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Of Course: Lawsuits Filed Over Sidekick Fiasco

By - Source: Tom's Hardware US | B 18 comments

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.

CNet reports that a number of lawsuits have been filed, with one Californian claiming Microsoft and Danger failed to use reasonable care in handling Sidekick owners data and that the Sidekick was falsely advertised.

"T-Mobile and its service providers ought to have been more careful the use of backup technology and policies to prevent such data loss" said the individual's lawyer, according to CNet."We are hopeful that T-Mobile and the rest of the defendants will do the right thing, use this as an opportunity to redesign the system as a new standard for cloud computing storage, and provide full compensation for the data loss."

As you'd imagine there's no shortage of people rushing to the court house, papers in hand. Another suit, filed on behalf of Maureen Thompson "and all others similarly situated," is seeking damages for business contacts lost by Thompson's daughter.

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." 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. Thompson blames the cloud-based architecture and points out the fact that the Sidekick does not have the ability to sync with the user's computer, unlike the iPhone or BlackBerry.

It's unclear how Microsoft's most recent statement will effect these lawsuits. The Redmond-based company today said that it had managed to recover "most, if not all" of the data previously thought to be lost.

For more on the lawsuits detailed above, check out the full story on CNet.

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  • 14 Hide
    Jerky_san , October 15, 2009 3:47 PM
    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..
Other Comments
  • 14 Hide
    Jerky_san , October 15, 2009 3:47 PM
    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..
  • -6 Hide
    thatcrazyguy , October 15, 2009 3:53 PM
    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!
  • 2 Hide
    theramman , October 15, 2009 4:27 PM
    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
  • 0 Hide
    ssalim , October 15, 2009 4:42 PM
    there -> their
    can't help it.
  • 0 Hide
    wildwell , October 15, 2009 4:43 PM
    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.
  • 4 Hide
    Amen2That , October 15, 2009 4:45 PM
    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?
  • -2 Hide
    Amen2That , October 15, 2009 4:45 PM
    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?
  • 2 Hide
    sunflier , October 15, 2009 4:48 PM
    Quote:
    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.
  • 2 Hide
    tayb , October 15, 2009 5:08 PM
    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.
  • 0 Hide
    one-shot , October 15, 2009 5:12 PM
    Everyone want's a piece of MSFT's pie. Seems like there is a new article every other day with a new plaintiff.
  • 0 Hide
    Platypus , October 15, 2009 5:16 PM
    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.
  • 0 Hide
    t33lo , October 15, 2009 5:50 PM
    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.
  • 0 Hide
    jecht , October 15, 2009 8:03 PM
    Quote:
    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? O_o
  • 0 Hide
    seatrotter , October 16, 2009 4:12 AM
    Quote:
    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.
  • 0 Hide
    anamaniac , October 16, 2009 6:34 AM
    They've offered compensation, and apparantly they've gotten most (if not all) data back, shit happens, fucking deal with it.
  • 0 Hide
    cookoy , October 16, 2009 12:16 PM
    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?
  • 0 Hide
    Carson , October 20, 2009 3:43 AM
    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.
  • 0 Hide
    ichbinyogi , October 20, 2009 2:45 PM
    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