HP settles hidden partition suit

If you're the owner of an HP PC purchased over the past few years, you may just be in line for a free Windows XP recovery CD, based on the settlement of a class-action lawsuit brought against HP over, of all things, hidden recovery partitions and missing Windows XP directories. The main allegations in the case, which was settled without HP admitting any wrongdoing, were that HP included undisclosed recovery partitions on PC hard drives, and didn't include the "ValueAdd" and "Support" folders that are included on standalone copies of XP. To be honest, we're still shaking our heads over this one; OEM copies of software are often different from retail copies, and HP certainly isn't the only PC company that has stuffed a hard drive with extraneous files, hidden partition or no. Somehow, we think that with all that's going on at HP lately, it was just easier for them to settle this and send out a bunch of CDs than to let it drag on.

[Thanks, Adam]

[JK @ Dec 19th 2005 1:36AM]

Ok... so how do i get hold of a cd?

JK

[JK @ Dec 19th 2005 1:36AM]

Sorry, followed read link...

but i'm in the UK, so this doesn't affect me?

Anyone help?

Thanks, JK

[Tweaq @ Dec 19th 2005 1:36AM]

ahhh gay. so this doesn't apply to compaq(which HP own)? hate to admit it, BUT i do own a (upgraded) compaq that i bought on sale, and i do love the free stuffs.

[Dave @ Dec 19th 2005 1:36AM]

If you look at HP's moves in the past few days, it's apparent that they're looking to get past areas that are hurting them financially. iPod ... dropped. Asian camera market ... dropped. Settlement of this suit. It's apparent that somebody there is making a big effort to get the company into better fiscal shape.

[dcwirtz @ Dec 19th 2005 1:36AM]

Don't forget about the 15,000 employees they just 'dropped' as well. :-(

[Nick @ Dec 19th 2005 1:36AM]

You are missing the point. The user wanted a full recovery CD with all XP components. This way, they can reinstall the PC in case of hard disk crash AND they can also use the SUPPORT XP files which are very handy and appear on the XP CD.
Simply put, if HP does not provide _at_least_ the full content of a normal XP CD (they can add stuff), then there bundle cannot be called Windows XP. It's something else based on XP.

How would you feel if you discovered that your XP PC does not have, say, fast user switching?

And, when your HD dies, you are toast because you have no way to reinstall it? (other than reorder a preinstalled HD from HP...)

This is the gist of it. I think retailer that do not provide a recovery CD or DVD with the FULL OS need to be slapped. We are talking about <$1 media here...
(the hidden partition _is_ a good idea howevere)

[Beverly Simerson @ Dec 19th 2005 1:36AM]

I have had nothing but trouble with my HP computer, they have tried all kinds of things to fix it and all were not the problem, the pc malfunctioned and destroyed my web cam and it has never shut off when I want to shut down, I have to manuly shut it down, I contantly get error messeges and it seems as tho something is always running in the back ground, Hp put in a new sending unit, I got messege I no longer had a dvd drive, had to send it in and HP put in new dvd drive, HP put in a new hard drive and the tech. told me that I didn't need it because that isn't the problem, and now the pc doesn't recogize the A drive, I can't open the doors to my dvd or cdrw doors, and now also it will just log off in the middle of doing anything, never shuts down completely just says saving info. I have bought a lemon and HP has kept putting me off by doing all the unnessary repairs. How can I get the cd?.......I am ready to try anything at this point, my frustration with this lemon has made me a sour puss for HP, lol just a little humor here, I need it to keep me from using a mall on the computer

[Rob @ Dec 19th 2005 1:36AM]

I've run in to this before - dead HP desktop, no recovery CD and the manual basically says "you should have made a CD." This is a nightmare of an out-of-box experience for a customer. Joe Sixpack buys a new computer and the first thing they're going to do is make a recovery CD for when the thing innevitably dies?

Anyway, they offer a recovery CD as a replacement part on their web site, but of course not one for a computer as old as the one that's just died.

As for the Compaq comments, they are part of the same company but Compaq branded computers seem to still come with a recovery CD.

[Ty @ Dec 19th 2005 1:36AM]

Once I past the 1 year mark after the warranty of course my PC began to experience problems and finally the one day it had a major melt down. Like most other companies HP takes a good chunk of HD space a creates a recovery partition. So your 80 gig hard drive is really 50 gigs etc.. That�s fine and dandy if your computer still works but you�re totally screwed if that drive is corrupted. I went through the process to obtain recover cds you know call India and such gave them my exact details printed on the side of the machine, now I pay for the cds to be shipped to me even though I purchased the OS with the machine long story short when my 8 cds came in the mail they were for the wrong computer it took three times to get it right after I called someone from their internal repair dept. I don't care if it's cheaper for companies to put it on the machine you�re paying for the OS anyway give me the damn cd. If I was purchasing a new system today I would demand the actual cd before I buy.

[Ty @ Dec 19th 2005 1:36AM]

After googling it

http://www.computersettlement.com/default.aspx

Is the actual page for the settlement for all that's interested.

[AlcoholicJackson @ Dec 19th 2005 1:36AM]

I work with these systems all day in a service center in major electronics retailer.

In most ways a "hidden partition" recovery is much better than a cd set. Many customers frequently lose their discs over time, but with the recovery parition it's always on their drive. And it's not a "significant portion" of their drive. The recovery partition takes up no more than 5 gigs of space for all of Windows, all drivers, and all installed apps.

Second thing to note is that ALL HP desktops Do give you the option to create your own recovery discs. It says it as the first thing after setup in the manual, plus is bugs you about it after a wek of use. This is always reccommended to the customer in the instance if their hard drive becomes physically dead, they still have an option to replace their drive and re-install windows. (without having to re-activate too)

Thrid, most people realize that the version of Windows you get from an OEM may not be as complete as the one you get off the shelf. Then again, the one off the shelf usually doesn't come with all the extra useful software that HP includes, like Norton, Works, and other things.

Personally, I feel a lawsuit like this is one with no real vitims, and whatever it's outcome will not hurt or help either party.

[Matthew @ Dec 19th 2005 1:36AM]

Coming from a system builder perspective here, I'm glad HP got hit with this. Microsoft REQUIRES us all to give physical CD's with each PC sold with an XP CAL. Of course this costs us a whole lot more than HP (or any other OEM for that matter) has to pay. It isnt fair really and its the sole reason why these big OEM's can sell their PC's a lot cheaper than everyone else. There is no telling what they pay for an OEM license vs us system builders that have to pay near retail prices for an XP license and CD.

[Ethan @ Dec 19th 2005 1:36AM]

Man i had to go through a big hassle with HP a few months ago. When i bought my computer it didnt have the recovery cds needed. I thought nothing of it because my hard drive had a partiton for recoveries. One day i tried to reinstall windows through the hard drive and it wouldnt work. So I restarted the computer but i got this message saying something about "code purple" I called HP demanding a recovery cd, but they said since my warranty was over i had to buy it. This happened after going through their horrible costumer service. Eventually i used my friends windows cd to reinstall it. It was the last hp computer i bought

[Adam Wyss @ Dec 19th 2005 1:36AM]

I'm the guy that tipped off on this story, and this was actually before the ipod thing. The hearing took place back on july 26. As far as creating backup cd's, the pc does not badger you to create a cd-rom backup. we have had our hp pc for a little over a year and a half, and it NEVER prompted us to create backup cd's. Also, the partition took up much more space than you would think. We ordered an 80 GB hard drive on our computer, and we only had 67-ish useable because of the partition. Technically we had XP installed twice, because the windows directory was in the regular place, plus it was in the backup partition, on top of all the applications included, plus the drivers, and all the files to turn that computer basically from microsoft windows xp to hp windows xp, everything was branded in some way, shape or form.

[Darkworld Chronicle @ Dec 19th 2005 1:36AM]

It would be nice just to get a built PC without all that outher BS, Just gives us a good copy of XP

[Tom @ Dec 19th 2005 1:36AM]

Oem software is used to make things easy for a user as sometimes using a windows cd will confuse and make driver and software installation alot harder.Oem recoverys make things alot easyer for less expirenced users and are very good for phone support and a final hardware diagnosis.I say that if you are a more advanced user don't by oem pcs.
If you want your own XP disk build a computer and buy XP.Its very simple and I don't understand the problem as if you are a less advanced user,using the recovery console on an XP cd will be hardwork and you will have to probebly pay for support doing this.
The �ValueAdd� and �Support� folders are not something that you really need when using a pc. Whats the fuss about???

[Wizard Prang @ Dec 19th 2005 1:36AM]

RANT MODE ON

IMO Every system should come with proper Windows Install media or the ability to make one - NOT a "System Restore Disk" that WIPES YOUR DATA.

One of the biggest problems that I have with XP is if it is unbootable there is no easy way to get to your data. On one occasion a friend had an unbootable Sony VIAO Laptop (*ugh*) with his term papers (due in a couple of days) on it. Naturally he had NO backups. Sony Tech Support was about to have me to a system restore when I innocently asked what would happen to the data. After a short pause they admitted it would toast all data, including the term paper, which I had already told them was not an option. They said there was nothing to be done. I suggested pulling the HD and plugging it into a working system. They didn't know for sure. I tried it and rescued the data.

Sony, your so-called support is useless. You pay peanuts, you get monkeys. Oh, and any recovery solution that wipes your data is totally unacceptable.

RANT MODE OFF

[Tom @ Dec 19th 2005 1:36AM]

In responce to the last remark. Wizard if personal data is so important to you regular back ups should be done.What if your HDD falls over?? What is the point of giveing 70% of the genral public an XP cd when they don't even know how to use it and have them mess there pc up.I think you need to expirence telephone support before you make that sort of sugestion.Hardware normally is only supported by most manafactures so as long as the hardware works that is a manafactures main concern.No company has the time or resorses to talk an end user through a full XP install with drivers.Some times with basic users its difficult enough trying to help them get to the all programes menu in start.Please believe me I have to go there every day.

[ray @ Dec 19th 2005 1:36AM]

My computer shipped with an HP/Microsoft OS CD and a set of 4 recovery disks. I caught the sasser virus and had to recover my data using a ghosting program. When I explained to HP product support I wanted to preserve data on the hard disk, they suggested I send them the compter so they could reformat it. Now, after I have wiped the hard drive, when I install XP, the product key from the bottom of my pc is "incorrect" when I go to activate windows. HP is forcing us to use the sysem restore cds!

XP has never run better on my machine with out all of HP's crap on it.

[RFSharpe @ Dec 19th 2005 1:36AM]

This settlement is justice being served. I have worked on many of the HPs listed in Exhibit A. Some of the CD Restore Disc Sets worked. Some of them did not.

I remember one HP Pavillion XT963 that I worked on. On this computer the Restore Partition was corrupted. I ordered the restore CDs. After installing them several times, I discovered the CDs were for a different model of Pavilion.

The evidence of this was the size of the partitions created by the restore CDs (much to small) and the video drivers (for a completely different video card). I contacted HP and after several phone calls, I finally convinced them that the CDs that they sent to me were incorrect, so they sent me another set. When the new set arrived, they were identical to the original CD set. They had obviously the incorrect CD set associated with the XT963 Pavilion in their inventory. I had to have my customers purchased a copy of XP Home at the store.

When I purchased the CDs the cost was $20.00. The cost to the company at the time of manufacturing might be $2.00. So they are "passing this savings along to you." If they are cost cutting in this area, can you imagine the other ways they are cutting costs in manufacturing! Because of this logic, I have never purchased a consumer HP Computer and never will.

[hclihn @ Dec 19th 2005 1:36AM]

If you did not know this settlement and not register to the web site (www.computersettlement.com) before Sep. 9 (as I did), you will not be able to download the software that makes the hidden partition visible. Are you out of luck? No, not quite.
There is a shareware called Drive Snapshot (http://www.drivesnapshot.de/en/) that can help you. This shareware is able to image the hidden partition and, even better, allow you to access the files in the image (via a virtual drive). The shareware has a 30-day trial period long enough for you to extract all the file in the hidden partition and back them up somewhere else.
The total size is about 4GB. You can extract the files and backup them on a DVD. Or you can back up the image files (they are divided into roughly 650MB chunks) on VCDs. However, to use these images in the future, you may have to buy the shareware.
I tried this approach and it worked for me.

[Jack McLeod @ Dec 19th 2005 1:36AM]

My biggest concern is not being able to slipstream Service Patch 2 into XP without an installation CD. I also cannot slipstream the latest drivers or updates or patches. There have been hundreds of updates etc since the recovery partition was created. In reality, the pc will be extremely vulnerable if it is brought back to the recovery state. Maintaining the latest updates and protection is critical in operating a pc today, and without a bona fide XP installation cd, it is difficult to maintain. Besides slipstreaming updates etc, using a ghosting program is also a good idea. The lack of a XP cd from HP hinders this process also. I have tried Symantec Ghost, and Bart's PE. Thanks for making everything so difficult HP. When I contacted support, I rarely receive an honest reply to these issues.

[Jim @ Dec 19th 2005 1:36AM]

I currently have the HP hidden partition problem. The partition has XML code that destroys the OS when I load the OS. I believe the recovery CD's that I bought have the destructive partition that is laid on the drive.

I have experienced this on three different drives, Maxtor, WD and Segate. The same problem surfaces on these drives even when I attempt to use them on another computer after using the HP recovery CD's.

I can't remove the hidden partition with FDISK, Norton, the drive MFG CD's for formatting the drives or partition magic. Hidden partitions are great unless a virus or a disgrunted HP employee adds milicious XML code in the partition. I have purchased two sets of recovery HP CD's and they both have problems. HP has not been any help. I may never purchase an HP computer again personal or professional and I am in the IT profession. The frustration is very difficult. I had no idea a class action was going on with HP or I would have joined in.

I have an HP Pavilion a545c. Has anyone else experienced this problem?

[John Kirkland @ Dec 19th 2005 1:36AM]

After purchasing my hp pc,microsoft will do anything to keep from helping me with a trial key,or giving me any help to use my recovery discs.

[David Cornell @ Dec 19th 2005 1:36AM]

Hey can anyone tell me if they rec a cd from Hp yet I think I read somewhere that they were to be shipped by the end of oct I still don't have mine yet

[Michael @ Dec 19th 2005 1:36AM]

Recovery CD's were supposed to be sent out by the end of October, I have not recieved any either. I joined in the class action because of consistant problems with recovery.
I have not recieved the recovery (back-up) Cd's as promised and am beginning to wonder if they will ever make good on thier setlement???
It is now December, and I am getting upset.

I like my hp and I want to believe in hp, but they are destoying my confidence. The e-mails I send go ignored.... what is going on here?

[John Bowman @ Dec 19th 2005 1:36AM]

My wifes grandfather has a 2002 HP Pavillion 551W and he also purchased the 8 cd system recovery cds for 23.99. It loads all 8 and then gives us a "Cannot create user partition" error and "System Recovery cannot continue" after it formats and wipes out the system. We called tech support and they wanted $59.99 for a half hour tech support. I laughed at the guy and told him what I thought including the 23.99 wasted on the 8 cds. Any answer to this partition problem without paying for tech support???

[brucejr @ Oct 11th 2007 1:01PM]

i need a set of the restore disc's for the xt963 modelp5274a does anyone have a set of these???

[Greg @ Dec 30th 2005 5:13AM]

I'm so angry at my Pavilion. I haven't used the thing hardly at all in the last year because I couldn't reformat the hard drive & basically "kill'em all, let God sort'em out" of all the problems that existed in the system software. I just wrote a eMail to HP, which maybe, **MAYBE** they'll try to make things right with me with all this. I (like others) finally got another hard drive, installed a clean/FULL version of XP, and wow, it actually semi-works well. For as little as I use it for, it's working well short of missing critically needed drivers (i.e. sound, which isn't posted clearly on their website to find the drivers for their hardware, which YES I HOPE SOMEONE FROM HP IS READING THIS) but the only thing this computer will be used for anymore since I have a ThinkPad that hasn't given me a fraction of problems, and it's proven to be a much more reliable computer for even being a used computer, (YES, A **USED** IBM THINKPAD T23 WITH WINDOWS 2000 & A PENTIUM III IS A BETTER COMPUTER THAN A PAVILION 551W) is to basically use the HP for playing my music. That's it! So if I can't get the drivers from them, I'll probably pull the drives, donate the logic board to a used computer shop, smash the case with a sledge hammer and deliver it to one of the company locations here in town ;)



It's funny too... I bought my iPod about the same time as the Pavilion... I spent about the same amount on my iPod as buying the Pavilion, and it's a interesting contrast. The iPod, I love & adore, the Pavilion, well, yeah...