One quick question and I'll leave you alone.

Is the CD under warranty (IE is there any notice on the cd itself or the packaging it comes in guaranteeing the quality)?

No.

That means you have no grounds to sue.


Not to mention the fact that the RIAA consistently is allowed to bend the law in their favor, even though they're not a government agency.

quote:

Originally posted by Wretched One quick question and I'll leave you alone. Is the CD under warranty (IE is there any notice on the cd itself or the packaging it comes in guaranteeing the quality)? No. That means you have no grounds to sue. Not to mention the fact that the RIAA consistently is allowed to bend the law in their favor, even though they're not a government agency.

On the face of what has already been described there appears to be little case to answer. The CD sells with specific statutory warranties gauranteed under federal law and many states have other consumer protection laws that require the manufacturers and seller ensure that product are of stisfactory quality as to allow the product to be use for the purpose for which it was intended. New Zealands consumer protection laws are this way too. Lawyers for the CD manufacturers would simply argue that when purchased the CD was fit and that poor handling contributed to the failure. I know its a lame arguement but its a case the consumer would be hard pressed to defend against. While there appears to be little case to answer for this specific CD it would be interesting to see how a class action would fare where the case asserted is that CD manufacturing techniques now greatly increase the liklihood of premature failure, that the manufacturers know this and are using this drive increased sales due to premature failure or are suppressing information that comsumers are being prejudiced by these failures during routine use. The obvoious argument if the latter were found to be true is that going back to the old construction would cost too much and drive manufacturers and labels out of business. Its unlikely because manufacturing costs apparently account for less that 3% of the Cost of goods sold.

At the end of the day
Could he Sue? Yes definitely!
Would he win? Almost certainly not!
Would he affect the Way CD manufacture occurs today? NOPE!
Would a Class Action be any different? Very likely but they are difficult expensive and risky, but the rewards here could be huge!

Phil

Perhaps ask that the CDs actually be made like a fucking quality product again rather than a cash settlement, or begin an internet petition, finally a boycott of CD purchases even, why the fuck should we pay out the ass while they make a piece of shit press that wont last one month, Old CDs take loads of abuse, they are fine, i know this my nirvana CDs heh poor things, dont skip at all, it is pretty hard to damage an older CD, new ones seem to skip after to many fucking reads.

They need to be knocked off their fucking high horse and this may be a concieveable blow, worse case scenario we could argue that if their bullshit quality is to much of a "negative impact on our revenue" then they can kiss our fucking asses as we will pirate the fuck out of music in a boycott effort, I personally use MP3s to sample music, but if that kind of shit is going to go on more fuck buying CDs, i dont buy too many CDs as i spend all my cash on rekkids lolz, but i the price is ridiculous and now adding that, it is a lost cause.

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Peace DigDug

just boycott cd's
and build a turntable in your car

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I have always wondered myself why cd's are not enclosed in a protective housing like a minidisc is ... or why the minidisc did not win the battle in the first place since it is a better medium.

If manufacturers had any reason to improve their product it would probably have happened by now. I thought with the onset of "free music" with Napster, ect .., the industry would be driven to improve their product, but this obviously has not happened. Instead they complain and point fingers and bring lawsuits. It would be a nice change to see the finger pointed back at them ... have them consider for a moment that they coudl actually be the cause of their own problems.

You should do it! RIAA sucks!

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God is a DJ.

they should be sueed for beeing a greedy morons..

I mean those Artists and labels have tons of millions, why more??

really i hope they die burn in hell!! i really hate greedy people

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quote:

Originally posted by Octanesyco Greetings. My name is Casey. You can call me Moose. -Moose

quote:

Originally posted by RJOllos I have always wondered myself why cd's are not enclosed in a protective housing like a minidisc is ... or why the minidisc did not win the battle in the first place since it is a better medium.

minidiscs are clearly better, i would def. spend more money on CDs if they came out in MD format

another thing: sue them

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quote:

Originally posted by arj1o1 just boycott cd's and build a turntable in your car

Would be great - one problem, how do you entice PvD to come along as your own personal jukebox/DJ??? I can imagine it now, like in MIB II - hit a button and AutoDJ pops out, ready to scratch'n'mix.

Seriously, though, I agree that handling could be argued, however I feel that I should be entitled for a free exchange of CD for the same one for the life of the CD because

a) I paid for it and didn't steal it of the net
b) The quality of CD was shit to begin with and after 2 months of use it shouldn't have became unuseable simply because speck of sand got into my CD pouch
c) Why the heck not?

Petition, btw, sounds like a good idea but a nice class-action lawsuit would most definitely knock some sense in RIAA and possibly bring more reasons to re-think current music distribution methods.

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Proud member of the "Filthy Zionist" coalition

maybe send the RIAA a letter first to see if they have an explaination of these dodgy CD quality...That way you'll better understand the case and have something to work with...
And in fact if they say that the cost of production is up blah blah and all that bull shit that youve got soemthing to hold against them

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When we go to parties the most Important factor is the MUSIC... Drugs and all other pretentious shit should come 2nd.
When god created the earth he used Trance to part water and move earth.......Then he created Man and he gave the gift of Trance to the 3 pillars of Trance......Tiesto, Armin anf Ferry)...

but then again if u get no answer its gonna be tough to build a case i reckon because CDs are known to be delicate and youve pretty much said that its your CD player that damaged it???

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When we go to parties the most Important factor is the MUSIC... Drugs and all other pretentious shit should come 2nd.
When god created the earth he used Trance to part water and move earth.......Then he created Man and he gave the gift of Trance to the 3 pillars of Trance......Tiesto, Armin anf Ferry)...