[rescue] Re: the infamous missing CD

Earl D. Baugh Jr. earl at baugh.org
Fri Sep 5 10:36:48 CDT 2003

  > 1) How did you get this to happen, it hasn't ever happened to me.
  >         For this install, I installed a full install of Solaris 9.

  You are using the installation CD.  Don't do that.  Use the "Solaris
  Software 1 of 2" CD.  You will get no errors performing a full
  from there.  The installation CD is a waste of bandwidth and media.

Ok, I will try that on the next machine I load on.  You just boot off of
Solaris Software 1 of 2?
(and btw, Lionel, I believe it was full install with OEM support that I
selected.....) I did start with the Solaris Install

  > 4)  You're being unfair to call this a bait-and-switch.
  > The definition of "bait and switch" according to
  > http://www.investorwords.com/cgi-bin/getword.cgi?389 (which is
  > in the stock arena, but quite clearly not in this case) is:

  Okay, how about an authoritative definition, like from Black's Law or
  the OED?  I'm willing to bet that the legal definition for "bait and
  switch" invloves you needing to buy a product in the first place.

I don't have a subscription to the OED (it's $295 a year).   I'll did
some checking
and am not quite sure how to access Blacks (I see the company that
publishes it...)

However, the one legal dictionary I found that had the term listed, was
at http://jurist.law.pitt.edu/dictionary.htm :

bait and switch
n. a dishonest sales practice in which a business advertises a bargain
price for an item in order to draw customers into the store and then
tells the prospective buyer that the advertised item is of poor quality
or no longer available and attempts to switch the customer to a more
expensive product. Electronic items such as stereos, televisions, or
telephones are favorites, but there are also loan interest rates which
turn out to be only for short term or low maximums, and then the switch
is to a more expensive loan. In most states this practice is a crime and
can also be the basis for a personal lawsuit if damages can be proved.
The business using "bait and switch" is an apt target for a class action
since there are many customers but each transaction scarcely warrants the
costs of a separate suit.

Doesn't seem to mention buying a product is necessary for this to be
claimed.   I don't have access to Blacks or the OED here at work, but
I'll check
them out next time I'm at the library and see what they say.  I wasn't
aware of Blacks (sounds like a good reference to buy), thanks for that
and you reminded me to pick up at least a pocket OED for here at work..)

  > The cost of the Solaris 9 SPARC platform download images are built
  in to our overhead cost since the SPARC OS is developed specifically
  > our Sun Systems.
  > So, it would seem to support the above, and imply that license
  costs are built into the overhead....

  cost of download images <> software license cost - two unrelated

So, you believe they're just talking about manufacturing cost?  That's
not how I read it...though I can see how that might be the

  If I can get the image, that does not convey a license to use - that
  is a seperate exercise from sun.

True, just downloading the software doesn't mean you'll be able to use it
without a license.   Sun does
that with their compilers...you can get a trial license, and after that
expires, the software, while still on your box, doesn't run,
unless you're willing to pay for the license key.  I did that with the
Workshop license I got from them...I downloaded the trial,
made sure it would work with the code I was working on, and then bought a
license (a fairly sizeable investment...) 

However, that doesn't prevent Sun from making it available for
download.   I didn't have
to buy the software before I could examine it...though plenty of software
does have that requirement...

I wouldn't have had a problem with the software on the missing CD being
available, and requiring a license for the components that
Sun or a 3rd party wanted an additional license cost .....

  Also, "bait and switch" would involve (in my definition):

  1) an offer of one item for sale, with no intention of giving that
  item to the buyer (i.e. an ad for a refrigerator that they do not
  have in

  2) redirecting the buyer to another item (typically of lesser
  quality, higher price, or both)

To me, it implies that they could offer you something that they said
"won't quite work in your environment", while they direct you
to a more costly solution.   Guess we just have a difference of

  Sun, in my opinion, simply failed to document the contents of the
  package (the free download), nothing more...

That may indeed be the case.  But I find it surprising that they had the
problem with their 4/03 release (which I sent them
a note about) and now in their 8/03 release.  Perhaps their support
people on this download don't pay attention to the notes
sent them, or perhaps it's not all that important to them.  I dunno, but
a, in all probability, 8 month window of having this problem
seems suspicious to me. 


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