Source: http://www.engadget.com/2009/10/21/samsung-moment-unboxed/
Filed under: Cellphones
Samsung Moment unboxed! originally appeared on Engadget on Wed, 21 Oct 2009 10:35:00 EST. Please see our terms for use of feeds.
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Seriously, how badass is this letter he sent to Amazon?
Paul Gowder
[Address omitted]August 12, 2009
Amazon.com Inc.
Legal Department
1200 12th Avenue South
Suite 1200
Seattle, WA 98144-2734Dear Sir or Madam:
On June 21, 2009, I purchased an Kindle 2 e-book reader from the Amazon.com website. I purchased this device based, in substantial part, on the expectation that it would be reasonably durable. In particular, I expected that it would be approximately as durable as is ordinary in the consumer electronics market.
Amazon.com advertises the Kindle 2 on the basis of its durability. Notably, Amazon.com displays a "drop test" video on the web page for this product. That video displays the device being dropped twice from thirty inches onto what appears to be tile. That video displays a fall with sufficient force that the device visibly bounces, and deliberately creates the impression that the device will function after impacts similar to that sequence of drops.
Despite those representations, the Kindle 2 is far less durable. On July 26, 2009, I dropped a messenger bag containing the device onto the sidewalk, from approximately two feet above the ground. It was dropped only once, and the messenger bag absorbed enough of the shock that nothing else in the bag, including a Macbook laptop, suffered an! y damage whatsoever. (Unlike the drop displayed in Amazon.com's video, for example, nothing actually bounced.) Moreover, there was no visible damage on the exterior of the Kindle 2. Nonetheless, the Kindle 2 became completely unusable, with over 50% of its screen no longer able to display any text.
I called Amazon.com support and was told that, because of the accidental drop, you would not be willing to supply a replacement device under warranty. You did, however, offer to sell a new device at a discount, for $200.00. I took advantage of that offer under protest, and explicitly reserved my rights to bring a claim against you based on the unreasonable fragility of the device and the misrepresentations in your advertising. It is that claim that forms the subject of this letter.
I am prepared to offer an immediate settlement of my claims against Amazon.com for a payment of $400.00. That sum represents the $200.00 replacement fee I paid plus $200.00 to compensate me for the diminution of utility and value of the device as well as of the e-books I have purchased for that device, in light of the fact that the replacement device, too, can be expected to be far more fragile than advertised and prone to destruction under the slightest stress. This offer expires thirty days from your receipt of this letter. If you do not accept this offer, I intend to bring suit either individually, or, if I decide it is warranted, as representative for a class of similarly situated plaintiffs. At that time, I will seek the amount noted above, plus punitive damages under the California Consumers Legal Remedies Act, Cal. Civil Code §1750 et. seq., costs, fees, and such other monetary damages as provided for by law, including without limitation Cal. Bus. & Prof. Code §17200 et. seq., the implied warranties of merchantability and fitness for a particular purpose, and other relevant law.
Also, you have demanded the return of the broken device as a condition to the unreasonable discounted replacement offer which I accept! ed under protest. Your agent has informed me that you will charge my credit card for the full price if the broken device is not returned to you. I am considering seeking a protective order placing that device in the custody of the Court pending litigation. However, should I instead return the device, you are hereby notified that it is evidence in the anticipated litigation to which this letter refers. Should you modify, destroy, or resell the broken device, I will ask the Court to treat that as deliberate spoliation of evidence and make adverse inferences as appropriate.
Very truly yours,
Paul Gowder
And here's Amazon's response:
Source: http://feeds.gawker.com/~r/gizmodo/full/~3/JzhPAuL0CQs/apple-tax-repealed-comparisons-suggest-its-so
Our friends at Laptop compiled a chart comparing the new $999 white unibody MacBook to similarly weighted 13" laptops from Dell, Acer and Samsung within $100. There are tradeoffs, but at least at this price level, Apple fights on even ground, and makes up for lacks (no SD slot, smaller HDD, less RAM) with perks (LED backlighting, multitouch trackpad) and a much longer stated battery life. Feel free to scream it out below, or check Laptop for the full chart and spec rundown. [Laptop]
The biggest strike against the VAIO X seems to be the heat it generates. Luckily, the 6-cell battery raises the laptop off of the user's lap and helps solve the problem. But if you're going to use the 4-cell battery, better bring a heat shield for your legs.
Speaking of batteries, Sony worked some power management voodoo on this thing. According to Laptop Mag's tests, the thing runs for 9 hours and 49 minutes, way longer than the average 6-cell running time of 6 hours and 10 minutes.
Head on over to Laptop Mag to get their full impressions. [Laptop Mag via @mspoonauer]
Source: http://feeds.gawker.com/~r/gizmodo/full/~3/JQnkkYjT598/
It's cost-effective. Yeah, at $260 it's the same price as the Kindle 2, but you're getting so much more for your money: Wi-Fi, native PDF support, an SD slot and that crazy second screen makes it seem out of the Kindle's league. It makes the Sony Reader and iRex look absurdly overpriced and the Plastic Logic Que look like a shot in the dark.
Lending and Sharing. One of my main objections to the Kindle and other readers is that most of my books come from friends, rather than bookstores. The Nook realizes that and integrates a 2-week lending period—plenty of time for a quick read. Plus, you can lend to tons of different devices: Mac, PC, iPhone, iPod Touch, PC, Mac, BlackBerry, or Windows Mobile (soon).
Sharing is also done really! well: A s opposed to the Kindle, which only lets you read purchased ebooks on a same-account iPhone or iPod Touch, the Nook lets you read on any device supported, the most important of which are PC and Mac. So you and your significant other could read the same book at the same time, on whatever devices you each prefer. The Kindle, in contrast, doesn't support PC and Mac at all—but we'd be willing to bet Amazon is rethinking that decision right about now. Plus, the Nook syncs both your place in the book and any highlights or annotations you've made, which could be great for students.
Free in-store reading. You'll be able to take the Nook to any of Barnes & Noble's gajillion stores and read one ebook, for free, each time—the same way you might wander into the store, pick up a book and read it for an hour or two. Barnes & Noble is really thinking about how people actually read, which is a great sign: This kind of feature makes the Kindle feel like it's forcing you to change your reading habits rather than adapting to them.
And potential Nook customers will be able to go into a retail store with which they're comfortable and play around with the actual device, an advantage not shared by the Kindle or any other reader. Given Matt's impressions of the Nook, I think seeing the hardware in person will convince a lot of people to buy it.
Head-turning looks. The Kindle 1 was, um, distinctive, and the Kindle 2 is inoffensive and sleek enough, but the N! ook has legitimate style. As Matt said, "it makes even the relatively benign-looking Kindle 2 seem like it was beaten with an ugly stick." It was clear from the first leak that we were dealing with something very different.
Android. There are two things to be excited about when it comes to Android. First is the legit apps, which B&N seems open to—in today's presentation, John wrote "They, ahem, "haven't announced" anything about app development, but they're comfortable using the phrase "when we do," which is veeeery promising." My personal most-wanted app? Pandora (or Slacker, or Last.FM).
Secondly, there's the more, well, illicit possibilities: The Nook both runs Android (which we already know is easily and enthusiastically modified) and has a microUSB jack, which should make for easy hacking. Imagine user-created skins, apps, games (in case reading gets boring)—the possibilities are just about endless. The Nook already supports PDF natively (yes!) but we could definitely see it hacked to embrace other formats like DOC.
The second screen. Yeah, it's weird, and we wouldn't have believed it if it didn't, you know, exist, but it just makes so much sense: Browsing for books on e-ink is an exercise in frustration, and touchscreen e-ink is even worse. With its capacitive touchscreen, the Nook offers a keyboard and Cover-Flow-esque browsing without the awkwardness and lethargy of e-ink, but it also opens the door for multitasking. You'll be able to read a book and control your music at the same time, and because the music browser will be on the LCD screen, it won't look like e-inked crap. It should also support photo browsing and the ability to set your own wallpaper.
Battery life. The Nook's 10-day battery life may not be quite as long as the Kindle 2's 14 days, but 10 days is still insane—especially if we think about the tablets that will vie to make ebook readers obsolete. Whenever the Apple tablet is announced, you can bet its battery life will be measured in hours, not days. Plus, the Nook's battery is replaceable, always a welcome decision (you could have a spare battery, and when yours does eventually die, it's easy to replace).
Both 3G and Wi-Fi. I'm not exactly sure about the benefits of Wi-Fi right now (besides international travel, where AT&T may not work), but given the possibilities of Android, it's essential that the Nook includes it. In the future, we may want to download files bigger than ebooks—apps, games, videos, whatever—and Wi-Fi will be vital once the potential of the Nook is unlocked. Plus, there could well be Wi-Fi-only features of the kind AT&T wouldn't support: Streaming content, web browsing, VoIP, whatever. Wi-Fi is a killer feature not f! or what it does right now, but for what it could allow the Nook could do in the future.
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