Plaintiff Dinan’s false-advertising theory was based on the fact that the tech world uses two different systems to measure data-storage capacity. In the binary system, a gigabyte contains 1,073,741,824 (2^30) bytes. By contrast, in the decimal system, a gigabyte contains just 1,000,000,000 (10^9) bytes. Dinan claimed that, in purchasing a SanDisk flash drive, he believed he was receiving binary GBs rather than decimal GBs, and so received 6.7% less actual storage capacity than he expected. SanDisk moved to dismiss the complaint, arguing that a reasonable consumer would not be misled as Dinan alleged.
https://www.jdsupra.com/legalnews/another-one-bytes-the-dust-court-57445/ Is An Advertiser Responsible For False Advertising If A Word Has Two Meanings? http://www.mondaq.com/unitedstates/x/858182/advertising+marketing+branding/Is+An+Advertiser+Responsible+For+False+Advertising+If+A+Word+Has+Two+Meanings
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