'll have to refer to my signature again, just to be sure ...

Greetz,
Bikeman

<i>Then again, that's just my opinion</i>
April 17, 2003 11:06:35 AM

Refer to my last post you'll see why. It is even more ridiculous to sell a system without the recovery CD in such company. How do you gonna tell your customer that "my system needs a recovery CD to re-install the pre-install OS and software, but you have to burn your own copy. What? your system doesn't have a CDRW, then buy one you stupid... oh, you want our technician to do it for you, well software problem is not covered under warranty so we gonna charge you and that ain't gonna be cheap." And believe it, this is how the Compaq answer to its customer, and as a saleman/technician I don't have the choice but to say the same thing.

You never know how stupid you are until you have done something stupid enough for you to realize it.
<A HREF="http://www.anandtech.com/mysystemrig.html?id=22996" target="_new">My System Rig</A>
April 17, 2003 12:26:24 PM

Maybe a more precise formulation of my question around this is necessary:

What law do they break?

Ok, it is not a nice thing to do, but it will take those lawyers a lot of effort to convince me that Compaq did commit a crime of some sort ... If I were to follow this thing, of course (which I won't, for the record ...)

Greetz,
Bikeman

<i>Then again, that's just my opinion</i>
a c 99 à CPUs
April 17, 2003 1:45:40 PM

Crash I see theres some opposition here, but I thoroughly agree with you, and just because some lucky ones have had no problems yet, doesn't mean they won't, but then they'll be singing a different tune.

<b><font color=purple>Details, Details, Its all in the Details, If you need help, Don't leave out the Details.</font color=purple></b>
April 17, 2003 2:10:04 PM

Sometimes a law suit doesn't neccesary mean violating the law or regulation. Remember those ppl who sued McDonald? What law did McDonald violated? McDonald got sued because a bunch of stupid fat guys who had increased risk of cardiovascular disease and they claimed that McDonald should have told them that eating at McDonald is not healthy. :) 

You never know how stupid you are until you have done something stupid enough for you to realize it.
<A HREF="http://www.anandtech.com/mysystemrig.html?id=22996" target="_new">My System Rig</A>
April 17, 2003 3:38:54 PM

Fugger, AMD_me's benchmark was run at 640x480x16, and 16 bit z-buffer depth. It makes sense that his nature score is so high because all the others are more or less cpu limited on high end systems and the resolution change doesn't affect them much. Hell, I score better at default settings (1024x768x32, 24 bit z) on all tests except nature.
April 17, 2003 4:10:26 PM

Compaq/HP is now laying off 25% or more of the manufacturing employees so another compay(Foxconn) can come in and build the computer for less money than what Compaq can build them for. Which tells me that the Foxconn employees will be getting paid less than what we are right now. Were guessing around $7/hr. The killer is that Compaq had used Foxconn in the past to build them and dropped them because of quality issues. WTF! I get laid off so the big wigs can put more money in their pocket.
Granted I would NEVER buy a compaq. I know how they are built and what components are used in them. I saw a pcmark score from a 2.4ghz computer and it was way less than my 1.4 ghz computer. yes these are for business use but still it should be close to mine.
I just hope I get laid off and get the severance package. That way Crampaq can pay me to look for another job.

To everyone who doesnt build their own, NEVER BUY A COMPAQ OR HP COMPUTER!
a b à CPUs
April 17, 2003 4:42:59 PM

Actually, I'm completely right. You see, I never mentioned that it was a waste of space. So your arguement against me is completely wrong, there's actually a name for that logical fallacy, something about throwing a fish on the trail.

You see, the problem lies in the fact that sometimes DRIVES DIE! Ouch, you lost your BIOS partition. And Compaq's BIOS partition restore doesn't always work right.

Now, that was MY complaint. The one in the record concerns a restore partition. What happens if you loose that? I've gotten bad restore CD's from Compaq also! After spending 1/2 hour figuring out where to order it from, paying $10 for shipping, waiting for it to arrive, and then 1/2 hour more in their forums to figure out a workaround for the installation bug, I had the system up! I charged the customer only $50, based on my $20 software installation fee.

<font color=blue>Watts mean squat if you don't have quality!</font color=blue>
April 17, 2003 5:59:08 PM

You got a point there. I really thought the thing I suggested was the reason why you were so happy about that law-suite (or however you spell that). But I can understand that a crashed HD could indeed cause a lot of trouble. Though for my system I found some disk-images to recover from such a losses on their website. But I guess the modern equivalent of those are the recovery CD's you had to order.

Also, Crash, watch my signature ... And I even referred to it explicitly. Though I might have to apologize for the quite rude formulation of my thoughts. But I went running right before I posted that post. I guess my adrenaline-levels hadn't normalized at that moment ...

Anyway, and that's not directed to Crashman, actually, I think that law-suite against McDonalds is ridiculous, too ... <i>(my sig really is written to my personality ...)</i>

Greetz,
Bikeman

<i>Then again, that's just my opinion</i>
April 17, 2003 6:55:21 PM

When someone purchases software (in this case windows) are they not entitled to have a copy of it on a permanent medium (cd) without having to make the copy themselves? Is there any law about this?

"Don't question it!!!" - Err
April 17, 2003 7:14:20 PM

Basically what I have done with drives going into a Compaq machine or if I wanted to clear of the partitions off the Compaq drive, I would first start with a a DOS boot. (DOS or use a Win Startup Disk.) Do a "A:Format c: /s" to get the system files on after the format. This normally eleviated all of the hassles. I haven't messed around with newer Compaqs because I steer as many people as possible away from Gateway and Compaq. I can't stand either one anymore. It has probably been 2 years since I meesed around with one.




<A HREF="http://www.millionmanlan.com/MMLDefault.asp" target="_new">Million Man LAN 2 is June 25-29, 2003 in Louisville Kentucky... Be there!</A>
April 17, 2003 7:21:06 PM

This might shock you but I got one of the restore CDs for free. I don't know how but they sent it to me. It is one of the models listed in the suit too.




<A HREF="http://www.millionmanlan.com/MMLDefault.asp" target="_new">Million Man LAN 2 is June 25-29, 2003 in Louisville Kentucky... Be there!</A>
a b à CPUs
April 17, 2003 10:45:07 PM

Well, part of the settlement would be that all owners would be entitled to recovery CD's. Free. And if your hard drive fails completely, you need them. Now, I can understand how the guy who payed me $50 to do something he could have done himself had he the skill to navigate Compaqs website, or the recovery CD's, might want his $50 back.

<font color=blue>Watts mean squat if you don't have quality!</font color=blue>
a b à CPUs
April 17, 2003 11:00:23 PM

Yes, software licenses are a lifetime lease. This is how I can legally tell someone upgrading from an OEM system to a homebuilt system to use their OEM license on a new computer, even if they have to borrow a non-customized OEM cd from a friend. As long as they have removed that license from the original machine they have the right to use it on the new machine.

<font color=blue>Watts mean squat if you don't have quality!</font color=blue>
a b à CPUs
April 17, 2003 11:09:49 PM

Doh! They charged me a $10 service/handling charge per disk!

<font color=blue>Watts mean squat if you don't have quality!</font color=blue>
April 18, 2003 4:59:07 AM

Ahh no.
I remember reading somewhere in the windows EULA thatyou can only use a OEM copy of windows with the machine you bought it. I would think it is different for the retail version but the OEM version legaly you cant use it on another machine. Insanely stupid but true.
AREA_51

'It's only when you look at an ant through a magnifying glass on a sunny day that you realise how often they burst into flames'
a b à CPUs
April 18, 2003 5:56:51 AM

Actually you can make it legal by putting the old hard drive in the new machine. You see, what sonstitutes a "new machine" is not clearly defined. You could replace every part in your HP and it would still be considered the original machine. But if you DROP your completely original HP and wreck the case, you can put it into a new case and it's still the "original machine". And of course, if you put your old pre-loaded Dell hard drive in a new machine, you are not required to format the drive, you can use it as is, and fix the configuration in Device Manager! So now, say the following happens:

1.) Your Dell fries a hard drive. You put in a new one. It's now a "Dell" hard drive for the purposes of licensing.
2.) Later, you fry your board. You now need a new board. but you can't afford a Dell board, so you buy an ATX board, case, and power supply. You transfer the other hardware, so it's still the licenced machine.
3.) One by one, the other parts die and are replaced. Since one single part doesn't disqualify the machine, your licence is in tact. But soon, you find you have NOT ONE original Dell part in the machine!

OK, here's another (less extreme) example: You want to upgrade your HP. You buy a standard replacement board. Now, the HP restore disk no longer works! But because it's the same machine except for the board, you still have the license. What to do? Borrow a copy of an original Windows OEM CD, and use your original license! After all, the license is for that machine!

Look at Gateway towers: They are standard ATX. You can put any board you want in them. The license in most situations is a sticker ON the CASE! Put any hardware you want in there, the license is still valid, but the restore CD will no longer work once you replace the board! So you are forced to borrow a standard Windows OEM CD!

<font color=blue>Watts mean squat if you don't have quality!</font color=blue>
April 18, 2003 6:44:15 AM

I did not know that infomation. But you have managed to point out how truly insane some of the things in the EULA are.
AREA_51

'It's only when you look at an ant through a magnifying glass on a sunny day that you realise how often they burst into flames'
a b à CPUs
April 18, 2003 7:16:06 AM

The closest thing I can find to a licensed "part" is the case, simply because so many companies put a sticker on the case. But...you are entitled to replace a damaged case!

Look at the parts OEM License resellers are requiring you to buy, to "qualify" your purchase...a hard drive or a motherboard. At that rate, if you REALLY wanted to play it safe, you'd simply put the old hard drive from your OEM system into the new system as extra storage.

<font color=blue>Watts mean squat if you don't have quality!</font color=blue>
April 20, 2003 6:31:29 PM

Actually licensing agreements aren't legal. How would you feel if you went to McDonalds, bought a Big Mac and after you had paid for it opened it up inside was a notice that this Big Mac is for display purposes only and isn't legal to eat? Then when you try to return it you were told that since it was opened it cannot be returned?

If the license is printed on the outside of the box then it is legal. If there is no way to view the license until after you have paid for the software then it is not legal. It's only legal if you agree to the license BEFORE you pay for the software.

Don't get all excited though as the software is still protected by copyright laws. You can hack, mod and do whatever you want to the software and it all falls under fair use, but you cannot copy, sell copies, or sell your mods. And if you ever do break the license and get caught you'll still need some pretty good lawyers, cause trust me, no software company is about to let all it's licenses be termed illegal in a court of law. They'll try like the devil to let the judge rule that there is an implied license that everyone is aware of before they make the purchase.

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