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Das Capitolin
06-29-2006, 12:43 AM
Western Digital settles capacity dispute (http://www.wdc.com/settlement)
MICHAEL LIEDTKE
Associated Press
SAN FRANCISCO - Western Digital Corp. is offering free software to about 1 million consumers to resolve a class-action lawsuit alleging that its computer hard drives stored less material than promised - a discrepancy stemming from high-tech's different standards for sizing up digital data.

Under the settlement announced Tuesday, Western Digital will give away software designed to back up and recover computer files to anyone who bought one of the company's disk drives from March 22, 2001, through Feb. 15 of this year.

To get the software, the 1 million eligible consumers must register their claims before July 16 at http://www.wdc.com/settlement.

The settlement, approved earlier this month by U.S. Magistrate Judge Bernard Zimmerman in San Francisco, pegs the software's retail value at $30 per copy. Consumers paid an average of $150 for the hard drives covered in the suit.

Besides buying the software for consumers, Western Digital has agreed to pay $500,000 in fees and expenses to San Francisco lawyers Adam Gutride and Seth Safier, who filed the suit last year. The proposed legal fees still require court approval.

Lake Forest, Calif.-based Western Digital believes the suit's allegations are unfounded, but decided to settle to avoid a potentially expensive legal battle, said company spokesman Steve Shattuck.

A similar lawsuit, filed in San Francisco Superior Court by the same lawyers, is still pending against another top disk drive maker, Seagate Technology.

The dispute over hard-drive capacity illuminates the contradictory methods for measuring the bits and bytes that devour a computer's memory.

Microsoft Corp. and Apple Computer Inc., which make the operating systems for most personal computers, use a binary system to measure kilobytes, megabytes and gigabytes while most disk drive manufacturers like Western Digital derive their calculations from the more-familiar decimal system.

That means Microsoft's Windows systems interprets a gigabyte as 1.07 billion bytes - more than the 1 billion bytes adopted by Western Digital and many other hard drive makers.

The difference can add up to a substantial gap between what's promised on a hard drive's packaging and what gets stored on a personal computer.

The lawsuit against Western Digital alleged the company's 80-gigabyte hard drive had an actual capacity of 74.4 gigabytes. If not for that 7 percent shortfall, the buyer could have stored an additional 80 hours of digital music or 5,600 digital pictures, the suit claimed.

Most hard drive makers warn that the storage capacity listed on the package might not be fully accessible. The Western Digital settlement requires the company to include a similar disclaimer within six months after the agreement becomes final.

Bio-Hazard
06-29-2006, 01:54 AM
Gee, I remember reading this somewhere else...........;) Sent in my info for my settelment already.........:)

Kougar
06-29-2006, 02:26 AM
Eh... sometimes I have to wonder. Everyone can get a $30 piece of software, yet the total amount in two lawyer's fees Western Digital agreed to pay for amounted to $500,000....

Is the software any good? I glanced around but didn't see anything about it... :P

Bio-Hazard
06-29-2006, 02:45 AM
I didn't see anything that mentioned what software they were offering up either, but I'll be sure t let you all know if and when I hear back from them, I have 2 qualifing HD in use right now and a 3rd that was just outside the date window.

Kougar
06-29-2006, 10:29 AM
I didn't see anything that mentioned what software they were offering up either, but I'll be sure t let you all know if and when I hear back from them, I have 2 qualifing HD in use right now and a 3rd that was just outside the date window.

Ah, sorry... I read this off the DailyTech feed, thought this covered everything that one mentioned. They at least said it was just some kind of data backup software.

http://www.dailytech.com/article.aspx?newsid=3072 (http://www.dailytech.com/article.aspx?newsid=3072)

After reading the paperwork, here is what everyone wins... never saw a official product name although I didn't pry to deeply... :roll:

6. CLASS BENEFIT

Class Members will be entitled to receive the following: For ninety (90) days following the Effective Date, Class Members who successfully complete the Claim Form prior to the expiration of the Claim Period shall be entitled to download, from the Website, Software with substantially all of the following capabilities and features: data back up; data recovery; a user interface to guide users through each step of the backup and recovery process; ability to execute operations in the background and create full backups without impacting users, applications, or the network; capability to schedule backup scripts and jobs as needed; built-in file filters that allow users to choose which files they want to include or exclude in the back-up; copy files in native file format; restore files/folders from a backup; ability to backup entire system into a backup set, which can be appended at a later date; capability of creating a single or multiple file backup set which the user can compress or encrypt for added security; progressive backup method which only copies new or modified files and allows user to restore their machine to any point in time with a single pass; choice of full, incremental, and mirror backups; ability to duplicate data, including all necessary system files to a secondary hard disk drive’s root level to make a bootable disk; fully scriptable on Windows and Macintosh so that a user can create scripts that force certain applications to close when the backup runs and re-open when completed; if unable to backup an individual file, intelligence to retry that file on the next operation until properly backed up; built-in schedulers that allow users to create automated back-up, duplicate, and restore scripts to meet their needs; detailed log reporting; option of backing up to a disk; protection to ensure that backups do not exceed disk capacity; notification to users regarding successful backups, failed backups, and other relevant information; built-in software compression; encryption algorithm; password protection; data grooming options for disk backup sets; restore option to replace existing files on hard drives only if the backed up files are newer; restore option to restore only files which exist in the backup but have been deleted from the hard drives; duplicate option to replace existing files on hard drives only if the copy on the source disk is newer; selectors for Documents and Settings, Office Documents, Music, Movies, Pictures, Operating System, and Applications; DVD+R DL (double layer) drives and media support; taskbar Icon and hot key backup; catalog files automatically repaired when they become out of sync; supports the following Windows operation systems: Windows 98SE, ME, 2000, XP Pro and Home, NT 4, and Win XP 64-bit OS; supports the following Macintosh operation systems: Mac OS 10.1.5 and later; localized in the following languages: English, French, German, and Japanese; supports local, external, removable, and network hard disk regardless of interface; capable of being saved and re-used by Class Members.

Bio-Hazard
06-29-2006, 02:55 PM
I read that, there's a ton of differant software out there that covers all those points, some good, some not so good. For me to use what they are offering, it has to be better than WinBackup Pro and Diskeeper 10 Pro......................;)

Das Capitolin
06-29-2006, 05:08 PM
Gee, I remember reading this somewhere else...........;) Sent in my info for my settelment already.........:)

I like to share the news with all of the forums I am a member of. Information is knowledge. :grin:

werty316
06-29-2006, 07:38 PM
When you buy a HD lets say 300GB it won't actaully be exactly 300GB but getting a 80GB drive that only has 74GBs is horrible. I didn't like WD after I had a 120GB crash on me after two months and then another crash on me two months later so that makes four months and two seperate HD crashes; I am not sure if I will buy WD again; only reason would probably be their advance RMA system.

Bio-Hazard
06-29-2006, 07:43 PM
WD is all I have in my personal systems, never a problem with them at all. But my wife had a WD in her old Emachines before that died, but I've seen a lot of OEM drives die early, OEM builders put crap in their systems these days.