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    SubjectRE: Hyper-threading
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    Note to US consumers (or people purchasing things through any US institution
    or facility) WRT this sort of thing.

    If, in deed, your ordered this thing under a set of specifications that it
    isn't meeting (e.g. the gigabit isn't there but it is on the listing from
    the advertisement etc. the seller is all sorts of liable. (I am presuming
    wrong doing, if you just didn't shop around but you did get what you
    ordered, this doesn't apply to you 8-)

    Particularly if you used a credit card.

    The things to do (and these really do work.)

    1) (no matter what kind of payment was used) go to http://www.ftc.gov and
    file a complaint. This is something between advertising and wire fraud and
    there are armies of petty bureaucrats at the FTC who live to vent spleen on
    that sort of thing. Example: Bank of America "held" a _certified_ check my
    roommate deposited into his account, even after the funds cleared the
    issuing account. He had proof. There is a %1000 fine for that (yes, three
    zeros!) and BofA paid just over 60,000.00(USD) in fines for "being slick"
    with his account. The more proof you have (print out of the advertisement
    or web page etc) the more likely you are to get satisfaction; mention what
    proof you have etc in the complaint.

    2) If you used a credit card (again on a US bank or institution) complain to
    your bank and/or the lead company (e.g. Visa Corp for a purchase made with
    any thing imprinted with a "Visa" logo). The person or entity who listed
    the charge against your account has an agreement with the issuing bank or
    the main company that, among other things, makes them liable to provide the
    goods or services paid for, or to make good on the mistake, or to abrogate
    the sale. They have also agreed not to be fraudulent about their actions
    since Visa Corp (et al) cant make you pay for charges that are
    inappropriate. Even "all sales are final" notices accompanying a sale do
    not supercede this agreement if what was delivered didn't match what was
    purchased. A business can lose it's entire ability to process a card (e.g.
    Visa will pull their contract, and that can end a business) for something as
    small as one failure to perform.

    It's amazing how quickly a business will bend over and get all helpful if
    they get caught out and you actually make the call.

    It all boils down to proof. Did you print that "receipt" page? Do you have
    the invoice? Did you (can you) print the Advertisement? Does it say it
    will on the box? All these things are useful as proof.

    At the very least, if they didn't deliver, you may not have to pay.

    And remember, a merchant can disclaim fitness for a particular purpose ("you
    balancing your checkbook" for example) but they can not "disclaim" anything
    in the sales agreement, and claims on the page and on the box are therefore
    binding no matter what they say.

    Call the merchant one more time. Get the name of the guy you are talking
    to. Say "This product doesn't do what the box says it will. Replace this
    with something that does, or give me my money back, or my next calls will be
    fraud complaints to my bank, Visa corp., and the F.T.C." Ask for his
    supervisor, get his name, repeat your statement. If/when they say no, thank
    them for their time politely. Then assert your right not to be screwed...

    Rob.




    -----Original Message-----
    From: linux-kernel-owner@vger.kernel.org
    [mailto:linux-kernel-owner@vger.kernel.org]On Behalf Of Richard B.
    Johnson
    Sent: Monday, June 02, 2003 9:59 AM
    To: Mike Dresser
    Cc: linux-kernel@vger.kernel.org; linux-smp@vger.kernel.org
    Subject: Re: Hyper-threading



    These were purchased together to be a "hyper-thread" board
    for my new system. I have always had two CPUs since SMP became
    available, and I wanted to experiment with the new "single-CPU"
    SMP architecture.

    I got ripped off. I got sold a board that doesn't have the gigibit
    adapter populated plus, you can't tell from a distance because the
    connector is present, but has some metal tape covering the hole.

    This board costs $275 plus the CPU was $635. I got badly raped
    and the vendor won't take them back.

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