I won't fix your computer since you download from the internet.
April 15, 2012 9:10 PM Subscribe
Computer repairmen broke my Mac screen while fixing my hard drive and refuse to fix it. They're threatening to report me for having pirated content on my computer if I follow through with legal claims to get it fixed. What now? (long explanation inside)
I took my Mac in to get my hard drive fixed on March 7th. I was then called on March 9 letting me know what exactly the problem was. I went into the place of business at that time and talked to one of of the employees to make sure I understood exactly what the problem was. While I was there, one of their employees had removed the screen of my iMac and was working on removing the hard drive. While I was there this employee dropped the hard drive onto my computer screen. Apparently he had forgotten to unplug the computer and was shocked causing him to drop the hard drive. As he did not say anything about this accident, I assumed everything was fine with my computer. The worker then gave me an estimate for my computer being around $80 and indicated that the work would be done by the 13th of March.
Needless to say, it was not done and we arranged to have the price lowered. Ten days after it was supposed to have been finished I got my computer back but I noticed that in the center of the screen there was a large dent. Powered on, the pixels do not light up and while the computer is functional it is no longer really usable for my needs. The owner assumed responsibility and promised to remedy the problem. Two weeks later it still hadn't been fixed and I hadn't even been contacted. He now claims it is just a 'cosmetic issue' and refuses to fix a problem that he caused.
I told him that I would be taking the matter to small claims court and he replied that I was incriminating their company and thus making them an accessory to my copyright infringement: "If you are not satisfied by this arrangement and would like to begin a more formal investigation (through small claims court or otherwise), you may force me to protect myself and my company from the legal consequences of your illegal pirated software by reporting you to the proper authorities."
I want my computer fixed. They broke it. What do I do?
I took my Mac in to get my hard drive fixed on March 7th. I was then called on March 9 letting me know what exactly the problem was. I went into the place of business at that time and talked to one of of the employees to make sure I understood exactly what the problem was. While I was there, one of their employees had removed the screen of my iMac and was working on removing the hard drive. While I was there this employee dropped the hard drive onto my computer screen. Apparently he had forgotten to unplug the computer and was shocked causing him to drop the hard drive. As he did not say anything about this accident, I assumed everything was fine with my computer. The worker then gave me an estimate for my computer being around $80 and indicated that the work would be done by the 13th of March.
Needless to say, it was not done and we arranged to have the price lowered. Ten days after it was supposed to have been finished I got my computer back but I noticed that in the center of the screen there was a large dent. Powered on, the pixels do not light up and while the computer is functional it is no longer really usable for my needs. The owner assumed responsibility and promised to remedy the problem. Two weeks later it still hadn't been fixed and I hadn't even been contacted. He now claims it is just a 'cosmetic issue' and refuses to fix a problem that he caused.
I told him that I would be taking the matter to small claims court and he replied that I was incriminating their company and thus making them an accessory to my copyright infringement: "If you are not satisfied by this arrangement and would like to begin a more formal investigation (through small claims court or otherwise), you may force me to protect myself and my company from the legal consequences of your illegal pirated software by reporting you to the proper authorities."
I want my computer fixed. They broke it. What do I do?
IANAL.
File in small claims court. Ignore their ridiculous arguments about "accessory to copyright infringement."
posted by Picklegnome at 9:24 PM on April 15, 2012 [12 favorites]
File in small claims court. Ignore their ridiculous arguments about "accessory to copyright infringement."
posted by Picklegnome at 9:24 PM on April 15, 2012 [12 favorites]
IANAL and I have no idea how much legal damage they could do to you with an allegation like that.
They sound like they were perfectly happy to work on your computer until the point that they had to pay for a new screen and now they are looking for excuses to avoid paying for the damage they caused. I assume they didn't bring up any alleged copyright infringement during the hard drive replacement phase (when it was even vaguely relevant)? This sounds like a really shady shop. I would call their bluff and not only file in small claims court but make sure that Yelp, BBB, etc. knew about their refusal to fix damage within a reasonable amount of time. As a prospective customer, seeing a review like this would guarantee that I take my business elsewhere. A competent business owner will hopefully recognize that fact and make good on this, with haste.
Note that a possible Internet smear campaign, however truthful your allegations may be, might be problematic for a small claims case, so you might inform the owner that you will not be able to favorably review his business upon completion of the small claims case, if he cannot make fair retribution for the damage. I suspect he may come around...
posted by wondercow at 9:40 PM on April 15, 2012 [3 favorites]
They sound like they were perfectly happy to work on your computer until the point that they had to pay for a new screen and now they are looking for excuses to avoid paying for the damage they caused. I assume they didn't bring up any alleged copyright infringement during the hard drive replacement phase (when it was even vaguely relevant)? This sounds like a really shady shop. I would call their bluff and not only file in small claims court but make sure that Yelp, BBB, etc. knew about their refusal to fix damage within a reasonable amount of time. As a prospective customer, seeing a review like this would guarantee that I take my business elsewhere. A competent business owner will hopefully recognize that fact and make good on this, with haste.
Note that a possible Internet smear campaign, however truthful your allegations may be, might be problematic for a small claims case, so you might inform the owner that you will not be able to favorably review his business upon completion of the small claims case, if he cannot make fair retribution for the damage. I suspect he may come around...
posted by wondercow at 9:40 PM on April 15, 2012 [3 favorites]
If they're an Apple-licensed repair shop, report them to Apple too.
The piracy reporting sounds like an empty threat, and it also sounds almost like blackmail. But then, I'm not a lawyer and I could be totally wrong. If you're really concerned about it, get some real legal advice... it may be that a firmly worded letter from a lawyer will make this whole problem disappear without even going to court.
posted by qxntpqbbbqxl at 9:53 PM on April 15, 2012 [3 favorites]
The piracy reporting sounds like an empty threat, and it also sounds almost like blackmail. But then, I'm not a lawyer and I could be totally wrong. If you're really concerned about it, get some real legal advice... it may be that a firmly worded letter from a lawyer will make this whole problem disappear without even going to court.
posted by qxntpqbbbqxl at 9:53 PM on April 15, 2012 [3 favorites]
Yeah, I'm not sure how they could even actually prove you had pirated software. Did they take video of themselves going through your folders (showing app About screens that screamed "Cracked by the Black Bag!")? Did they print up some application list that included your Mac's identification info and the apps were titled something like "Totally KRACKED version of Photoshop!"? Did they clone you hard drive?
And honestly, how is this not a blatant case of blackmail?
Please report back whatever you decide to end up doing. If you talk to a lawyer, I'd love to hear what she has to say.
And it goes without saying to hold on to any emails/voicemails these weasels have sent your way.
posted by blueberry at 10:08 PM on April 15, 2012 [5 favorites]
And honestly, how is this not a blatant case of blackmail?
Please report back whatever you decide to end up doing. If you talk to a lawyer, I'd love to hear what she has to say.
And it goes without saying to hold on to any emails/voicemails these weasels have sent your way.
posted by blueberry at 10:08 PM on April 15, 2012 [5 favorites]
Yes, report them to Apple.
---
First off, your laptop may or may not be a working external drive - hook it up to an external monitor , another computer, or another laptop and attempt to access the drive. Does it work? OK. So that is the short-term sorted. BACK UP YOUR DATA.
---
Do you have pirated software? Can they even tell??
I, too, think this claim is bogus, even if you do have pirated software. Talk to people who would know the answer about if they can tell or not, but I'm pretty sure they are completely bluffing.
Find out your rights and culpability, and make a choice.
If I were you, I'd go to small claims.
I have lots to add about on the reasons why you should roll the dice here, even if you do have pirated software, but writing on all that is probs against Mefi rules.
----
If you want the laptop to work totally, now, you could also buy a new laptop lid/screen (same thing) and self-install or pay some else to do it. Save receipts, bring them to court.
----
These guys are fucking with you. Even if you decide to move on and pursue this in court, still report them to Apple, YELP, and wherever else you can register a complaint. Even the Better Business Bureau.
Good luck.
posted by jbenben at 10:14 PM on April 15, 2012 [3 favorites]
---
First off, your laptop may or may not be a working external drive - hook it up to an external monitor , another computer, or another laptop and attempt to access the drive. Does it work? OK. So that is the short-term sorted. BACK UP YOUR DATA.
---
Do you have pirated software? Can they even tell??
I, too, think this claim is bogus, even if you do have pirated software. Talk to people who would know the answer about if they can tell or not, but I'm pretty sure they are completely bluffing.
Find out your rights and culpability, and make a choice.
If I were you, I'd go to small claims.
I have lots to add about on the reasons why you should roll the dice here, even if you do have pirated software, but writing on all that is probs against Mefi rules.
----
If you want the laptop to work totally, now, you could also buy a new laptop lid/screen (same thing) and self-install or pay some else to do it. Save receipts, bring them to court.
----
These guys are fucking with you. Even if you decide to move on and pursue this in court, still report them to Apple, YELP, and wherever else you can register a complaint. Even the Better Business Bureau.
Good luck.
posted by jbenben at 10:14 PM on April 15, 2012 [3 favorites]
OH YEAH!
In the meantime, bluff like you don't have pirated software (if you do.) Just by-pass their threat entirely, in writing and in any verbal contact (ignore it, just answer direct questions with, "You broke my screen, when are you going to fix it?") and keep demanding (you want a paper trail, emails and such) that you want them to fix the damage you witnessed. Period.
Stick to your issue, ignore theirs (the blackmail.)
posted by jbenben at 10:18 PM on April 15, 2012 [3 favorites]
In the meantime, bluff like you don't have pirated software (if you do.) Just by-pass their threat entirely, in writing and in any verbal contact (ignore it, just answer direct questions with, "You broke my screen, when are you going to fix it?") and keep demanding (you want a paper trail, emails and such) that you want them to fix the damage you witnessed. Period.
Stick to your issue, ignore theirs (the blackmail.)
posted by jbenben at 10:18 PM on April 15, 2012 [3 favorites]
How could they prove you had pirated software, without making a copy of your hard drive? (And in that case, they'd still need to check each thing, which is unlikely)
The only real risk that I'm aware of would be if you were running a business on pirated software. In that case, the business software alliance sometimes does audits if there are reports of pirated software being used. I don't think I've ever heard of an individual getting into legal trouble for simply having pirated software on their machine, as opposed to people actively distributing software. The RIAA and MPAA have gone after regular users, but those were people who they caught in the process of re-uploading through bittorrent.
Another tactic would be to threaten them with negative reviews on places like Yelp, etc. I mean obviously you should do that anyway when you get your screen fixed, but that might make them reconsider trying to screw you over.
posted by delmoi at 10:47 PM on April 15, 2012
The only real risk that I'm aware of would be if you were running a business on pirated software. In that case, the business software alliance sometimes does audits if there are reports of pirated software being used. I don't think I've ever heard of an individual getting into legal trouble for simply having pirated software on their machine, as opposed to people actively distributing software. The RIAA and MPAA have gone after regular users, but those were people who they caught in the process of re-uploading through bittorrent.
Another tactic would be to threaten them with negative reviews on places like Yelp, etc. I mean obviously you should do that anyway when you get your screen fixed, but that might make them reconsider trying to screw you over.
posted by delmoi at 10:47 PM on April 15, 2012
If you did, in fact, have pirated software on your computer and this jerk reports you to the Business Software Alliance, then it's not impossible that you encounter some trouble. The BSA is known for its strong-arm tactics against businesses -- what's unclear is whether or not they would bother harassing an individual user such as yourself.
posted by wutangclan at 10:51 PM on April 15, 2012 [1 favorite]
posted by wutangclan at 10:51 PM on April 15, 2012 [1 favorite]
I find myself wondering... how would they know what content is on your hard drive without snooping? How could they possibly know what you did or didn't pay for? I realize you took the Mac to them to get the hard drive fixed, but how does fixing a hard drive lead to them knowing that level of detail about the content of the files on the hard drive? Your drive probably has hundreds of thousands of files on it, right?
Their threat sure sounds fishy to me.
posted by 2oh1 at 11:21 PM on April 15, 2012 [1 favorite]
Their threat sure sounds fishy to me.
posted by 2oh1 at 11:21 PM on April 15, 2012 [1 favorite]
They probably copied the HDD in the process - I'd be surprised if they actually repaired the drive, they probably replaced it. It's conceivable that the tech noticed something either while copying the drive or while testing it (eg launching an application) that he/she knew to be wrong (like a known license name listed on a splash screen), but I think it's unlikely. What is more likely is that they are assuming you have pirated software on your machine because that's how they roll themselves. I agree with jbenben - ignore the threat and continue to play hard-ball about getting your machine fixed.
don't admit publicly (ie here) if you do happen to have software that you don't actually have all the paperwork for, BTW, just in case ...
posted by dg at 11:52 PM on April 15, 2012 [2 favorites]
don't admit publicly (ie here) if you do happen to have software that you don't actually have all the paperwork for, BTW, just in case ...
posted by dg at 11:52 PM on April 15, 2012 [2 favorites]
Small claims all the way.
Dude is some small business that should not be in business, and regardless of the legal status of software on your computer, he is not entitled to break things he's responsible for and not pay for them.
posted by kavasa at 12:10 AM on April 16, 2012 [1 favorite]
Dude is some small business that should not be in business, and regardless of the legal status of software on your computer, he is not entitled to break things he's responsible for and not pay for them.
posted by kavasa at 12:10 AM on April 16, 2012 [1 favorite]
"What pirated content? There wasn't any on there when I gave it to you. I'm not sure a court would look favourably on you planting stuff on my hard drive in order to blackmail me."
posted by obiwanwasabi at 1:21 AM on April 16, 2012 [24 favorites]
posted by obiwanwasabi at 1:21 AM on April 16, 2012 [24 favorites]
Ignore the threat. Even if it was completely true, it is not relevant to the facts at hand, which is them wrecking your laptop screen.
I would do the following if it was me: give them one last chance to remedy their mistakes. "look guys, go ahead and report me to the BSA if you want, just fix my screen. If you don't, see you in small claims court." If they don't do that, have Apple fix the screen. Get a receipt and take the repair shop to small claims court for the cost of repair.
Also, there is no reason why someone should get shocked from leaving a laptop plugged in. Sounds like BS to me.
posted by gjc at 3:13 AM on April 16, 2012 [1 favorite]
I would do the following if it was me: give them one last chance to remedy their mistakes. "look guys, go ahead and report me to the BSA if you want, just fix my screen. If you don't, see you in small claims court." If they don't do that, have Apple fix the screen. Get a receipt and take the repair shop to small claims court for the cost of repair.
Also, there is no reason why someone should get shocked from leaving a laptop plugged in. Sounds like BS to me.
posted by gjc at 3:13 AM on April 16, 2012 [1 favorite]
It's an iMac, not a laptop, but still, hard to imagine how a tech could be stupid enough to get tangled in that side of the power supply.
posted by dg at 5:52 AM on April 16, 2012 [2 favorites]
posted by dg at 5:52 AM on April 16, 2012 [2 favorites]
I'm a repair tech. The first order of business when I touch *anything* related to your hard drive is that it gets imaged. I don't look at the image, and it gets dumped into an encrypted container right away, but I also tell you this and make you sign paperwork before I do it. If I'm "fixing" the drive and also a software issue (virus, etc.), then that gets done after the image is dropped back on the new drive. I also make clients sign a waiver that I won't look at any data, but that if I inadvertently find CP/etc, then I will report them. I explicitly exclude normal pics/movies/music from that reporting as I have no way to know what your license status is (nor do I care.)
My agreement was drawn up by lawyers in my state, who could find no reference to any way that I could actually be in trouble by-proxy for what they had on their computers, but for me it's just a moral issue. That is---I care about CP (again, I don't look) and I don't care about piracy.
I would suspect your challenge is going to be proving they broke it (tell me you have a voicemail or something where they admit it), the piracy threat is empty. In fact, I suspect they probably use multiple pieces of pirated software in their own shop.
Not entirely your fault, but this is one reason why more people should be more concerned with their privacy as it pertains to computer repair. If I've got your hard drive, I've got *everything.* Make me assume some liability for that.
posted by TomMelee at 6:16 AM on April 16, 2012 [5 favorites]
My agreement was drawn up by lawyers in my state, who could find no reference to any way that I could actually be in trouble by-proxy for what they had on their computers, but for me it's just a moral issue. That is---I care about CP (again, I don't look) and I don't care about piracy.
I would suspect your challenge is going to be proving they broke it (tell me you have a voicemail or something where they admit it), the piracy threat is empty. In fact, I suspect they probably use multiple pieces of pirated software in their own shop.
Not entirely your fault, but this is one reason why more people should be more concerned with their privacy as it pertains to computer repair. If I've got your hard drive, I've got *everything.* Make me assume some liability for that.
posted by TomMelee at 6:16 AM on April 16, 2012 [5 favorites]
And also dg is correct, pulling a drive from an energized system? These guys are n00bs and like most n00bs who think they're awesome, he's made up something he thinks is illegal and is threatening you with it.
posted by TomMelee at 6:19 AM on April 16, 2012 [5 favorites]
posted by TomMelee at 6:19 AM on April 16, 2012 [5 favorites]
Response by poster: Thanks for all the feedback, it helps me not worry a lot. My mother has a lawyer on retainer who agreed to look over the emails and such to advise us how to go about this, so hopefully a letter from him will help resolve this without a need to go to court.
My only question now is whether or not I should pick up the computer? The repairman said he'd waive the fee for the repair and he'd "overlook" my "pirated content" (super creepy feeling knowing this guys rooting through my files, by the way.). If I were to pick it up, would it somehow be an agreement to this verbal contract he's suggesting? Should I go in and say I'd like to pay for the service so that I can get it repaired elsewhere, and that he should be expecting a court order for the damage he caused? Or should I simply leave it in his possession and file the court order, so that they can't say I damaged the screen after getting it back?
@TomMelee:
When I first went to pick it up he didn't even mention the chip, but I noticed it, pointed it out, and he agreed it was unacceptable and said they would take care of it. Unfortunately, that was all done in person and I have no hard record of it. He did say in an email that the screen had "cosmetic damage" done to it, after an email I sent to him describing the incident that I saw one of his employees drop my hard drive on it. Is that him agreeing to responsibility for it?
Again, thanks for all your help guys, this seems much more manageable now.
posted by Marinara at 8:40 AM on April 16, 2012 [1 favorite]
My only question now is whether or not I should pick up the computer? The repairman said he'd waive the fee for the repair and he'd "overlook" my "pirated content" (super creepy feeling knowing this guys rooting through my files, by the way.). If I were to pick it up, would it somehow be an agreement to this verbal contract he's suggesting? Should I go in and say I'd like to pay for the service so that I can get it repaired elsewhere, and that he should be expecting a court order for the damage he caused? Or should I simply leave it in his possession and file the court order, so that they can't say I damaged the screen after getting it back?
@TomMelee:
When I first went to pick it up he didn't even mention the chip, but I noticed it, pointed it out, and he agreed it was unacceptable and said they would take care of it. Unfortunately, that was all done in person and I have no hard record of it. He did say in an email that the screen had "cosmetic damage" done to it, after an email I sent to him describing the incident that I saw one of his employees drop my hard drive on it. Is that him agreeing to responsibility for it?
Again, thanks for all your help guys, this seems much more manageable now.
posted by Marinara at 8:40 AM on April 16, 2012 [1 favorite]
My only question now is whether or not I should pick up the computer?
This is probably exactly the kind of thing you should ask the lawyer, as it sounds like it could affect your case greatly.
That said, personally, I would pick the thing up ASAP, get it fixed somewhere reputable and then send them a bill. Unfortunately, this route means that the money you get back from them will be lessened by your court costs, may not be prompt, and may never happen (if you lose the case for some stupid reason, or the shop declares bankruptcy or some other sketchiness). If cash flow is an issue, it is probably better to pressure this guy into doing the work for free, but they will no doubt drag their feet, and probably do a half-assed job anyway.
posted by Rock Steady at 8:58 AM on April 16, 2012 [1 favorite]
This is probably exactly the kind of thing you should ask the lawyer, as it sounds like it could affect your case greatly.
That said, personally, I would pick the thing up ASAP, get it fixed somewhere reputable and then send them a bill. Unfortunately, this route means that the money you get back from them will be lessened by your court costs, may not be prompt, and may never happen (if you lose the case for some stupid reason, or the shop declares bankruptcy or some other sketchiness). If cash flow is an issue, it is probably better to pressure this guy into doing the work for free, but they will no doubt drag their feet, and probably do a half-assed job anyway.
posted by Rock Steady at 8:58 AM on April 16, 2012 [1 favorite]
Christ, what a dump of a repair shop. Are these bozos an Apple Authorized Service Provider or just winging it? Either way, I'd let Apple know about it - drop a dime on this chicanery at (800) APL-CARE
They absolutely have no business snooping your HD - that's strictly amateur hour.
In the future, if possible, backup your HD, wipe it, and reinstall the OS before handing it off for repair. (Of course, with HD issues, this was likely not possible.)
posted by porn in the woods at 10:44 AM on April 16, 2012 [2 favorites]
They absolutely have no business snooping your HD - that's strictly amateur hour.
In the future, if possible, backup your HD, wipe it, and reinstall the OS before handing it off for repair. (Of course, with HD issues, this was likely not possible.)
posted by porn in the woods at 10:44 AM on April 16, 2012 [2 favorites]
Pick it up - don't trust these jerks with it another day. They don't have any way of knowing what's pirated. Evin if your MSOffice license key is one that has been used 9 gazillion times, there's no way to know if you installed it that way, or if it's actually legit (at my work, all staff get the same lic # when imaged). I'd open an angieslist account just to report them. Def report to the Better Business Bureau and the Chamber of Commerce. They had no business browsing your files. What bullies.
posted by theora55 at 11:47 AM on April 16, 2012 [1 favorite]
posted by theora55 at 11:47 AM on April 16, 2012 [1 favorite]
Also, price a replacement monitor, and send them a quote.
posted by theora55 at 11:48 AM on April 16, 2012
posted by theora55 at 11:48 AM on April 16, 2012
Can't help you on that one Marinara, sorry. Wish I could.
posted by TomMelee at 7:04 PM on April 16, 2012
posted by TomMelee at 7:04 PM on April 16, 2012
Hello, I am not a lawyer.
The situation you have described is outrageous and this company's behavior is unconscionable. I cannot imagine working for a company that behaved like this.
Installing a hard drive in an iMac while it's plugged into an outlet is an insane level of incompetence. It's like replacing a head gasket while the car's still running. If I saw somebody doing that on a customer's machine, they'd never work on another computer again for as long as I had anything to say about it.
"Cosmetic" damage would refer only to damage that did not hinder the normal operation of your computer. If a "technician" dropped a hard drive on your LCD panel and now the pixels don't illuminate, that's not cosmetic damage, that's just damage.
It is inconceivable that they would be legally liable for the provenance of software that was already installed on your hard drive when you brought it in, unless they were somehow complicit in actually installing it. If there were any question of liability in this sort of situation then no computer repair shop or data recovery specialist anywhere would ever risk backing up a hard drive. What you're describing is a company extremely ham-handedly trying to turn the situation around on you, to bully you into dropping the issue.
Is this company explicitly an Apple-Authorized Service Provider (AASP)? If you're not sure, can you tell us who it is, or message their name to me privately so I can look into it? If you're not comfortable doing that you could use the AASP locator on Apple's site to search for them and see if they turn up.
An AASP is bound by both Apple Supplier Responsibility Policy and Apple Privacy Policy. Explicitly; AASPs must respect all customer data, and handle it in accordance with Appleās Privacy Policy, and special care must be taken to ensure that customer data is not disclosed to any third party.
I've just finished speaking with someone at Apple about your best path of escalation if you feel they are in violation of these terms, and there is no specific method for reporting this sort of thing. He advises the best contact you can use to discuss it with Apple is AppleCare, at 800-275-2273.
Now, on the other hand, if they are not an AASP then they are not bound by any agreement with Apple. But they are, of course, bound by state and federal law, modulo whatever enforceable paperwork you signed when you checked your machine in with them.
This is an area which, of course, a lawyer would be best-suited to advise you.
If you need a quote for a replacement display panel for your iMac from a reputable AASP, please feel free to send your serial number to me and I will get you an exact quote.
Cheers, and good luck.
posted by churl at 8:56 PM on April 16, 2012 [3 favorites]
The situation you have described is outrageous and this company's behavior is unconscionable. I cannot imagine working for a company that behaved like this.
Installing a hard drive in an iMac while it's plugged into an outlet is an insane level of incompetence. It's like replacing a head gasket while the car's still running. If I saw somebody doing that on a customer's machine, they'd never work on another computer again for as long as I had anything to say about it.
"Cosmetic" damage would refer only to damage that did not hinder the normal operation of your computer. If a "technician" dropped a hard drive on your LCD panel and now the pixels don't illuminate, that's not cosmetic damage, that's just damage.
It is inconceivable that they would be legally liable for the provenance of software that was already installed on your hard drive when you brought it in, unless they were somehow complicit in actually installing it. If there were any question of liability in this sort of situation then no computer repair shop or data recovery specialist anywhere would ever risk backing up a hard drive. What you're describing is a company extremely ham-handedly trying to turn the situation around on you, to bully you into dropping the issue.
Is this company explicitly an Apple-Authorized Service Provider (AASP)? If you're not sure, can you tell us who it is, or message their name to me privately so I can look into it? If you're not comfortable doing that you could use the AASP locator on Apple's site to search for them and see if they turn up.
An AASP is bound by both Apple Supplier Responsibility Policy and Apple Privacy Policy. Explicitly; AASPs must respect all customer data, and handle it in accordance with Appleās Privacy Policy, and special care must be taken to ensure that customer data is not disclosed to any third party.
I've just finished speaking with someone at Apple about your best path of escalation if you feel they are in violation of these terms, and there is no specific method for reporting this sort of thing. He advises the best contact you can use to discuss it with Apple is AppleCare, at 800-275-2273.
Now, on the other hand, if they are not an AASP then they are not bound by any agreement with Apple. But they are, of course, bound by state and federal law, modulo whatever enforceable paperwork you signed when you checked your machine in with them.
This is an area which, of course, a lawyer would be best-suited to advise you.
If you need a quote for a replacement display panel for your iMac from a reputable AASP, please feel free to send your serial number to me and I will get you an exact quote.
Cheers, and good luck.
posted by churl at 8:56 PM on April 16, 2012 [3 favorites]
This thread is closed to new comments.
If the owner admitted liability in writing, I would call his bluff. Of course, if you do have pirated software on your computer, you should think about the possible cost of having someone report that. But, initially, you could respond to him, reiterating your reasonable request, including a copy of the admission of liability or a description of it and denying any illegal software, but admitting there could be some that had been installed by his staff while working on the machine ...
posted by dg at 9:24 PM on April 15, 2012 [1 favorite]