Andrew Sokolowski says he bought a Surface with 32 gigabytes of storage last week. But he quickly ran out of space after loading it with music and Microsoft Word documents.
He discovered that half of the 32GB storage space was being used by the operating system and pre-installed apps.
Sokolowski filed the suit Tuesday at the Superior Court in Los Angeles. He is seeking class action status.
Microsoft says on its website that the 32GB Surface has 16GB of free space while the 64GB version has 45GB free.
Wait. You say other computers are like this too? Apple is selling this model right now:
The original 2008 MacBook Air advertised 64GB of flash storage, but according to this report the actual amount free for user data storage was 38.29 GB. After laborious tweaking, owners of the first-generation MacBook Air were able to uninstall stuff and get that free space up to around 45GB.
After poking around various Mac forums, I have determined that a fresh-out-of-the-box 2012 MacBook Air with 64GB of flash storage actually allows only 49GB of user data storage. And if that value were displayed the way Microsoft utilities measure it, the actual data storage available would be shown as roughly 46GB.
How come no one has filed a class action lawsuit against Apple yet?
Bonus points for a picture when someone shows this guy sections 2d and 2e of the Windows RT license agreement that he accepted when he set up his computer:
d. Binding arbitration. If you and the manufacturer, or Microsoft, do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
e. Class action waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you, the manufacturer, nor Microsoft, will seek to have any dispute heard as a class action, as a private attorney general action, or in any other proceeding in which any party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Maybe someone will put together a how-to guide like this one for Windows RT users.
PS: Seagate settled a similar lawsuit back in 2007.
PPS: The best explanation of how the Surface RT uses its included storage is this one from Peter Bright at Ars Technica.