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1.  

   The average consumer

   

   Bandito, Oct 16th, 2006 @ 12:37pm

   
   

   Will the average consumer recognize that this is a Sony issue? My guess is that Toshiba customers who are issued a battery recall from Toshiba will actually perceive this as a Toshiba issue. Just like Dell customers will perceive this as a Dell issue, etc. That's not to say that Toshiba should be suing Sony any more than any of the other laptop manufacturers should, but I don't think you can slag Toshiba for being concerned about their brand's perception.

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2.  

   Re: The average consumer

   

   Sanguine Dream, Oct 16th, 2006 @ 12:55pm

   
   

   Not too far off base there. The first round of recalls that I heard about were for Dell and I thought it was a Dell problem but then over the last several weeks more and more recalls have been announced with the point being made that they were all Sony batteries. They could have just used all the publitcity they are paying for (minus the cost of court) and to proclaim that the Sony batteries are at fault. And if Sony were dumb enough to deny it there are more than enough big tech companies to bear witness to the fact that it is indeed a faulty Sony battery at work.

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3.  

   This isn't upsetting

   

   Paul, Oct 16th, 2006 @ 1:06pm

   
   

   I would do the same thing in Toshiba's situation. I wouldn't sue on behalf of my customers as you seem to think they should be doing. That would be senseless.

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4.  

   

   Sohrab, Oct 16th, 2006 @ 1:24pm

   
   

   If it only happened to them, I would agree but there are 2 consumers. Those who have no idea what the hell is going and those who have heard about it and have indeed read on this incedent happening a few times. I highly doubt this will hurt Toshiba in anyway.

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5.  

   The "Average" Consumer

   

   SomeOneElse, Oct 16th, 2006 @ 1:30pm

   
   

   Well, to be completely honest, it is NOT Toshiba that should be suing for this, but Dell... Thier laptop users were the first victim of this issue, the news about bad Dell laptop batteries has been all over the news, and the average consumer is, well, a pretty fickle beast when it comes to remembering the actual details of things. Almost everyone I talk to still thinks this is a Dell only issue (because that is what was in the news first, and they tune out repeat news about this subject now), and so they think thier Toshiba, Sony or other non-Dell laptops are fine, when it is actually just as likely to affect them as well. Ironic then, that it is Toshiba that is suing first, and not Dell (although I expect them to eventually sue as well).

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6.  

   Well actually it is

   

   John, Oct 16th, 2006 @ 1:31pm

   
   

   It really is a Dell problem, a Toshiba problem, an Apple problem as they all sourced a part and sold it as their product.
   
   If Ford or GM has a recall none of us blame the actual part maker but the automotive company we purchased the car from. It really is the responsibility of the company Toshiba etc. to maintain constant quality sampling and testing on parts from outside vendors.

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7.  

   Concur

   

   Faz, Oct 16th, 2006 @ 1:36pm

   
   

   An average user will not know the difference, they will blame toshiba or windows (trust me i have worked as a computer technician)

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8.  

   

   Anonymous Coward, Oct 16th, 2006 @ 1:52pm

   
   

   Why would you think that its not Toshiba's problem? Of course it is. Part of their product is the battery, and if it blows up or burns down the house, of course it hurts them.
   
   I don't look at my IBM laptop and think that the battery was made by someone else, I bought it from IBM, and they are responsible for the parts.

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9.  

   

   Anonymous Coward, Oct 16th, 2006 @ 2:16pm

   
   

   Toshiba cannot sue on its customer's behalf. It can only sue for damage done to Toshiba--hence, the lawsuit for damaging its brand.

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10.  

    

    Anonymous Coward, Oct 16th, 2006 @ 2:32pm

    
    

    With computer products though parts are more likely to be protected compared to car parts and the manufacturers may have a no tampering clause.

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11.  

    but ... they don't explode

    

    JP, Oct 16th, 2006 @ 3:17pm

    
    

    The problem with the Sony batteries in the Toshiba laptops was not the explosion issue, but that they might stop accepting a re-charge. You were saying ...?

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12.  

    

    Anonymous Coward, Oct 16th, 2006 @ 3:49pm

    
    

    Don't buy it Mike. I don't see how any insightful person could claim that just because they're suing over the brand and NOT over the risk factor means they don't care about their customers. That's a reach and sounds like you're tryin' too way to hard.
    
    It is quite conceivable that they don't have any legal argument when suing for "potential harm" but have a good case with harm to the brand. Seems pretty dumb to piss on them for this when suing for something that 'could have happened' in U.S. courts would obviously go nowhere.

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13.  

    

    A chicken passeth by, Oct 16th, 2006 @ 11:18pm

    
    

    This won't impact Toshiba's brand - they already are notorious for their laptops falling apart at the seams after a year or so of use. Batteries or not.

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14.  

    

    Anonymous Coward, Oct 17th, 2006 @ 9:16am

    
    

    Not that I'm a Toshiba fan, but they can't sue for the danger that their customers were put in. Company A cannot sue Company B for the danger that Company B put Company A's customers in. The only person that can so for that is the customer itself. It probably has to sue Toshiba directly since they are the provider of the defective hardware and then Toshiba can sue Sony directly for damages. But otherwise, Toshiba cannot sue except for damage to Toshiba, which is probably best described as damages to the brand.
    
    They can probably make a good case that customers won't buy their brand anymore because they're afraid that yet another battery would explode (even if the battery is from Joe Shmo company). A customer may blame Toshiba for not performing proper quality assurance or something similar.

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15.  

    branding

    

    ollymock, Oct 17th, 2006 @ 2:06pm

    
    

    Having spent over a dozen years working for a variety of Japanese companies in Japan, I see this action as being very Japanese. As many of the posters have outlined, the average Joe consumer (in the Americas, at least) will have absolutely no idea that Toshiba products are run on Sony batteries, thus having considerable impact on the Toshiba brand name. This type of 'character defamation' suite is standard practice over there and Toshiba will without doubt in my mind win hands down in any court of law in the Land of the Rising Sun. This debate, is in effect, non-debatable if the procedings are carried out over there; hands down victory for Toshiba!

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