Screaming Penguin - Source Does Matter

Kimmel and the "computer lemon law?" I have seen this Kimmel clown on the Dvorak "Silicon Spin" show several times. I like that show , but, everything he says makes no logical sense. He is in my humble, non legal, yet quite technical, opinion an all around moron (technically speaking of course.) He just happens to be not only a moron, but a lawyer. Some might argue that is one and the same, but thats another discussion.The latest "I have to be in the computer spotlight" flap that Kimmel is spewing is a "computer lemon law." Overall, in general, that doesnt sound so bad to me. If it was anything like the car lemon law that would make some sense. If it has a warranty its covered, if it breaks and the manufacturer cannot repair it within 3 tries, then it gets replaced.Now this would be very tricky with computers and have to be a meticulously written law (and most are not, most are as vague as possible for some reason.) Because when it comes to computers, what does "broken" mean? Is it a hardware problem only or does it include that new "Deer Killer 4.0: Mindless Moronic Massacre" software you just installed? You could solve this by stating that it inlcudes the hardware and any pre-installed software. And that if the machine has to be sent in for repair, all other software is removed for diagnosis. In my experience, which is extensive with computers (not law), more often than not it is a crappy software problem rather than a hardware issue. And most hardware vendors quickly and happily replace components that are truly bad. If you really want to address computer problems, how about a law against crappy software! Kidding, again we dont need a law, we just need to quit putting up with it and buying it (ala open source!) Several of the other guests on the show brought that up. All this commercial software we pay big bucks for and use does not even have to work! Read a EULA once in a while, it does not even have to perform as advertised, no warranty, nothing. Software is all too often, almost always, the culprit in computers that are "broken."However this new law is designed to REQUIRE all manufacturers to have a 2 year warranty on the systems they sell! That is my problem with it, and the distinction here, it REQUIRES them to have a warranty. That is a different game and afoul of what the government should legislate. Should my toaster, stereo, cell phone and tv have a government mandated warranty as well? What makes a computer special here?!? If it is broken and the company wont fix it, I admit thats a problem. But only IF it had a warranty to begin with. Again, this should not have to be legislated. This is a ridiculous, frivoulous waste of time and the goal is to make lawyers (hmm, like Kimmel) rich, not help consumers. If you dont like the warranty, or there is no warranty, DONT BUY IT! The power should rest with the consumer and the buying decision, and not with a law. Caveat Emptor.Maybe we should employ exisiting laws to make companies honor warranties and maybe people should wake up and not buy a piece of crap from some fool 3000 miles away just because its 8 bucks cheaper. Service and warranty matter in a buying decision. I hope this country is not dumb enough that we have to legislate warranties, ridiculous and just what the lawyers would love. For an example of the psuedo-consumer-help-hype that lawyers are notorious for, check the Kimmel website ComputerLemonLaw.com. Notice its a .com site, not an org (as if that matters anymore anyway.) This is an attempt by a lawyer to create legislation that will benefit lawyers and not consumers. Sadly, this is not the first or last time this has or will happen, its just lawyer behavior again (sorry about the lawyer generalizations, but I have never met a lawyer with integrity or decency, many try to pull it off, but ultimately its about the cash, and thats all, if any good lawyers do exist, I apologize to them.)This law is being considered in many areas and according to Kimmel even on a federal level. Resist it, its stupid, keep your money, make good buying decisions and dont pay lawyers!   ComputerLemonLaw.com