June
Behold, the power of a scary-sounding letter from a lawyer! Paul dropped his Kindle 2 and it broke. Amazon wanted $200 to replace it. Instead, they replaced it and gave him an additional $200. Damn, son!
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:
Pretty awesome. Just goes to show that if you put your somewhat-unreasonable request in an official-looking form and also threaten to sue, big companies will be happy to toss a token amount of money your way to make you go away. [Consumerist]
Google Grows, Yahoo & Bing Decline
Source: http://feeds.marketingcharts.com/~r/marketingcharts/~3/eGi2lbpaZDQ/
Google accounted for 71.08% of all US searches conducted in the four weeks ending Oct. 3, 2009, while Yahoo Search, Bing and Ask.com received 16.38%, 8.96% and 2.56%, respectively, according to an analysis by Experian Hitwise.
Despite a significant challenge from Bing since the alternative search engine’s introduction in June, Google’s share of search increased [...]<img src="http://feeds.feedburner.com/~r/marketingcharts/~4/eGi2lbpaZDQ" height="1" width="1"/>
Bing is bigger than CNN, Digg, Twitter? Not so fast!
Compete shows that Bing’s unique users in June 09 is bigger than Twitter, CNN, and Digg.
This is not because people are voluntarily going to Bing.com. It is because Microsoft redirected all traffic from live.com and search traffic (results pages) from msn.com to bing.com.
This is what it looks like when a site changes domain names and redirects all rtraffic from the old site. By next month Compete will show the same “X” for Live.com vs Bing.com
Already starting to see the decline of traffic from live.com which is entirely redirected to bing.com
What is Web 3.0? Characteristics of Web 3.0
2009 06 16 What Is Web 3.0 – Presentation Transcript
- What is Web 3.0? Dr. Augustine Fou June 16, 2009. June 16, 2009.
- Evolution of the Internet microprocessor 40 yrs 10 yrs 20 yrs 5 yrs present web internet 2.5 yrs social networks e-commerce 1.5 yrs Web 1.0 Web 2.0 Web 3.0? June 16, 2009.
- Evolution of the “Web” content commerce search social networks social content social search social commerce As each stage reaches critical mass, the next stage is tipped into present June 16, 2009.
- Key Characteristics present web 1.0 web 2.0 web 3.0
- Speedy
- more timely information and more efficient tools to find information
- Collaborative
- actions of users amass, police, and prioritize content
- Trust-worthy
- users establish trust networks and hone trust radars
- Content
- content destination sites and personal portals
- Search
- critical mass of content drives need for search engines
- Commerce
- commerce goes mainstream; digital goods rise
- Ubiquitous
- available at any time, anywhere, through any channel or device
- Individualized
- filtered and shared by friends or trust networks
- Efficient
- relevant and contextual information findable instantly
June 16, 2009.
- Illustrative Examples – retail/shopping present web 1.0 web 2.0 web 3.0
- what friends bought or want to buy
- drag-to-share items which friends know friends are looking for
- item collections
- value in the aggregation
overstock.com amazon.com FB app: MyFaveThings
-
- contextual reviews
- reviews of reviews
- what others bought
- individualized recommendations
June 16, 2009.
- Illustrative Examples – social networks present web 1.0 web 2.0 web 3.0
- aggregates all your online identities
- syndicates all your updates to all social networks
- social actions visible to friends
- trust networks across geography, time, and interests
- collection of personal homepages
geocities.com facebook.com peoplebrowsr.com June 16, 2009.
- Illustrative Examples – restaurant reviews present web 1.0 web 2.0 web 3.0
- Yelp content vetted through a user’s trust network and individual recommendations made based on situation and need, in real-time
- user submitted reviews
- related items based on similarity of user preferences
- infrequent publication
- centralized editorial control
zagat‘s yelp need reco for great Italian + GPS + Yelp 5-star Babbo, been there, love it June 16, 2009.
- Illustrative Examples – photos present web 1.0 web 2.0 web 3.0
- real-time, contextual “do you like this knit shirt?”
- friends give immediate feedback
- share photos with friends and strangers
- enable visitors to tag and comment
- individual albums
kodakgallery.com flickr.com ? June 16, 2009.
- Illustrative Examples – real estate present web 1.0 web 2.0 web 3.0
- information vetted by fellow users, recommended directly an in context
- listings plus relevant information like school zones, comparable sales, alerts
- listings based on parameters
corcoran.com streeteasy.com trulia iphone app June 16, 2009.
- Illustrative Examples – encyclopedia present web 1.0 web 2.0 web 3.0
- content is ubiquitous and available through any channel or device
- trust network proactively forwards relevant info to user who needs it
- created, updated, and edited (policed) by user actions
- digitized version of printed encyclopedia
britannica.com wikipedia.com chacha.com June 16, 2009.
- Illustrative Examples – online coupons present web 1.0 web 2.0 web 3.0
- coupons delivered contextually and proactively when user needs it (without the user even asking for it)
- instant feedback
- community action makes it more accurate and useful for others
- collection of online coupons – value in the aggregation
dealcatcher.com retailmenot.com June 16, 2009.
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