[TheScionicMan]

Fraudulent Misrepresentation "i know it won't be out in 60 days but i'll say so knowing that it's not going to happen"

Negligent Misrepresentation "i don't know what's going on in the qnx department but i'll just make this 60 day promise first"

Fact: none of the promised features came out within 60 days.

You're right, it depends on how the whole thing is spun. If it's former, I believe damages are guaranteed regardless of where the suit is filed.

You conveniently forgot the other option:

No Misrepresentation - we had it scheduled for 60 days, but technical problems caused delays in that schedule.

There's nothing to indicate they intentionally misled anyone, except in a couple of people's heads...

[johnenglish]

you're wrong there. it does make them legally responsible seeing people bought it on the premise that the features would be out within the time frame they promised

No it doesn't. As said earlier, statements made on a conference call are covered by safe harbor clasues. In other words, take anything we say here with a grain of salt; it may or may not happen. Interviews and discussions with CEOs are not advertising, again, it's just statements on what's planned.

Look at the case of the Jaguar XJ220 from the mid 1990s. Jaguar said that the car would come with a V12, AWD, and all sorts of other features. People put down tens of thousands of dollars to secure a spot of the list to get a car.

When the car came out it had a twin turbo V6, was RWD, didn't meet any of the promised perfomance figures, and had a bunch of other changes to it. Understandably people were upset and a bunch of lawsuits were filed. They were all dismissed becuase the corts ruled that the statements from the company are not advertising and are only guidance. If you chose to buy a product based on company statements alone then that's your problem.

[Jean-luc_Picard]

First off: sorry, but if you wanted a PlayBook based on what it can do in a month, why not buy it in a month? That way if the new feature doesn't work the way you want it to you can return it. If you bought the PlayBook because you thought the feature was already available, why didn't you return it when it wasn't? The only way I can see where it's not your fault would be where you need a tablet that can do native email by september, and you bought the PlayBook because you preferred it over the others, and you bought it at launch in order to make sure you're used to the UI by september. Then I personally don't believe you'd really be at fault, but neither would RIM. Also, clearly you weren't doing your homework if you expected the device that couldn't even quite hit the release date of "Q1" could reliably hit any other release date... All of these are my personal opinions, as I'm no lawyer.

Secondly, you did agree to terms and conditions wherein there was a limitation of liability, so right there unless they told you something that was so serious that it's illegal even if you agreed not to sue them over it, you can't sue them. If they happened to tell you that it will have the ability to run windows (as an app), and same with Android, iOS, Lion, Ubuntu, etc., all within the next 3 weeks, garenteed, and then 4 months later it was found out that they never even had plans to do this, then you probably could sue them, but much short of that you won't be able to. Finally, can somebody please give an example where somebody said that something WILL happen by a certain date, not that it might happen or it will happen after DevCon? I can't think of any statements like this, and if there aren't any then there goes your hypothetical case right there.

[rickgainsmith]

Rim has already lost, the court of public opinion has voted with their decision not to purchase. No amount of defending in these forums will help.

Open your eyes fan boys, nit pick the words all you like, perception, reality, it all turns to a guilty verdict. Sentence, poor sales and upset customers!

REALITY!

Posted from my CrackBerry at wapforums.crackberry.com

[Jean-luc_Picard]

Rim has already lost, the court of public opinion has voted with their decision not to purchase. No amount of defending in these forums will help.

Open your eyes fan boys, nit pick the words all you like, perception, reality, it all turns to a guilty verdict. Sentence, poor sales and upset customers!

REALITY!

Posted from my CrackBerry at wapforums.crackberry.com

Reality is that the people who love their PlayBooks are the sane ones who bought the device for what it was, not what it was probably going to be. Because we were expecting what we got, we knew before we got it if we'd like it. Admittedly it's sales haven't been good because almost nobody beyond CrackBerry likes the PlayBook, but if we're to believe the theory that it's only a testing ground for QNX, I'm not sure if it ever was supposed to make it beyond the people who would love RIM almost no matter what.

Posted from my CrackBerry at wapforums.crackberry.com

[bb.pl]

Rim has already lost, the court of public opinion has voted with their decision not to purchase. No amount of defending in these forums will help.
Open your eyes fan boys, nit pick the words all you like, perception, reality, it all turns to a guilty verdict. Sentence, poor sales and upset customers!
REALITY!
Posted from my CrackBerry at wapforums.crackberry.com

What are you talking about ? Reality is blackberry is the best tablet in the world and will also be the best tablet in the moon soon. Also it can do stuff that you can't even imagine that other tablets has or will posses. example - no other tablet has QNX and only wish they did.
Just because something doesn't sell only indicates that man is mortal and makes mistakes and therefore buys other tablets that are not playbook. Also you are assuming that people's expectations are same. That is not the case. Some people wants to have lower expectations that does not overwhelm them so they might find the playbook to be perfect for them. Also it has flash.

[Phil DeLong]

What are you talking about ? Reality is blackberry is the best tablet in the world and will also be the best tablet in the moon soon. Also it can do stuff that you can't even imagine that other tablets has or will posses. example - no other tablet has QNX and only wish they did.

Reality is there is no such thing as "the best tablet in the world". I don't believe the PlayBook is, and I don't believe the iPad is. There are only trends, and trends change.

[the_sleuth]

Thank you JohnEnglish. To lawguyman and qingyuank, the native email, Android player, and other features will arrive in late Oct. or early Nov. Thus, as many observers have stated here, your liable argument won't holdup in a court of law.

Actually the only successful lawsuit, I seen were the ones against Seagate and Western Digital due to printed false specs on storage size:

Seagate settles suit over disk capacity - Neowin.net

No it doesn't. As said earlier, statements made on a conference call are covered by safe harbor clasues. In other words, take anything we say here with a grain of salt; it may or may not happen. Interviews and discussions with CEOs are not advertising, again, it's just statements on what's planned.

Look at the case of the Jaguar XJ220 from the mid 1990s. Jaguar said that the car would come with a V12, AWD, and all sorts of other features. People put down tens of thousands of dollars to secure a spot of the list to get a car.

When the car came out it had a twin turbo V6, was RWD, didn't meet any of the promised perfomance figures, and had a bunch of other changes to it. Understandably people were upset and a bunch of lawsuits were filed. They were all dismissed becuase the corts ruled that the statements from the company are not advertising and are only guidance. If you chose to buy a product based on company statements alone then that's your problem.

[SCrid2000]

I felt this thread would be a good place to link to yet another playbook poll from: http://forums.crackberry.com/blackbe...-forum-654766/