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Thoughts about winmodems

Somewhat off-topic, but perhaps applicable....

If a modem is a device for MOdulating/DEModulation,
and a "winmodem" turns that job over to the software (Windows),
is that not grounds for a class-action fraud suit against winmodem
manufacturers for marketing them as modems (modulator/demodulators)?

Or are winmodems really doing the mod/demod and Windows just does other
necessary processing?

Just a thought....

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