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[Official] Sprint HTC EVO 4G LTE Pre-release thread - Sprint official launch is Saturday, June 2

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drparton21 said:
They are supposed to have a judiciary hearing this week. If we're super lucky, we may have them before Monday due to priority next day shipping.


This, of course, is purely a guess on my part. Earlymon is much more qualified to make a guess like that, although admittedly it'd be a guess on his part, too (just a smarter one).
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You must remember this, a guess is just a guess...

Casablanca - As Time Goes By - YouTube
 
EarlyMon said:
Regarding anti-trust, that would nice but Microsoft was much more obviously guilty and look how long that took, and how little was done.

Restraint of trade would be a civil action, and juries are known to award to five times the actual damages and that's upheld because when trade is restrained by underhanded practices, the guilty must be dissuaded from attempting it again.
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We're talking about Anti-trust, so we're dealing with Treble (3X) damages. Still a big hit to the defendant though.

But still, there are two big hurdles to overcome.
First is the issue of immunity. Whether or not it's a State action or Civil action, a company that uses the government to harass another company is generally immune from any and all antitrust liability whatsoever.
The second is proving damages. Where damages are too speculative, no claim for relief has accrued. So treble damages are pointless since there is no possible successful action.
 
Being the consummate cynic, the announcement from the Taiwanese government was not an accident. I bet it is a pressure tactic meant for customs, but more particularly, Apple. Look out! It's not only HTC, It's the whole dang Taiwanese culture you're pissing off!

3pbvf5.jpg
 
EarlyMon said:
Restraint of trade would be a civil action, and juries are known to award to five times the actual damages and that's upheld because when trade is restrained by underhanded practices, the guilty must be dissuaded from attempting it again.
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Actually, the federal antitrust statute (Sherman Act) provides for treble (3X actual) damages, so that multiplier is taken out of a jury's hands in an antitrust case -- they decide what the actual damages are, and the judgment is 3X that by operation of law. Most state antitrust statutes use treble damages as well, with a few providing for only double or actual damages. The 5X number you're referring to would presumably be for a common law (i.e., non-statutory) cause of action.

Of course, the threat of treble damages generally provides plenty of incentive all its own, so that's nothing to sneeze at. If anything, it's a more powerful toll, because that happens by operation of law, not at the whims of a jury. Around my neck of the woods, one jury might award 10X actual damages, while a jury in an adjacent county might award 1X actual damages, and there are far more venues in this country that award verdicts that are closer to 1X than 10X or even 5X. When you have a statute that spells out that you WILL get 3X damages if you win, it's pretty powerful.

Just an FYI, for context.
 
Take this with a grain of salt but I called Account Services to change my delivery address since I will be out of town for 10 days. I was told that it is scheduled for shipment tomorrow - I asked if they were sure, she put me on hold, supposedly called one of the warehouses, came back on line and said yes, that is what is in the system. I asked about the Custom issue and she stated that is why it did not ship on Tuesday as you were told.

As I have said on all my postings, we shall see!
 
This article is throwing out hypotheticals of 4 weeks: Economics minister offers help to HTC with patent case - Taipei Times

SALES GROWTH
On April 24, HTC forecast its sales for the second quarter would reach NT$105 billion (US$3.55 billion), up 55 percent from the first quarter.
Bank of America Merrill Lynch said if the products are detained by the US Customs for four weeks, HTC’s sales for the second quarter will be reduced by 5 percent to 10 percent, while CLSA Asia-Pacific Markets said HTC’s share price will be under pressure in the near term as the market does not like uncertainty.
 
I am on the phone with Sprint now and she said no there is no updated info since the 15th phones are not in warehouses. No one knows my Best Buy is still telling me to come in on Friday.

2krazee2 said:
Take this with a grain of salt but I called Account Services to change my delivery address since I will be out of town for 10 days. I was told that it is scheduled for shipment tomorrow - I asked if they were sure, she put me on hold, supposedly called one of the warehouses, came back on line and said yes, that is what is in the system. I asked about the Custom issue and she stated that is why it did not ship on Tuesday as you were told.

As I have said on all my postings, we shall see!
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I went after a firm for their part in collusion and charged in a civil suit that their actions were restraint of trade. There was no anti-trust component and we won, at 5x.

I'll allow that perhaps my situation didn't apply here.

Maybe the government involvement does bring in the other components as mentioned. I simply wasn't thinking in anti-trust terms. I don't think that would work anyway, as I mentioned. ;)
 
Skid71 said:
Someone mentioned getting this story out into the press yesterday.

My wife is a television (news) producer. I told her all about this story, even the technical boring stuff (her words, not mine) and she indeed had the story in her show last night.

We live in Kansas City, Sprint HQ being about 5 miles away.

So even though it wasn't top-of-the-show ~cough~ "Breaking News" it did make the show and I'm sure made an impact.
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Can you tell us what station and when the report aired please or post a clip of the report
 
I don't blame anyone really but if no update by next Friday or if they say it might be weeks, I think I am going to cancel my preorder and order the Nexus. My friend has one and its really nice, sure no EVO hardware wise but close.
 
Covert_Death said:
same.
email reads...
"5/17/2012
Order Number: 00000000000000

Dear CUSTOMER:

There's been a change to the release date for your pre-ordered item.

The new release date is 05/23/2012. Your order details are listed below.

You can also call us toll-free at 1-888-BEST BUY (1-888-237-8289) with any questions. For faster service, tell us the order number when you contact us.

Thank you.
Best Buy Customer Service"
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Someone on another forum mentioned the 23rd as National Launch Day, so maybe the Friday shipping for Monday arrival for pre-orders is legit. Surgery is the 23rd,so I hope to have mine on the 21st, or I won't get to mess with it until at least Friday or Monday of the following week.
 
I just got the same email after calling 2 minutes before I got it and they still new nothing. They were telling me the shipment would be in tonight to come in tomorrow. I called last night too and they haven't a clue on this customs thing and knew nothing about what was going on. So I just called back to say hey I just got this email saying May 23rd and the girl walked over to the cell phone dept and then she tells yeah it says the 23rd but that's tenative something could happen and it could get delayed again. They just don't know. So I called Sprint back and they said if you got an email saying the 23rd then it should be the 23rd there working to get this resolved ASAP. So I guess will see.

suprmallet said:
Just got an email from Best Buy saying my pickup date has been changed to May 23rd, next Wednesday.
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Covert_Death said:
same.
email reads...
"5/17/2012
Order Number: 00000000000000

Dear CUSTOMER:

There's been a change to the release date for your pre-ordered item.

The new release date is 05/23/2012. Your order details are listed below.

You can also call us toll-free at 1-888-BEST BUY (1-888-237-8289) with any questions. For faster service, tell us the order number when you contact us.

Thank you.
Best Buy Customer Service"
Click to expand...


Ditto. Although I'd like to believe BB knows something we don't, my guess is that they made the decision to delay a week simply to reduce the pressure (from us) on their employees (both in store, online, and phone operators). Just sayin... Obviously, they can't keep doing this every week, but I'm sure there's been enough pressure over the last 24hrs. that they had to do something. A week seems like a safety measure, as opposed to an "indefinite" date...keeps their pre-orders customers intact to a certain extent. Nevertheless, I'm very glad I pre-ordered with them...they didn't want a dime (or CC#) up front...only an email addy and phone number.

Hopefully I'm wrong and I'll (with tear in eye) be relinquishing my OGEVO next Thurs.
 
People on another site are mentioning their Sprint credit is gone.. I still reflect a negative on my bill. Anyone still have credit or who had credit, did it disappear??
 
rkkeller said:
I don't blame anyone really but if no update by next Friday or if they say it might be weeks, I think I am going to cancel my preorder and order the Nexus. My friend has one and its really nice, sure no EVO hardware wise but close.
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I hate to break the news but as of late yesterday there are no more cancellations. Your only option is to refuse delivery if and when shipped.:dontknow:
 
slamjet said:
Being the consummate cynic, the announcement from the Taiwanese government was not an accident. I bet it is a pressure tactic meant for customs, but more particularly, Apple. Look out! It's not only HTC, It's the whole dang Taiwanese culture you're pissing off!

3pbvf5.jpg
Click to expand...

I face palmed so loud, my boss heard it from his office and asked if i were ok.
thank you for that...
 
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