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Creative Sued for Base-10 Capacities On HDD MP3 Players

Posted by Soulskill on Thu May 01, 2008 11:05 PM
from the basic-math dept.
Dorkz brings news of a class-action settlement from Creative Labs over the capacity of their HDD MP3 players. Evidently they calculated drive capacity in base-10 (1,000,000,000 bytes per GB) instead of base-2 (1,073,741,824 bytes per GB). The representative plaintiff is entitled to $5,000, and everyone else who bought one of the HDD MP3 players in the past several years gets a 50% discount on a new 1GB player[PDF]. They can also opt for a 20% discount on anything ordered from Creative's online store. Creative has made available all of the necessary legal forms. Seagate lost a similar lawsuit late last year.
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[+] Seagate Offers Refunds on 6.2 Million Hard Drives 780 comments
An anonymous reader writes "Seagate has agreed to settle a lawsuit that alleges that the company mislead customers by selling them hard disk drives with less capacity than the company advertised. The suit states that Seagate's use of the decimal definition of the storage capacity term "gigabyte" was misleading and inaccurate: whereby 1GB = 1 billion bytes. In actuality, 1GB = 1,073,741,824 bytes — a difference of approximately 7% from Seagate's figures. Seagate is saying it will offer a cash refund or free backup and recovery software."
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  • the dell dj's are just rebranded creative mp3 players, so are they covered?
  • by pintpusher (854001) on Thursday May 01 2008, @11:18PM (#23271034) Journal
    Completely orthagonal to the whole stupid debate over base10/base2 gi(bi|ga)bytes or whatever....

    I really hate this trend. A corporation loses a case and the punishment is that consumers get to spend more money with them. I fully believe that they will at least break even if not make money on this settlement. WTF. They should be forced to refund everyone who bought one of these players an amount equivalent to the proportion of storage space the "lost".

    I'm a class action settlement "Winner" in my business and my prize? I get 20% off products that are outside my usual purchase contract with the company. How lame is that! They get to keep charging me the same ripoff prices as before *and* I get to spend more money with them. And if I mess up filling out the little coupons, then they are invalid, no recourse. </rant>

  • Innumeracy (Score:3, Funny)

    by Detritus (11846) on Thursday May 01 2008, @11:18PM (#23271040) Homepage
    The court should have awarded each of the plaintiffs a calculator and a boot to the head.
  • by NonSequor (230139) on Thursday May 01 2008, @11:23PM (#23271060) Journal
    When will we computer geeks get over this obsession with binary memory measurements.

    Using the binary units makes referring to RAM capacities easier and makes many other things (storage capacities and file sizes) clumsier to deal with. I suppose that OS internals also use 1024 bytes as a basic organizational unit, but that hardly seems relevant to the issue of whether a file labeled as 8GB should actually be 8 billion bytes or 8.6 billion bytes.

    Everyone around here seems to hate tradition for tradition's sake unless it's a computer related tradition. Congratulations, you've become what you hate and you didn't even realize it.
      • The fact that this thing still lingers in end user software after decades of usability research is two-thirds of what makes this so annoying.

        The other one-third is the people who keep on defending it.
  • Does this mean I can sue Home Depot because 2x4 studs do not measure out to be exactly 2 inches by 4 inches? They are actually 1.5 x 3.5. That's a lot of missing wood.
  • ... upon receiving his $5k, that he should have gotten $5,120 ?
  • Now that I've bought an MP3 player from Creative, I can get a discount on an MP3 player from Creative...
    • Re: (Score:3, Interesting)

      they misrepresented the capacity of their products knowingly, this is a warning to any other company stupid enough to lie like this.
      • Re:50%? (Score:5, Funny)

        by mrbluze (1034940) on Thursday May 01 2008, @11:20PM (#23271044) Journal

        ...they misrepresented the capacity...
        I'm sure they thought they were just being creative.
            • by Z34107 (925136) on Friday May 02 2008, @11:44AM (#23276356)

              "Gibi" is a prefix invented by Wikipedia. For those of you who have been foiled, I supply a conversion chart. [xkcd.com]

              Some people are angry that their precious SI prefixes were usurped. I'd say "understandably angry," but I'm afraid it's not. Memory has been measured in kilo-mega-giga-tera-et al. since at least the time that IBM made PCs, and probably since 5000 years ago when Adam and Eve rode dinosaurs to church every Sunday.

              Case in point: Go to newegg.com's memory page [newegg.com]. See any memory modules sold by the "gibibit"? Consult your motherboard manual; I doubt they'll support a 512 mebibit SDRAM stick, but it maybe, just maybe might support that 512 MEGABYTE module.

              Gibi? Might as well measure memory in millionths of a square furlong chip area times a density coefficient.

              Remember booting any computer made since the '70s? The BIOS POST would always report memory in "K" - which God^H^H^HIBM did not intend to mean metric kirbybits or whatever nonsense.

              Moderators, I humbly suggest modding any "gibi" references as "troll." It's what's right for America!

            • IT has always calculated in powers of 2. The "gibi" nonsense was invented by dodgy salesmen to talk up their equipment.

              Even Microsoft gets it right. I am sitting at a machine with a HDD of 60,011,606,016 bytes. It was sold as 60GB but Windows reports it correctly as 55.8. Why should people be misled because some suit wearing sales wheasel decided to invent a series of rubbish words beginning in gibi?

              We need more court cases until this misrepresentation ends. Have you noticed that flat screen monitor

      • Re:50%? (Score:4, Interesting)

        by iamacat (583406) on Thursday May 01 2008, @11:20PM (#23271052)
        According to the most accepted definition K == 10^3, M = 10^6, G = 10^9, T = 10^12. Why should consumer product manufacturers use definitions only understood by technical professionals, that will confuse their average customer and are unflattering to the product?
        • Re:50%? (Score:4, Insightful)

          by Anonymous Coward on Thursday May 01 2008, @11:31PM (#23271102)
          Because it is part of the trade, and if you don't understand the rules and definitions in the trade tough shit, you should learn them before getting involved.

          Nobody is suing lumber manufacturers because 2x4s aren't 2 inches by 4 inches. Everyone in the trade understands the real dimensions. If you want to get involved in construction you have to learn things like that.
          • One of the very few times a car analogy wasn't the first choice on slashdot.
            • Re: (Score:3, Insightful)

              Yeah, but honestly, everybody ignores the standard bodies on this issue. Does your computer have 512 megabytes of ram or 537 mb? It's very rare that anybody refers to a memory measurement based on a power of 10, and it's obviously going to be pretty unanimously misinterpreted if printed that way on product labeling.

              Printing both clearly would be fine, though.
                    • The fact is after nearly ten years IEC has failed to get their standard adopted by the majority so it loses.

                      You're right, it loses, but it shouldn't. There's no logical reason whatsoever why we should use powers of two, except tradition. If it causes confusion and isn't useful, why keep doing it?

                      It seems a lot of geeks try to "defend" using powers of two, as if it were somehow the "correct" way, without thinking whether or not it is really correct and logical (*).

                      (*)Yes, it makes sense for memory, but nobody's confused about memory either.

                    • Re: (Score:3, Insightful)

                      How can it makes sense for memory but not disks ?

                      On my computer, disks sectors are 512 bytes, and the most commonly used memory block size is 4096 bytes. which is also the block size of my fs. now, what happens if the blocks on disks and in ram are not multiple of each others ?

                      Should I use non-aligned storage in ram when reading the fs or use non-aligned blocks on my hard drive?
                      And how should I calculate the hard drive cache size ? with powers of ten ? And how about DMA ?

                      The point is : connected pieces of h
                    • we should all follow Nintendo, and go with "blocks"

                      If we're going to go down that road, why don't we measure disk space in tracks and cylinders, like the IBM mainframes I work on? :)
                      Screw that... let's go with KLOCs and nibbles.

                    • by smallfries (601545) on Friday May 02 2008, @08:51AM (#23273820) Homepage
                      OK, I'll take that challenge.

                      Most quantities that we measure are base-neutral so we default to base-10 because it is the standard counting system. But when we measure storage we are talking about a volume of information. And information in digital form is inherently binary, both when stored, and when manipulated.

                      So the only base that it makes sense to talk about amounts-of-information in is binary. Hence decades of engineers using the correct, i.e most logical measurements.

                      Now on a tangent, but if I think (way back) to my school days I seem to remember being taught kB, mB and gB. The idea being that the lower case prefix would prevent confusion with SI prefixs. But I'm way too lazy to look for some sort of citation for that, and yes, only engineers would think that reduces confusion.
                    • I thought the standard was "Libraries of Congress" for data measurement!

                      =Smidge=
                    • Ok, just to clarify then: suppose we start using computers that have trits as their fundamental unit. Three states of each "bit", 100 follows 022, three voltage levels, etc. Would it then make sense to count filesizes in base three?

                      Or suppose we use septs: 100 follows 066, seven voltage levels... would it then make sense to count filesizes in base seven?

                      No, of course not. All countables make sense to count in one base, and that base is 10 by convention. Bits, bytes, digits and apples are all countables,

            • Re: (Score:3, Insightful)


              SI prefixes are there to make things simpler. They don't do that in the case of KB, MB, etc. because it has different needs. Only people who lack understanding of what the numbers mean find it confusing, whilst using base 10 is more awkward for those who do know what they mean. Why should technical terms be biased toward those who know less? A very long history of usage determines the meaning of the word and the re-definition came solely from marketing departments deliberately trying to cause confusion to
            • Re: (Score:3, Informative)

              I was under the impression that 2x4s are, in fact, actually 2in by 4in when cut wet, but shrink to the standard size when seasoned.
              Partially true. A 2x4 is rough cut to 2" by 4", then is dried (seasoned) and planed (smoothed), reducing its dimensions to approximately 1.5" by 3.5". The shrinkage due to drying and the material removal due to planing is what reduces the boards to their current commonly-found dimensions.
              • Re: (Score:3, Insightful)

                2x4's are definitely 1.5" x 3.5" as purchased. It's close enough to exact as to not matter (construction grade lumber is not a tight precision material). They -have- to be pretty close to this spec, or the plans won't work out. Framers don't even measure them to check. They've been this way as long as I have built stuff, which is coming up on 40 years.

                Around the turn of the century, a 2 x 4 was definitely a 2x4. I had an older house that used them. However, the studs were still on 16 inch centers.

                I do
        • Re:50%? (Score:5, Insightful)

          by aleph42 (1082389) * on Thursday May 01 2008, @11:32PM (#23271112)
          Because when your OS displays the empty space on your device, it uses powers of 2.

          You don't have to be a "technical professional" if you OSãtranslates for you.
          • by Sycraft-fu (314770) on Friday May 02 2008, @12:17AM (#23271370)
            The metric prefixes predate OSes by a long time and as the GP pointed out, they are very well established. Computers decided to coopt kilo and use it to mean 2^10 instead of 10^3 since they were close. However now that we are dealing with 2^30 vs 10^9, the difference is quite a bit bigger.

            Personally, I think the things like HDs, network gear, and such are correct. We need to use the metric prefixes for base 10 for base 10. If we want to talk base 2, use the base-2 prefixes.
            • Personally, I think the things like HDs, network gear, and such are correct. We need to use the metric prefixes for base 10 for base 10. If we want to talk base 2, use the base-2 prefixes.
              Burn these foul aberrations begotten by the kilobyte! This, my dear IT fellows, is the path of evil and only horrors lurk ahead.

              Computers function in the realm of magic. Behold! 500MB plus 500MB! The sum not a full, but strangely a 0.97 of a gigabyte. The remaining 3 percent gone, - a sacrifice to evil!

              Don't even get me started with base 2. The byte itself is not even a 1, but itself an 8. Thus, the kilobyte is really 2^13 bits, and a megabyte is 2^23. The whole system is ludicrous. This happened because a useful technical shortcut have been kept alive for too long, and made its way into the real of the end-user.

              Stop this madness and see the light of the network engineers. Behold! The wonder of the Mbps. 1Mbps is a wonderful, intuitive 1,000,000 full bits per second. This is stuff I can explain my mother - and she'll understand.
            • Re: (Score:3, Informative)

              The metric prefixes predate OSes by a long time and as the GP pointed out, they are very well established. Computers decided to coopt kilo and use it to mean 2^10 instead of 10^3 since they were close.

              Even computers didn't do this at first. The first computers with storage capacities large enough to bother with prefixes used base 10 units. The first ever hard disk drive (IBM 350) had a capacity of five million characters. 5 MB, base 10. That was consistent with the units used by the machine it was built for (IBM 305 RAMAC), which had a 3500-character drum memory, plus a 100-word core memory buffer. Notice, all multiples of 10, not two.

              The first computer to seriously use base 2 in its memory sizin

                • You aren't used to how things are done around here (the world), are you?

                  If we say the Queen of England is Kylie Minogue, she better damn well be, because that's who we'll be signing treaties with.
                • WTF does it have to do with Americans? I'm not an American, I'm Russian. I don't know anyone here who would strongly believe that kilobyte is not 1024 bytes. In fact, most local books of a "Learn to use PC in 7 days" kind explicitly state that kilobyte = 1024 bytes. Metric doesn't have anything to do with it - yes, it was used for a long time for SI units, but byte is not a SI unit! And, for as long as byte was used as a unit of measurement, "kilobyte" has meant "1024 bytes" for the majority of users, like it or not.
            • Re: (Score:3, Informative)

              Yeah, 32 bit OSes can't see the full 4GB due to the way memory addressing works. Check wikipedia or something for more info.
                • Re: (Score:3, Informative)

                  No, 32 bit OSes can address 4GB TOTAL memory, that's including graphics RAM and various caches. Thus, the total RAM addressable by a 32 bit OS is somewhere around 3-3.5GB depending on the configuration of the computer.
                  This forum post explains it in greater detail, people were asking this so often that they eventually just stickied the post. http://www.maximumpc.com/forums/viewtopic.php?t=71236 [maximumpc.com]
      • Misrepresented? - I thought this had all been settled in the early 90's and the entire industry knew it was base 10. To emphasise this point can you (or anyone else) find a HDD manafacturer who still advertises in base 2?

        I don't think anyone is lying and I'm not sure who's 'stupid' here, is it the courts, the plantifs, or the manafactures? In any case uninformed is a much better word to describe leagal pedants who complained.
    • Of course it's different. they haven't been sued yet.
        • Seagate settled and it was a class action suit. If you havent made any claims against the class action settlement, you are also free to sue Seagate for the same reason.
    • Creative didn't rip anybody off, but some snarky lawyer thought he could make some legal fees by suing them for using standard definitions.

      So they decided to make some lemonade and sell some units.

      Not losing much is only fair when they didn't do anything wrong to begin with.
      • These definitions haven't been 'standard' in this industry for over half a century now. Just because some storage company's marketing departments have now decided otherwise, does not mean this is legal. Every piece of software including the OS (not to mention all software system requirements, oops!) measures in base 2.

        Companies are unsurprisingly getting sued, and equally unsurprising, are settling these suits as quickly as they can because they know they will lose.

        http://www.betanews.com/article/Seagate_Se [betanews.com]
    • Mebibytes and gibibytes will NEVER catch on. The geeks would have to spearhead something like this, and they never will because the words sound stupid and you sound stupid and unprofessional using them.

      Storage makers ALWAYS label their products as base-10 amounts.

      My 74GB WD Raptor HDD is 69.2 GB. They are getting sued because for 40-60 years now, maybe longer, storage/ram etc in computing has been base-2 (it being a binary system). Now they are switching to base 10 because they can advertise a higher space
      • Re: (Score:3, Interesting)

        Mebibytes and gibibytes will NEVER catch on. The geeks would have to spearhead something like this, and they never will because the words sound stupid and you sound stupid and unprofessional using them.

        Except for those geeks who think that sticking to ambiguity because the unambiguous prefix doesn't pass arbitrary coolness standards is unprofessional. "I don't support it because the name isn't cool enough" is not a best practice.

        Even though when talking I still use "megabyte" for both MB and MiB (prefixin

    • I remember Iomega's settlement for the click of death was "Sorry, we built a poor quality product that was supposed to back up your data, but lost it instead. How about you buy another product from us at a reduced priced"

      Give a check for $3.50 instead, but don't give me a discount on the same manufacturer's products.

      I haven't looked lately, but I thought a lot of manufacturers used GB*.
      *GB refers to 1,000,000,000 bytes. on their packages.
    • If something says a file is n GB then in a just and reasonable world the actual size of the file would always be a 10+int(log n) digit number that is closer to n*10^9 than it is to (n+1)*10^9 or (n-1)*10^9.

      I do not think I am unreasonable for expecting this and by extension, I believe that you are unreasonable for suggesting that this should not be so.
    • It's like going to buy a TV, but you get home to find that the seller didn't sell you a television, but the letters T and V printed on a bit of paper in a box. Sure, technically they described what it was correctly, but they're still ripping you off.
    • Re: (Score:3, Insightful)

      A gigabyte is exactly one billion bites, hence the name "Giga".

      Um, no. A kilobyte is exactly 1024 bytes. It's "close enough" to 1000, hence the term "kilo". Why bother making up a whole bunch of new prefixes when there's one that already exists, especially given that it's blindingly obvious that the original meaning makes no sense in context?

      Since measurements are conventions of man to begin with, they mean what people define them to mean. The original definition of kilobyte was 1024, since 1000 bytes i
    • Re: (Score:3, Insightful)

      Here's a nice idea: State what you mean on the box. "2TB (SI)" Drive manufacturers and the like will still use SI kilobytes for the sake of larger numbers, but at least we can all stop arguing about this stuff and put that suing power to a better use. Also, I will never ever say 'tebibit' aloud.
    • Byte me. (Score:4, Insightful)

      We have an SI standard for this nomenclature now. No matter what idiot lawayers want to argue they can't deny the fact that GB is defined for base-10 usage and GiB is base-2.

      Given that even people who are advocating this obscure terminology can't get it right (it's IEC, not SI, that defined this standard, and if you want to use SI units, you should be calling them "Octets" not "Bytes"), and that virtually nobody (not even the drive manufacturers) actually uses it outside legalese and fine print, I think you are making unreasonable assumptions and unreasonable demands.