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Re:Class action lawsuit filed against Lenovo over Superfish by rosser on Monday May 11, 2015 @02:44PM (#9526936)
Anyone who trots out Liebeck v. McDonald's as an example of a "bad" lawsuit is just demonstrating that they're operating from a position based more on opinion than fact.

Liebeck sued McDonald's for actual costs of her medical treatment. McDonald's refused to pay for her injuries or admit fault. The jury awarded the massive punitive damages ($160,000 in actual damages and $2.7M in punitive) of their own volition, because the company's behavior was so egregious, was just one incident in an ongoing chain of similar ones (and for which they'd settled previous claims), and was obviously responsible for the third degree burns she suffered beneath her clothing.

Please check your facts next time.

https://en.wikipedia.org/wiki/Liebeck_v._McDonald%27s_Restau...

Re:Class action lawsuit filed against Lenovo over Superfish by btilly on Monday May 11, 2015 @02:58PM (#9527043)
You have made a common mistake. You have pattern matched what I said to commonly said things that you have an opinion on, and then have proceeded to respond on the belief that I said something that I did not say.

I never stated an opinion either way on whether this was a bad lawsuit. My statement was that it was a lawsuit launched without the cooperation of the company. Which is definitely true in that case.

That said I did need to check my facts because I called it a class action lawsuit when it wasn't. But that issue is completely unrelated to anything that you said.

Re:Class action lawsuit filed against Lenovo over Superfish by rosser on Wednesday May 13, 2015 @04:23AM (#9537517)
While I won't deny not having given your comment as careful a reading as I perhaps could have, my motivation in posting my own had more to do with staving off a torrent of follow-ups that all came from the place of "opinions over facts" that I decried than it did criticism of your position.

My apologies for my ambiguity. I could have been far clearer about what I was trying to say, and my motivations for having said it.

Re:Class action lawsuit filed against Lenovo over Superfish by GFischer on Wednesday May 13, 2015 @12:50PM (#9540231)
I wanted to single out your comment as an example of a gracious apology and what I presume is the desired level of discourse at the Hacker News community.

I see both parts of the discussion are among the older members of HN, glad to see they're setting a good example :)

Re:Class action lawsuit filed against Lenovo over Superfish by Lawtonfogle on Tuesday May 12, 2015 @12:57PM (#9533110)
>You have made a common mistake. You have pattern matched what I said to commonly said things that you have an opinion on, and then have proceeded to respond on the belief that I said something that I did not say.

I wouldn't call this a mistake. It is a very accurate heuristic not just in this particular case but in online discussions in general. There will be errors, but deploying a heuristic instead of a perfect algorithm makes great sense when dealing with the internet. Less acceptable for something like a scientific paper.

Re:Class action lawsuit filed against Lenovo over Superfish by svalorzen on Wednesday May 13, 2015 @09:27AM (#9538709)
So you won't bother reading what other people are saying, and instead will resort to spewing retorts based on your preconceived notions of what other people are stating? You must be a fun person to discuss with.

I'd say actually reading may be a better approach rather than to use an heuristic.

Re:Class action lawsuit filed against Lenovo over Superfish by Lawtonfogle on Wednesday May 13, 2015 @11:06AM (#9539452)
>So you won't bother reading what other people are saying

Perhaps you should read what I wrote then, because what I wrote was about a heuristic to identify intentions based on what was read. Would you suggest that in face to face discussions body language should ignored when it disagrees with what a person says?

Re:Class action lawsuit filed against Lenovo over Superfish by Crito on Monday May 11, 2015 @03:03PM (#9527097)
There actually are two sides of this story.

First off, the lawsuit was justified, but not because of the temperature of the coffee. The coffee was being served at industry standard temperatures (defined in terms of what _other_ companies in the industry serve their coffee at), despite what many claim. The primary problem is that their coffee cup design was defective, and was prone to collapsing.

In response to the lawsuit, McDonald's has not changed the temperature of their coffee. If you order a black coffee at a McDonald's today (or at many other shops), it may very well be just as hot as the coffee that disfigured Liebeck in 1994. So for the love of god, don't spill coffee on yourself! Coffee as cool as 140F can cause third degree burns in mere seconds. That is well below what anybody serves coffee at. Coffee is dangerous. It's just that simple.

http://www.burnfoundation.org/programs/resource.cfm?c=1&a=3

http://en.wikipedia.org/wiki/Liebeck_v._McDonald%27s_Restaur...

Where did this meme of "Liebeck v. McDonald's was actually 100% reasonable, and anyone who thinks otherwise is a fool" come from?

In the immediate aftermath of the lawsuit, many Americans became extremely critical of any personal injury lawsuits. It appeared as though if it continued, the livelihoods of personal injury lawyers might be threatened. So an informal propaganda campaign was launched, featuring some selective truth (the burn photographs) and some lies (the idea that the coffee served to her was way hotter than coffee you and I are used to). These sort of lawyers are extremely good at being convincing, that is pretty much their job after all, and in a non-adversarial context it is not suprising that they are able to convince most people.

Re:Class action lawsuit filed against Lenovo over Superfish by CamperBob2 on Monday May 11, 2015 @08:20PM (#9528745)
So an informal propaganda campaign was launched, featuring some selective truth (the burn photographs) and some lies (the idea that the coffee served to her was way hotter than coffee you and I are used to).

Exactly. The other effect is to move the Overton window. Prior to the propaganda campaign, those of us who would have said Liebeck wasn't even entitled to compensation for her actual medical costs would have been branded as unsympathetic and a bit cold-hearted. Now, we'd be considered baby-eating monsters with opinions too radical to be a part of public discourse.

These sort of lawyers are extremely good at being convincing, that is pretty much their job after all, and in a non-adversarial context it is not suprising that they are able to convince most people.

It's like the old adage, "Don't make enemies with people who buy ink by the barrel," taken to the next level. Lawyers ru(i)n almost everything in America.

Re:Class action lawsuit filed against Lenovo over Superfish by frenchie14 on Monday May 11, 2015 @02:53PM (#9527010)
I don't think the parent comment was referring to Liebeck v. McDonald's "as an example of a 'bad' lawsuit." I think they were using it as a point to demonstrate what happens when a company gets sued by a force outside of their control. I know it's easy to jump on someone over this often mis-quoted lawsuit, but please pay more attention to the context next time.
Re:Class action lawsuit filed against Lenovo over Superfish by Area12 on Monday May 11, 2015 @04:45PM (#9527724)
I accidentally gave you an upvote (I'm a noob at this UI) and I can't figure out how to take it back. Please read the thing you are replying to before replying next time.