[UPDATE] Intel gets multiple class action lawsuits over CPU vulnerability

[ItsMitch]

The lawsuit, Garcia v. Intel Corporation, Case No. Case 5:18-cv-00046, was filed Wednesday, Jan. 3, 2018, in the U.S. District Court for the Northern District of California.

Quote

 

On Jan. 2, 2018, news broke throughout the tech world that millions of Intel computer chips containing a fatal security flaw may only be patched by compromising a computer’s performance. Research teams at Google’s Project Zero and universities in the United States, Austria, and Australia released a detailed study on three possible cyber attacks made possible because of the fatal security glitch in these Intel chips.

The security flaw appears related to performance enhancement features contained within the computer processors, which make a computer’s most sensitive functions vulnerable to manipulations by cyber attackers. According to these latest reports, because the vulnerability relates to the technology that allows the chips to process data faster, patching the security flaws will likely lead to decreased computer performance. Several companies in the tech industry, including Intel and Microsoft, have been working on a patch in order to issue an update to operating systems in the coming weeks.

 

Real kicker:

Quote

 

The suit’s plaintiffs, Steven Garcia and Anthony Stachowiak, allege that the computer chips containing the fatal security flaws violate California and Tennessee law. Specifically, the plaintiffs bring claims for breach of warranty and violations of consumer protection statutes alleging that Intel’s selling of computer chips with this fatal security flaw misled consumers about the performance and reliability of the computers operating with this hardware. The plaintiffs seek to represent a class of plaintiffs who purchased Intel’s fatally flawed computer chips. It is alleged that the security flaw will affect millions of computers currently in use across the country.

 

 

 

 

Who didn't see this fucker coming? More is apparently on the way.

UPDATE

It appears that 2 more lawsuits have been filed, one in the District of Oregon Case 6:18-cv-00028-MC and the other in the Southern District Court of Indiana Case 1:18-cv-00029-TWP-MPB

District of Oregon is aiming for the following:

COUNT I - VIOLATION OF ORS 646.608

 

COUNT II - UNJUST ENRICHMENT

Before anyone asks, I'll leave the exact definitions to ORS and Unjust Enrichment

ORS 646.608 is Additional unlawful business, trade practices.

And Unjust Enrichment is "In law, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. ... The law of restitution is the law of gain-based recovery."

 

The Southern District of Indiana is aiming for: 

 

COUNT I – INDIANA DECEPTIVE CONSUMER SALES ACT, §24-5-0.5-3

COUNT II – BREACH OF IMPLIED WARRANTY

 

COUNT III – NEGLIGENCE

 

COUNT IV – UNJUST ENRICHMENT/MONEY HAD AND RECEIVED

 

You get the picture, People are truly gunning for Intel right now, don't wanna be in their legal team's shoes right now, I bet it's a right shit fest

 

 

 

SOURCE: https://www.businesswire.com/news/home/20180104006325/en/Branstetter-Stranch-Jennings-Doyle-APC-Announce-Filing | https://mms.businesswire.com/media/20180104006325/en/633085/1/Intel_complaint.pdf

 

[Curufinwe_wins]

3 minutes ago, SC2Mitch said:

snip

Imagine that... some set of lawyers have jumped on an opportunity to potentially reap money on class action where they get by FAR the biggest proportion of the funds.

 

It's only something that happens literally every time one of these comes up. Time will tell how relevant the lawsuit actually is, but obviously it wont actually help any consumer.

[Arika]

Quote

Specifically, the plaintiffs bring claims for breach of warranty

nothing to do with warranty

 

Quote

and violations of consumer protection statutes alleging that Intel’s selling of computer chips with this fatal security flaw misled consumers about the performance and reliability of the computers operating with this hardware. 

lol what?

[Drak3]

'Murica, where you can sue for everything without understanding anything.

[ItsMitch]

1 minute ago, Sierra Fox said:

nothing to do with warranty

 

lol what?

copy pasta from the legal paperwork and yes i know it's a good meme but bare with me

 

COUNT II Song-Beverly Warranty Act, California Civil Code § 1792, et seq

 

53. Defendant has breached implied warranties because the Intel CPUs sold to Plaintiffs and Class members were not merchantable and were not fit for the ordinary and particular purposes for which such goods are used in that the CPUs suffer from a critical security defect, requiring an OS-level software patch that will degrade the performance of the  CPU. It is not necessary for Plaintiffs to prove the cause of the Defect in the CPUs, but only that the CPUs did not conform to the applicable warranties.

[8uhbbhu8]

Where does fraud come from lol? All I see is a massive bout of negligence on their part. 

[Jito463]

I'm not entirely surprised by this news, but I am surprised by how quickly it was put together.  Information isn't even completely compiled about the nature of the vulnerabilities, and yet they think they can make a case around it without all the facts?

[ItsMitch]

3 minutes ago, 8uhbbhu8 said:

Where does fraud come from lol?

idk, they're trying to allege it's consumer fraud but they offer literally one mention in the paperwork, thats it

edited OP to avoid misconceptions but i require sleep any other issues ill respond to

[8uhbbhu8]

1 minute ago, SC2Mitch said:

idk, they're trying to allege it's consumer fraud but they offer literally zero mentions in it on the paperwork

Exactly. That's what i'm trying to figure out. If anything is going to win the case, it will be if they find fact of fraud. So far their is nothing to suggest that at all.

[Curufinwe_wins]

3 minutes ago, Jito463 said:

I'm not entirely surprised by this news, but I am surprised by how quickly it was put together.  Information isn't even completely compiled about the nature of the vulnerabilities, and yet they think they can make a case around it without all the facts?

That's the point... to the first filer goes any spoils. Obviously they just wanted to make sure consumers were being protected... /s

[ItsMitch]

1 minute ago, 8uhbbhu8 said:

Exactly. That's what i'm trying to figure out. If anything is going to win the case, it will be if they find fact of fraud. So far their is nothing to suggest that at all.

yeah i'll dig around in the morning for it, but for now, my bed calls upon me.

[WereCatf]

I just said yesterday that people will sue Intel for this. That said, I really doubt this case will actually result in anything.

[Jito463]

6 minutes ago, Drak3 said:

America, where you can sue for everything without understanding anything.

It is the national past time, after all.

 

Also, you misspelled America, so I fixed it for you.  Amerigo Vespucci thanks you for spelling it correctly.

[8uhbbhu8]

1 minute ago, WereCatf said:

I just said yesterday that people will sue Intel for this. That said, I really doubt this case will actually result in anything.

Money for lawyers and thats pretty much it.

[Zodiark1593]

6 minutes ago, Drak3 said:

'Murica, where you can sue for everything without understanding anything.

You can start a lawsuit for virtually any reason here. Though a Judge could just as well tell you to GTFO if he/she feels the case to be utterly pointless. The beginning door of our justice system is open to all (provided deep enough pockets).

[Drak3]

1 minute ago, Jito463 said:

Amerigo Vespucci thanks you for spelling it correctly

Amerigo Vespucci would thank 'Murica for not being a country of excessively stupid idiots. But that ain't happening either.

[Arika]

7 minutes ago, SC2Mitch said:

53. Defendant has breached implied warranties because the Intel CPUs sold to Plaintiffs and Class members were not merchantable and were not fit for the ordinary and particular purposes for which such goods are used in that the CPUs suffer from a critical security defect, requiring an OS-level software patch that will degrade the performance of the  CPU. It is not necessary for Plaintiffs to prove the cause of the Defect in the CPUs, but only that the CPUs did not conform to the applicable warranties.

yeah they have no idea how this works.

 

does that mean i can sue Microsoft because they have to keep releasing security updates for my OS that should not be there?

 

lawyers yay

[Curufinwe_wins]

2 minutes ago, Zodiark1593 said:

You can start a lawsuit for virtually any reason here. Though a Judge could just as well tell you to GTFO if he/she feels the case to be utterly pointless. The beginning door of our justice system is open to all (provided deep enough pockets).

Gotta love a legal system that can sue for anything given enough money while also offering next to no actual protections for consumers. GG. Love this country.

[Jito463]

Just now, Drak3 said:

a country of excessively stupid idiots

*sigh*

 

[mr moose]

6 minutes ago, Sierra Fox said:

yeah they have no idea how this works.

 

does that mean i can sue Microsoft because they have to keep releasing security updates for my OS that should not be there?

 

lawyers yay

 

If they win then I am sure a lawyer somewhere will try.  

[ARikozuM]

Can I expect my $30 check in two years? 

[mr moose]

8 hours ago, Jito463 said:

*sigh*

 

<snip>

I know this is going to sound awful, but the reality is that a lot of the rest of the world just shakes their head at the state of the USA at the moment.  There are pockets of supporters here and there, but for the most part the universal response is disbelief.  

[mr moose]

1 minute ago, ARikozuM said:

Can I expect my $30 check in two years? 

It'll be $14 and you will have to have bought the CPU from a specific shop whilst wearing pink undies.

[Zodiark1593]

Just now, Curufinwe_wins said:

Gotta love a legal system that can sue for anything given enough money while also offering next to no actual protections for consumers. GG. Love this country.

I also read a story about the Van Allen Belts and America detonating a nuclear device among them back in the 1960s. Because messing with what we only just discovered, and could potentially impact all of life, is a great idea.

[ARikozuM]

2 minutes ago, mr moose said:

It'll be $14 and you will have to have bought the CPU from a specific shop whilst wearing pink undies.

Damn, I was wearing tiger stripes at the time...