just noticed this suit and its settlement, here:
http://appleosx.rosenthalco.com/notice.html
Seems Apple oversold certain aspects of X running on G3s -- graphics
acceleration and DVD playback, more or less.
TO:
ALL END USER PERSONS OR ENTITIES WITHIN THE UNITED STATES WHO BOTH (1)
OWN OR OWNED CERTAIN APPLE G3 COMPUTER MODELS SOLD BETWEEN NOVEMBER 1997
AND SEPTEMBER 2000 ("COVERED PRODUCTS") AND (2) ALSO PURCHASED ANY
VERSION OF MAC OS X FOR A COVERED PRODUCT ON OR BEFORE MAY 15, 2003:
��������The above-captioned lawsuit ("the Action") is pending before the
California Superior Court for the County of Los Angeles. In the Action,
plaintiffs Lorenzo Biagiotti, Jason Dillon, Thomas Ferlauto, Mark L.
Heller, Geoffrey A. Kruse, Robert Craig Pollock, Ricky Stilley, Mark
Strecker, John Garland Tillery and Peter L. Wargo (collectively, "Class
Representatives") claim that hardware graphics acceleration and DVD
playback on certain Apple computer models ("Covered Products") did not
perform in Mac OS X as Apple Computer, Inc. ("Apple") had purportedly
represented. A complete list of the Covered Products is set forth on Page
4 of this Notice. Apple has denied plaintiffs' allegations and asserted
numerous affirmative defenses.
The Court has conditionally ruled that this Action may be maintained on
behalf of a class ("Settlement Class") defined as:
All end user persons or entities within the United States who own or
owned Covered Products and who purchased any version of Mac OS X for a
Covered Product on or before May 15, 2003. Excluded from the Settlement
Class are Released Persons as defined in the Agreement and/or any persons
or entities who purchased the Covered Products for purposes of resale.
��������This notice ("Class Notice") is to advise you as a potential
member of the Settlement Class ("Class Member") of the filing and status
of the Action and of your rights with respect to a proposed settlement of
the Action (including certain rights which you can lose if not
protected). These rights include the right to be excluded from the
settlement. If you are a Class Member and do not request exclusion from
the settlement, you will be a Settlement Class Member and will be bound
by the terms of the settlement. Any capitalized terms used in this Class
Notice that are not defined herein shall have the meaning specified in
the Settlement Agreement and Release.
Class Counsel have investigated the matter and considered the merits of
the claims asserted, and have determined that this settlement is fair and
reasonable. Apple does not admit any wrongdoing or liability. The
proposed settlement is a compromise of disputed claims and does not mean
that Apple has any liability for the allegations made by plaintiffs. The
terms of the settlement are a matter of public record and are not
confidential.
continued ........
%%%%%%%%%%%%%%
John W. Verity
So. Orange, NJ
973-763-1241
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