You have brought up an interesting question as to how the consumer who has already bought into the current 8VSB receiver technology, whether integrated into the TV itself or a set top box, would have a claim against the FCC for having adopted a standard for DTV that has been proven to be substandard (i.e. not equal in performance to NTSC). The five years that it has taken to design and develop a working (i.e. equal or better than NTSC) receiver that is now acknowledged by all may get the notice of Consumer's Union and Ralph Nader who will in all likelihood put the case before the public for compensation to early adopters. The FCC will claim that the standard has not changed, only the receiver capable of receiving it has changed therefore it is not cupable. The counter argument would be that the FCC was fully aware that existing receivers at the time the standard was adopted could not replicate NTSC reception in all situations and that it had no intention of adopting a technical standard for receivers and reception but only a receiver 'fix' at some indeterminate date in the future. A class action suit against FCC has little prospect of success but public opinion may be just effective. States had more success with the tobacco companies for lying and selling a product dangerous to the health of the public. The public can never successfully sue government agencies except to affect change through their elected representatives. But a case could be made by putting Sinclair, Schubin, Miller and (dare I mention) Demot Nolan before a commission of inquiry to drive the point home. I am sure that senator McCain would offer a sympathic ear. If real justice were served no currently available DTV set or STB would be permitted to be sold without a guarantee of its replacement when a 5th generation or better receiver is made available at a cost to the government and not the consumer. ----- Original Message ----- From: <tjharvey@xxxxxxx> To: <opendtv@xxxxxxxxxxxxx> Sent: Monday, July 26, 2004 1:02 PM Subject: [opendtv] Re: News: DTV Boxes Could Cost $1 Billion > Just a note on this: I have visited a few 'local' television showrooms and have seen 1st generation Mitsubishi and Sony STB's for sale in the last few months. What is worse, unless you ask, the STBs are pawned off as 'new'. > > Terry Harvey > > > > I don't think you can buy anything older than 3rd generation *today*. By 2007, I doubt you will find products as old as 5th gen, besides used ones on eBay. > > > > > > > > ---------------------------------------------------------------------- > You can UNSUBSCRIBE from the OpenDTV list in two ways: > > - Using the UNSUBSCRIBE command in your user configuration settings at FreeLists.org > > - By sending a message to: opendtv-request@xxxxxxxxxxxxx with the word unsubscribe in the subject line. > > ---------------------------------------------------------------------- You can UNSUBSCRIBE from the OpenDTV list in two ways: - Using the UNSUBSCRIBE command in your user configuration settings at FreeLists.org - By sending a message to: opendtv-request@xxxxxxxxxxxxx with the word unsubscribe in the subject line.