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The Courts Government Media News

Samsung Sued Over "Defective" Blu-ray Player 222

Anneka notes that, although both Netflix and Best Buy threw logs on HD DVD's funeral pyre today, things are not all going Blu-ray's way. A Connecticut man is suing Samsung, the maker that brought the first Blu-ray players to market, over its "defective" BD-P1200 player. The lawsuit seeks class-action status. The problem is that the Samsung BD-P1200 is a "Profile 1.0" player that can't play some Blu-ray discs and Samsung has no intention (or ability) to upgrade these players via firmware. Quoting Ars: "The meager requirements of the 1.0 profile mean that Blu-ray players which fail to implement the optional features won't be able to take advantage of picture-in-picture, which requires secondary decoders. 1.0 players are also unable to store local content, lacking the 256MB of storage mandated by the 1.1 profile. Profile 1.1 discs should still play on 1.0 players, however, but the extra features will not work."
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Samsung Sued Over "Defective" Blu-ray Player

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  • by Koiu Lpoi ( 632570 ) <koiulpoi AT gmail DOT com> on Monday February 11, 2008 @08:33PM (#22385964)
    There's a reason we call it the bleeding edge - because it cuts you. And you bleed. It's much like new software - I won't touch a new OS or game until it's had at least one patch or service pack.
  • by _merlin ( 160982 ) on Monday February 11, 2008 @08:36PM (#22386010) Homepage Journal
    I don't see the problem. It's a Profile 1.0 player, and it gives the user all Profile 1.0 features. It does what it says on the box. It will play Profile 1.1 discs - you can still see the video and hear the audio. Since Profile 1.1 requires additional hardware (like the 256MB local storage), it isn't possible to update a Profile 1.0 player with new firmware.

    Think of this another way: I have a MacBook with a Core Duo CPU. It's a 32-bit x86 processor with SSE3. It will run OSX 10.5 Leopard in 32-bit mode, but 64-bit features won't work, and 64-bit only applications won't run. Should I go and sue Apple for selling me a defective product? Should I demand they give me an update? It's not like a new EFI ROM will turn a 32-bit chip into a 64-bit one, either.
  • by Kazrath ( 822492 ) on Monday February 11, 2008 @08:39PM (#22386046)
    How is this a fault of a manufacturer? Especially one that is not the creator of the Blue-Ray disk. Samsung made a hardware platform with a current drive and the technology improved and the old system cannot be upgraded. Why not sue every HDD manufacturer then? My old IDE drive won't work with my new motherboard. I cannot get firmware updates and the connectors are all wrong!

    These frivolous lawsuits need to stop. They really need to start tossing these people out on there asses or pressing some criminal negligence charges against them.

  • by iamacat ( 583406 ) on Monday February 11, 2008 @08:45PM (#22386122)
    The only market segment decided so far are people who are willing and able to pay $600 for a high-def player or a game console. Apparently HD-DVD captured an even smaller mind share, but $150 players are only a recent phenomenon and it's effect on the market remains to be see. If and when Blu Ray players are available for under a hundred bucks and titles are around $25 we can talk about having a winner.
  • Devil's Advocate (Score:3, Insightful)

    by Tuor ( 9414 ) <tuor.beleg@gTWAINmail.com minus author> on Monday February 11, 2008 @08:46PM (#22386136) Homepage
    One important thing to remember is Joe Consumer doesn't know or care about 1.0, 1.1, etc.

    Unless they're changing the name, ol' Joe is going to get upset when it doesn't work like it says on the box. Joe is used to auto recalls and static products, and I think BluRay forgot that in their little war to win the format.
  • by MBCook ( 132727 ) <foobarsoft@foobarsoft.com> on Monday February 11, 2008 @08:49PM (#22386178) Homepage

    Frankly, I wouldn't mind seeing these companies getting a slap on the wrist for a changing definition of what Blu-Ray is by changing the profile but not making the differences obvious (it's a little tiny box on the back of a case).

    That said, sounds like the guy has a case to me. Read this part:

    At issue are some significant title-compatibility problems with the player. In his complaint, plaintiff Bob McGovern says that a number of movies he purchased after buying his BD-P1200 wouldn't play on the device. He also accuses Samsung of failing to offer firmware updates to remedy the problem, saying that the consumer electronics giant "does not intend to provide future firmware updates or otherwise repair" the problematic player.

    As one of our readers pointed out via e-mail, the P1200 has a checkered reputation when it comes to hardware reliability. A massive thread in the AV Science forum is filled with numerous complaints about the player. "I have had the BDP 1200 for 7 weeks. Not a finished product," reads one post. "Should not have been brought to the market until it was fully beta tested. Would not play Blu-ray Weeds. Was told needed updated software."

    It was defective. It sounds like the bought a DVD player (let's pretend) that wouldn't play a good percentage of DVDs. Not "doesn't play every neat feature". Not "doesn't support 12.16 theatrical sound". Just plain "won't play". They could fix it with a software update, but they don't seem to want to.

    That part is bait-and-switch. He bought a player that should play any good Blu-Ray movie (possibly san-extras). It won't play many of them. Either all those movies are defective, or the player is. If it is the player, he was ripped off. At the very least, they should have replaced his player with something that would play movies.

  • by stratjakt ( 596332 ) on Monday February 11, 2008 @09:03PM (#22386314) Journal
    PS2 games carry the DVD logo and they wont work on just any DVD player!

    This lawsuit is so silly it's not really newsworthy. Probably some amateur lawyer who looks at the legal system as his own personal, free lottery ticket.
  • by Major League Gamer ( 1222016 ) on Monday February 11, 2008 @09:05PM (#22386344)

    It can't possibly win.

    After reading the court papers [courthousenews.com], paragraph 5 states that the nature of the case is that Samsung was aware the player was defective, however if you look at the conditions provided by SONY, the system met ALL profile 1.0 standards and is not defective. Due to this wording alone the claim is damaged.

    Paragraph 7 says that selling thie Blu-Ray player cause injury(not physical) to the plaintiff. What injury, the world knowing how much of an ass-hat he is? Obviously this is completely trumped up and any self respecting judge would not even consider ruling in favor of the plaintiff.

    In the factual allegations, it is never stated that Samsung claimed that all Blu-Ray disc profiles would work on this system. Most of the 'factual' allegations are merely ripped from the Blu-Ray advertising that is put out by Sony, in regards to storage capacity and picture quality. I didn't see anything at all about picture in picture claims made by Samsung. If no claim was made by Samsung then I don't see a case.

  • by themacks ( 1197889 ) on Monday February 11, 2008 @09:10PM (#22386394) Homepage

    ...but that comes with being an early adopter.


    Why should it? If he bought something marked that it plays Blu-Ray it should play any media that is also marked Blu-Ray, regardless of when either was bought. Just because it was the first player to market doesn't make it exempt. If they change the spec they should change the marking to at least show that the two aren't compatible.
  • by Khyber ( 864651 ) <techkitsune@gmail.com> on Monday February 11, 2008 @09:12PM (#22386426) Homepage Journal
    "And then I want to see Sony get slammed for selling "CDs" that won't play in some CD players because the Sony CDs have DRM that's not part of the "CD" spec."

    Do you see any of these logos [google.com] on the front or back paper inserts, on the OUTSIDE of the case (not inside, as in after opening the case,) SPECIFICALLY the one that says Compact Disc Digital Audio?

    If you don't see the CDDA, then it's safe to assume that the CD does not follow the CDDA format, and therefore has DRM. CDDA does not have provisions for DRM, and any disc carrying DRM, or is 'enhanced' (extra data track after audio tracks included) may not display that logo on the case. The actual part that holds the disc in the case will just have the plain Compact Disc logo most often.

    If you have any discs that display the CDDA logo and they have DRM or any 'enhancements' for our computer, the maker of that disc is in violation of the rules that Phillips set forth in specifying the format. You should immediately notify them of the breach of contract between the music company that made the discs and Phillips. And you should probably go ahead and lawyer up, because once you stir up the snake nest they're gonna come crawling and biting at your ankles.
  • by toleraen ( 831634 ) on Monday February 11, 2008 @09:19PM (#22386494)
    Bad analogy. Not that this one is much better, but this would be like buying a TV that claims it plays digital broadcasts, but then doesn't play ATSC broadcasts. If the manufacturer didn't implement the BD+ properly in their player, it's not the content providers fault that the player doesn't process the BD+. Just like it's not your local NBC broadcaster's fault that your TV doesn't properly display ATSC, even though it might work with DVB/T just fine.
  • by jmorris42 ( 1458 ) * <{jmorris} {at} {beau.org}> on Monday February 11, 2008 @09:25PM (#22386576)
    > ..but $150 players are only a recent phenomenon and it's effect on the market remains to be seen.

    I suspect the $150 players were the result of the retail channel seeing what was happening and deciding that the Xmas season was their last chance to unload inventory that was about to be worthless. Add in a little inside info paranoia and deliberate postponing of the studio shifting, etc to allow retails time to dump and things make a lot more sense.

    Everyone knew that only one would survive and at the first hint that the market was picking a winner the desire not to be left holding a big stack of dead inventory created a huge bandwagon effect. If I had to guess it was the PS3 finally starting to sell as the price dropped. It became obvious there was soon going to be far more BD players just on the strength of the PS3, one studio flips camps (actually just stopped doing both) and it snowballed. At this point I doubt even Sony can manage to snatch defeat from the jaws of victory.

    Me, I haven't even bought a HD set yet and haven't owned a console since the 2600. Waiting for the pricing to plateau out, no sense getting in a hurry to go HD just to be able to pick from a few dozen crap/blockbuster titles. :)
  • by BosstonesOwn ( 794949 ) on Monday February 11, 2008 @09:29PM (#22386622)
    While I agree with you , I do feel for the folks who bought these players when they were $600 + , there is no reason that features should have been missing from the players when they came to market. HD-DVD doesn't have this problem , wonder why ?

    These companies need to stop doing this. People need to stop accepting the planned obsolescence excuses and realize they are milking us. These players should not have "versions" or "profiles" make it a single deployment standard and stop trying to add features the competition already has. They should have added those in the beginning.

    Im just getting tired of seeing folks who bought in early getting porked by companies like Sony and Microsoft. I understand software revisions. And I don't mind it, but why are vital things like a second decoder not in the spec to make it at least upgradeable. Or even just disabled until a special disc is put in to flash the firmware to activate it ? I am tired of us folks paying to be alpha and beta testers for the corporations.
  • Re:Is it just me? (Score:2, Insightful)

    by Anonymous Coward on Monday February 11, 2008 @09:40PM (#22386746)
    I don't think it matters. Unless a new format comes out that is just as cheap and powerful we all lose due to DRM.
  • by ncohafmuta ( 577957 ) on Monday February 11, 2008 @09:57PM (#22386890)

    I personally think this lawsuit is totally bogus. You can't sue a company for failure to provide features that you think SHOULD be in a particular revision.

    Case in point, I'm wondering if the people that buy draft-N wireless gear now are going to cry fowl when the real N standard gets certified with extra features?

  • by tepples ( 727027 ) <tepplesNO@SPAMgmail.com> on Monday February 11, 2008 @10:22PM (#22387124) Homepage Journal

    It only fails because most free software projects are in a constant state of development, thus my model has no initial stable release for which to base it upon. Then again, I meant to imply that I was only talking about major pieces of software, and sadly, free software occupies very little of that space for me.
    Linux, Apache, MySQL, Perl, and SLASH are free software. You are running all of them on Slashdot's server when you read this comment. I am running all of them, plus Firefox (also free) on my Windows PC, when I submit this comment.
  • Yet another reason (Score:1, Insightful)

    by willbry ( 1209876 ) <william,bryson01&gmail,com> on Monday February 11, 2008 @10:52PM (#22387412)
    to NOT be an early adopter of new technology. No Blu-Ray or HD DVD here, just a sweet 1080p with a quality DVD upconvert player (http://dvdupconvert.wordpress.com/ [wordpress.com]) so I can enjoy my existing DVD collection.
  • by Koiu Lpoi ( 632570 ) <koiulpoi AT gmail DOT com> on Monday February 11, 2008 @11:22PM (#22387638)
    I'm "running them all"? No, Slashdot's servers are. Were I running servers, it might be a different story. Then again, which of Linux, Apache, MySQL, Perl, and SLASH can be called "bleeding edge"? All of them are very mature products, having gone through several release cycles. It's no wonder then, that they're being used, instead of the bleeding edge. Pointing out that they're being used doesn't show how I'm using Open Source, only that a website I'm on does. Not that it matters, because we're talking about bleeding-edge adoption, not open-source usage.

    I recommend you read what the context of my post is before pointing out what's wrong about it.
  • by wvmarle ( 1070040 ) on Tuesday February 12, 2008 @12:44AM (#22388240)
    Here I for one totally disagree.

    For a start: my laptop has a 10Mbit Ethernet port. Now 100 Mb is standard, and 1 Gb available. Is there any reason why I should expect my laptop to get a free upgrade? I don't think so.
    Do I have reason to expect it is compatible with 1Gb networks? Maybe. Albeit at a lower speed. Same for these BluRay players: they were up to standard when sold, and are now the newer disks still play - without the new features of course. Why should the old player get a free upgrade? No reason for that.
    People should buy products (hardware, software, whatever) based on the CURRENT feature set. Not based on promised upgrades, that is a nice extra but not relevant.

    Wouter.
  • by BosstonesOwn ( 794949 ) on Tuesday February 12, 2008 @01:26AM (#22388530)
    There in lay the issue , the network works backwards. A 10 mbit lan card works on 100 and gigabit , it's in negotiation. These players are failing to play newer movies.

    It's more like saying that your nic is rejecting cat6 because it is newer then cat5e. It's just not right.
  • by Technician ( 215283 ) on Tuesday February 12, 2008 @01:31AM (#22388566)
    And I don't mind it, but why are vital things like a second decoder not in the spec to make it at least upgradeable. Or even just disabled until a special disc is put in to flash the firmware to activate it ?

    The article mentions that there isn't enough RAM for a paticular decoder to operate. There isn't a single software upgrade that can get past the lack of the physical memory. The boards in most of the players isn't laid out where memory can be just plugged in. A small run to produce new boards and the labor cost of a recall for a board swap is cost prohibitive. The early production run did not have the 2nd decoder built-in because the spec was probably still being finalized. There were no discs out at that time to even verify the decoder would work if it was installed at that time.

    This is much like the early days of UHF TV (I'm old enough to remember) when the FCC mandated 82 channel reception. Many sets shipped with UHF tuners that didn't function. Several years later, the failure was noticed when the first UHF sets went live.

    This is why I didn't buy a flatscreen with a tuner before the local broadcasters were on the air. I waited until after the signal was established.

    If the company was ethical, they should have a trade-in program instead of expecting the end user to bite the entire cost of replacement.
  • by Eivind ( 15695 ) <eivindorama@gmail.com> on Tuesday February 12, 2008 @04:01AM (#22389302) Homepage
    Or more precisely: If you don't like stuff breaking on you -- stop VOLUNTEERING as a beta-tester.

    Everyone who hasn't been living under a rock KNOWS that buying the latest-and-greatest new bleeding-edge standard before it is established in the marketplace means:

    a) There's a significant chance that it'll be obsolete in 3 years because some other standard ends up owning the game.

    b) There's a 100% chance that you're paying a MUCH higher price for a MUCH poorer product, compared to those who wait a bit.

    c) There's a significant chance that your product has bugs, shortcomings, problems.

    d) There's a significant chance that the standard will fluctuate, so by the time it solidifies, your gadget is no longer fully compatible.

    It's not as if any of this is news. Furthermore, much of it is unavoidable: If a producer elected not to bring products to market until these things had settles, they'd be handing their market-share to the competitors.

    If you don't like this deal, there's a simple cure: Wait a year or two *THEN* buy any random high-def video-player. It'll cost 1/3rd what it costs now, or less, it'll work better and it'll support the stable version of the standard.
  • by Anonymous Coward on Tuesday February 12, 2008 @06:09AM (#22389918)
    The analogy is broken; in your case the original hardware still interoperates properly with the new design. Besides, with DVD players, the analogy's different. People EXPECT their player to work into perpetuity/obselescence, and they don't expect it to be broken within a year of buying it because the standard is in flux like Blu-Ray currently seems to be.

    What if you bought your Xbox 360 or PS3 and they suddenly decided to add a new feature halfway through the life cycle that meant only people who bought the newest hardware could play modern games? It's still a 360/PS3, but now it can't play modern games that use the same brand name on the box?

    How is your average consumer going to understand this? I bet there's a lot of people out there who don't 'get' HD-DVD vs. Blu-Ray already, what hope is there of HD-DVD/Blu-Ray 1.0/Blu-Ray 1.1/Blu-Ray 2.0? They seem to be shooting themselves in the foot and yet, as always, they're positioning themselves as the winner of the long game despite their decisions.

    Just once I'd like to see some hubris go Sony's way and they have a crashing failure for their approach to these things.
  • by Anonymous Coward on Tuesday February 12, 2008 @06:52AM (#22390108)
    Well, i'm going to sue Apple, because I know they are going to bring out OSX 10.6 in the future and yet they are still trying to get me to buy 10.5! And they know it! Honda want to sell me a hybrid car, but I know they are going to bring out a better one in six months! Must... Litigate...

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