Bug#234556: [Crusoe CMS bug] Getting a CMS 4.5 for your laptop...
On Wednesday 20 October 2004 11:42, Emmanuel Fleury wrote:
> Hi all,
>
> It's a long time that I have started hunting the bug of the Xserver on
> my Vaio PCG-C1MZX and the final result is here:
> http://www.cs.auc.dk/~fleury/bug_cms/
>
> Is it satisfactory ???
>
> I don't think so because the bug can appear in any other software and it
> will start again. Moreover, I know that the CMS (Code Morphing Software)
> 4.4 and 4.5 are not buggy. So, having an update would solve the problem
> at once (and get better performance for the machine).
>
> But, now it is a matter to convince Sony that we really need this patch
> (no need to contact Transmeta because they will just say that it's not
> their business). So, I tried...
Under dutch law it would be the responsibility of the seller
(the shop where you bought it) to sell good quality products,
and if they do not, then you can prosecute them to get your rights.
You bought computer hardware,
and i expect that there was no term in the sales contract that says that
this hardware is only fit for use with some software,
therefore you could not reasonably expect that it would not work with X,
therefore the seller is responsible for having delivered goods that
are broken.
The seller can not reasonably be expected to provide firmware updates
if Transmeta doesnt create these,
he does however have the possibility to exchange the laptop with one
that does not have this brokenness (probably a more modern one).
If the seller were to offer you this,
then you would have to accept a replacement that
has the same value as your laptop would have without the bug.
If the seller does not offer you this,
then the sales contract can be undone, and you get your money back
(the money you have right to get back is
original salesprice * unused fraction of laptop lifetime).
This is dutch law ; however, it also seems reasonable,
so i would not be surprised if the country of purchase had similar laws.
Maybe debian-legal would be interested in this problem.
> We do not confirm any problems for the CPU on the original shipping
> condition, Japanese OS. Thus, we are afraid we do no have an exact plan
> for firmware update.
Thus they intimidated you,
therefore you can not be held responsable for lying to them.
> Changing the OS is 100% on your responsibility, and it would be
> basically out of support except repair work service for hardware
> problem.
Nonsense. they need to deliver non-broken goods.
> My first error was to claim that I had a problem with Linux and not with
> Windows XP.
No, you did it right.
> I love the trick about the "Service Pack 2". :)
The news about "service" pack 2 is probably good for free software,
but it has nothing to do with this transmeta-sony-computershop-you thing.
> 2) Complain about a bug _in_Windows_XP_
You are asking them to become liars.
Also, if the bug is in xp, then clearly it is not responsibility of sony.
They are uncooperative, so it is not easy to get your right.
I think it would be smart to see how strong your legal position is.
If you can not get results through the judicial system
(whether by warning of possibility to sue or by actually sueing),
then it would be right to warn fellow transmeta fans to
not buy this transmeta/sony machine because it is buggy.
Publicity caused by this could be reason for somebody to
do something about it,
but you must not threaten them with destroying their good name ;
Warning them of the danger to lose their good name, however,
would be very correct.
If you let yourself be railroaded into more lies,
it can only harm your case, in my opinion.
The danger that asking others to lie could lead to sony getting a bad
impression of the free software community is not very big,
even if they found your email in debian's public archives.
> My hope is that if enough people are mentioning this bug, Sony will
> decide to ask Transmeta to release an update.
That would be nice if it happened,
but as i understand it even transmeta doesnt exactly know where the bug is.
Plus that they don't want to spend very much money on supporting an old chip;
it might be cheaper for them to
supply all people experiencing this bug with a new laptop.
I dont have a transmeta chip in my pc,
so it is really none of my business,
but i think lying is counterproductive if you have an alternative,
and it is your right to get a good machine.
Just my 2 cents.
I wish you good luck.
Siward de Groot
Reply to: