Re: [SPAM:*] Re: [Digital BW] different Epson law suit
2006-04-15 by Brian Ellis
"EPSON is getting what they deserve on this one" How do you figure that Epson is seriously hurt by this settlement? In order to benefit from the settlement someone has to buy more Epson products. Epson pays nothing out of its pocket, in effect all it's doing is giving a discount (or rebate, for someone electing to receive the $25 check) on future sales, something it often does in the normal course of business anyhow. You can bet your bootie that Epson didn't agree to this settlement without determining that it still will make a nice profit on all these future sales. And note that the sales have to be made from Epson's e store, i.e. from the place where Epson doesn't have to share anything with a wholesaler or retailer. As I see it the people benefiting from this "settlement" in order of benefit are first the lawyers, second Epson, and way behind them, the injured parties. Any real settlement of a real law suit would have entailed a computation of Epson's additional sales revenues (not profits, revenues) generated by the practices complained of in the law suit and a division of those additional revenues among the injured class (i.e. a substantial out-of-pocket payment) with an attorneys' fee based on the hours devoted to the case, not the egregious fee the lawyers in this case are seeking of 25% of the supposed benefits being received by the injured parties.
Show quoted textHide quoted text
----- Original Message -----
From: "Editor, P.O.V. Image Service" <editor@...>
To: <DigitalBlackandWhiteThePrint@yahoogroups.com>
Sent: Saturday, April 15, 2006 2:50 AM
Subject: [SPAM:*] Re: [Digital BW] different Epson law suit
EPSON is getting what they deserve on this one. If they hadn't done
everything in their power to prevent the average comsumer from refilling
cartridges, the claim would be near moot. If you could easily refill a
cartridge, the fact that it went empty and forced you to buy a new one,
earlier than you actually needed to, would be nearly irrelevant. It
wouldn't much matter how much ink was still in a cartridge when it
indicated "empty" if you could refill it.
It looks like the deception necessitated for keeping the cartridge
profit margin is beginning to undercut the sales model they chose.
I can say there likely are more lawsuits coming aimed at other parts of
their pricing model. I believe EPSON even knows that (including some
specific legal actions), as their own (Seiko-EPSON) recent stock
prospectus / annual report notes that profits may fall if they are
unable to protect their sales of cartridges by excluding alternative
cartridges/inks.
--
Keith
Keith Krebs
"Just some guy," caretaker of the Multiverse's largest EPSON printer
User Community (highly recommended by Vogon Poets and MegaDodo
Publications), at:
http://groups.yahoo.com/group/EPSON_Printers/
and the Multiverse's largest Canon printer User Community at:
http://groups.yahoo.com/group/Canon-printers
"For the rest of you out there, the secret is to bang the rocks together
guys"
****************************************************************
CONFIDENTIALITY & COPYRIGHT NOTICE:
This e-mail message, including attachments and contents, is \ufffd Copyright,
Keith Krebs, 2001-2004, All Rights Reserved. It is expressly for the
sole use of the intended recipient and may contain confidential and
privileged information. Absent the express written authorization of the
author, any unauthorized review, use, disclosure, transfer, or
distribution is explicitly prohibited and taken at your own risk. If you
are not, or are unsure whether you are, the intended recipient, please
contact the sender immediately and destroy all copies of the original
message. Violations will be prosecuted to the FULL extent allowed under
applicable civil and criminal law. Imagery published or distributed in
violation of these conditions shall be subject to a $1500/image
liquidated damages charge, in addition to any applicable Copyright
violation penalties.
POV IMage Service Banner
****************************************************************
{ The P.O.V. Image Service Website is still at http://www.p-o-v-image.com/ }
[Non-text portions of this message have been removed]
Please visit the Group Homepage to check the Files, and other resources as
they are often being updated.
http://groups.yahoo.com/group/DigitalBlackandWhiteThePrint
If you wish to receive no emails or just a daily digest, or you wish to
unsubscribe, please edit your Membership preferences by visiting this same
page.
Please follow these basic guidelines:
- As threads develop, trim off excess portions of earlier messages to keep
them short.
- Good manners are required at all time. No personal attacks or flames.
Hostile, aggressive or argumentative users may be removed from the
membership without notice.
- Keep your posts and threads related to the group topic of digital B&W
printing. Users who persistently make off-topic posts may be removed from
the membership.
- By posting on this forum you agree to abide by the group rules and
guidelines, and to abide by the actions and decisions of the group Owner and
Moderators. See "Group Topic, Rules and Guidelines" in the Files section:
http://groups.yahoo.com/group/DigitalBlackandWhiteThePrint/files/
BY PARTICIPATING IN AND/OR POSTING MESSAGES TO THE DIGITAL BW, THE PRINT
YAHOO! GROUP YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE "OWNER" AND
"MODERATORS" OF DIGITAL BW, THE PRINT YAHOO GROUP SHALL NOT BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE "OWNER" AND
"MODERATORS" OF DIGITAL BW, THE PRINT YAHOO GROUP HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE DIGITAL BW, THE PRINT YAHOO GROUP; (ii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE DIGITAL BW, THE PRINT YAHOO GROUP; OR (iv) ANY OTHER
MATTER RELATING TO THE DIGITAL BW, THE PRINT YAHOO GROUP.
Yahoo! Groups Links