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Probably no legal merit but unwanted publicity:

http://www.insurancejournal.com/news/west/2012/11/16/270900....
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Ya, everything I've read basically says it is without merit.
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I can't imagine that the marketing doesn't have fine print saying that the total available capacity may not be a full 32GB.

While I do think I'd be upset buying a 32GB device only to find I really only had 16GB available, I don't think it'd be something I could or would sue over.

dsbrady
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Completely without merit. As the article states this is a known thing with all electronic storage devices. To push this point home even further for this specific device, when I was in line for my Surface on release date I had this exact discussion with the man behind me. He knew exactly how much storage was taken up by the OS and pre-installed apps, thus opting to go for the 64gb model for his needs.
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I can't imagine that the marketing doesn't have fine print saying that the total available capacity may not be a full 32GB.

It does, and the suit even acknowledges that fact - they are saying it is buried/hidden.
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Imagine that, if we all started suing over buried/hidden/small print issues with every item we bought where would it end ?



James, who thinks he could sue every fast-food restaurant or restaurant in general he has ever eaten at because they food they serve looks nothing like the food they advertise.
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What is irritating is how often people compare the capacities of devices in the media. 32 GB versus 16 GB... that's not nearly an approximation of the actual advantage. It's 16GB versus ~13GB.... Stupid tech bloggers.

None of this has anything to do with lawsuits though, Apple or Android suffer the same issue. Consider for a moment that you can buy an '8GB' iPhone 4 which doesn't offer nearly 8GB of useful space (4-5GB).

If you don't like it... return it.
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