Of Course: Lawsuits Filed Over Sidekick Fiasco
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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Jane McEntegart is a writer, editor, and marketing communications professional with 17 years of experience in the technology industry. She has written about a wide range of technology topics, including smartphones, tablets, and game consoles. Her articles have been published in Tom's Guide, Tom's Hardware, MobileSyrup, and Edge Up.
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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..Reply -
thatcrazyguy Come on toms reporting lawsuits these days is not even news anymore because everyone and their brother is sue happy.Reply
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...Reply
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 -
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.Reply -
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.Reply
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.Reply
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 ReplyBut 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 filedReply
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.Reply