XDA-1 gainproblem solution?

[Lonnie]

Dec 16, 2010 18:33:41 GMT -5 xyz1 said:

Dec 16, 2010 18:12:12 GMT -5 Lonnie said:

Hmmm..Well Fraud would be defined as an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent.

Since every unit has a 30 day audition period and can be returned for a refund, there goes the personal gain aspect and since the units were sold to a variety of individuals, there goes the damage to an individual. ;D So calling it fraud implies a willful attempt to decieve which was not the case and therefore could actually be considered a slanderous statement, in my opinion. ;D
Disclaimer: I'm not a lawyer but I play one on TV. ;D (I hope you do realize I am making a joke here)


Guys relax. No one has been harmed here. If anyone is unhappy with the unit, send it back. All this speculation is getting out of control.

I was just going to post this definition. Watch what you write srb, Emotiva could put some hurt on you if they wanted, just like Lonnie said in his post.

Two torts that involve the communication of false information about a person, a group, or an entity such as a corporation. Libel is any Defamation that can be seen, such as a writing, printing, effigy, movie, or statue. Slander is any defamation that is spoken and heard.

Collectively known as defamation, libel and slander are civil wrongs that harm a reputation; decrease respect, regard, or confidence; or induce disparaging, hostile, or disagreeable opinions or feelings against an individual or entity. The injury to one's good name or reputation is affected through written or spoken words or visual images. The laws governing these torts are identical.

To recover in a libel or slander suit, the plaintiff must show evidence of four elements: that the defendant conveyed a defamatory message; that the material was published, meaning that it was conveyed to someone other than the plaintiff; that the plaintiff could be identified as the person referred to in the defamatory material; and that the plaintiff suffered some injury to his or her reputation as a result of the communication.

You mean I was actually in the ball park? ;D

Honestly it is trully sad to see the direction this thread has taken. Those of you who have been around for a while can back me up on this. We have never willfully decieved anyone. If we make a mistake, we make it right. We have never abandonded our customers, domestic or international and have always gone above and beyond to help them. But these last few post go beyond reason which makes me think the best course of action maybe none at all. If we release an alternate code set for the unit, then what? What door will that open when you consider this is just a thread and it has spiraled out of control. I don't know, we still need to finish testing before making any decisions.

[ripcordaff]

I agree. This thread has gotten out of control. It began as a civil discussion about a technical aspect of a unit. Emo, Please lock it. I imagine that you have specific questions regarding YOUR SITUATION and YOUR particular liability re shipping CALL EMO and they'll be happy to help...sheesh...

[rogerwilco]

Dec 16, 2010 19:18:55 GMT -5 Lonnie said:

If we make a mistake, we make it right. We have never abandonded our customers, domestic or international and have always gone above and beyond to help them.

That is the jist of it. Sit back guys and let Lonnie and Dan get a handle on this, they have always done right by the customer and I am sure they will this time. Personally I don't have a problem with the volume using it as a preamp. I love it. Hooked straight into my LPA-1. Sounds awesome.

[klinemj]

+1...they do always do right by the customer. Hang tight and wait. If your 30 days is coming up, call them and talk it though. Worst case - you ship it back if you don't like the product. That is the deal we all agree to...

[ajani]

Dec 16, 2010 19:18:55 GMT -5 Lonnie said:

Dec 16, 2010 18:33:41 GMT -5 xyz1 said:

I was just going to post this definition. Watch what you write srb, Emotiva could put some hurt on you if they wanted, just like Lonnie said in his post.

Two torts that involve the communication of false information about a person, a group, or an entity such as a corporation. Libel is any Defamation that can be seen, such as a writing, printing, effigy, movie, or statue. Slander is any defamation that is spoken and heard.

Collectively known as defamation, libel and slander are civil wrongs that harm a reputation; decrease respect, regard, or confidence; or induce disparaging, hostile, or disagreeable opinions or feelings against an individual or entity. The injury to one's good name or reputation is affected through written or spoken words or visual images. The laws governing these torts are identical.

To recover in a libel or slander suit, the plaintiff must show evidence of four elements: that the defendant conveyed a defamatory message; that the material was published, meaning that it was conveyed to someone other than the plaintiff; that the plaintiff could be identified as the person referred to in the defamatory material; and that the plaintiff suffered some injury to his or her reputation as a result of the communication.

You mean I was actually in the ball park? ;D

Honestly it is trully sad to see the direction this thread has taken. Those of you who have been around for a while can back me up on this. We have never willfully decieved anyone. If we make a mistake, we make it right. We have never abandonded our customers, domestic or international and have always gone above and beyond to help them. But these last few post go beyond reason which makes me think the best course of action maybe none at all. If we release an alternate code set for the unit, then what? What door will that open when you consider this is just a thread and it has spiraled out of control. I don't know, we still need to finish testing before making any decisions.

Just one last thing and I'm gone from this thread as promised:

I strongly advise consulting Emotiva's legal counsel before making a decision on a course of action... While it may hurt you personally that questions of fraud were raised, as you had no intention to rip anyone off, that doesn't mean that many of the points raised in this thread are not valid...

So I would suggest ensuring that you are not indeed responsible for accidentally misleading customers... While I would have no intention of taking the matter to court (and would just cut my losses), I can't speak on behalf of all customers who have experienced the volume issue.

[tonys]

I'm done here as well, but for the fun of it I ran the XDA direct into my VTL Compact 100's. 0.5 was a very low, 3.0 was normal listening, and 6.0 was loud. Incremental changes were fine, so I still hold firm there is nothing wrong with the XDA.

Goodnight Gracie, goodnight George...

[ripcordaff]

Oh god, Please lock this...

[cawgijoe]

Unbelievable!

Folks need to take a chill pill and relax. My mind has been boggled..........this court talk makes absolutely no sense.

[Lonnie]

Hello one and all,

Well we finished the testing of the revised code which will change the taper of the volume control from linear to log. We realize some of you would prefer this to give you better low level volume control over the DAC as it steps off from the 0 point. So we have decided to offer this as an alternative code set anyone who would like it. What you will need to do is call and get a RA#. Send it in so we can re-program and test it and we will ship it back to you.

For our international customers, we haven’t forgotten about you. At present we don’t have everything worked out as to the best way to take care of you, but we will make it as painless as possible. For the time being, please just send an email to [e-mail] and tell them you want to get on the list to change the volume control on your XDA-1. Once we have it all worked out, we will contact you and let you know.

As always, thanks to everyone for their support and feedback.

Lonnie