dCS threatens with a 7-figure lawsuit over a review

[Billy Budapest]

Just a quick observation -- I've been a commercial insurance broker for over 40 years. While you are correct about the unendorsed ISO CG 00 01 commercial general liability form, the reality is that personal injury coverage (libel, slander, etc.) is excluded when CGL policies are written for media based companies. To get libel and slander coverage for a media company, they'll need a specialty policy which will cost a lot more, and will probably have a sizable deductible as well.

Just don’t purchase the exclusion. Yes, the premium would be higher. As far as the deductible, underwriters determine the SIR based more on the capitalization of the company than anything else. Coverage for a one man shop isn’t going to be written with a large SIR.

 

[danadam]

Another update from dCS

...
My statement was issued in good faith and based on information I believed to be accurate. I have since discovered that certain information regarding this matter, provided to me by an individual at dCS, was not correct. This individual no longer works at dCS.
...

GoldenSound, headphones.com & dCS: an update

On July 15th I published a statement responding to videos posted by GoldenSound (Cameron Oatley) and headphones.com, which detailed recent communications between dCS and GoldenSound regarding a review of the dCS Bartók Headphone DAC. After reading headphones.com’s official response to this...

dcs.community

 

[Robin L]

Another update from dCS

GoldenSound, headphones.com & dCS: an update

On July 15th I published a statement responding to videos posted by GoldenSound (Cameron Oatley) and headphones.com, which detailed recent communications between dCS and GoldenSound regarding a review of the dCS Bartók Headphone DAC. After reading headphones.com’s official response to this...

dcs.community

Wow.

Just wow.

 

[kemmler3D]

Another update from dCS

GoldenSound, headphones.com & dCS: an update

On July 15th I published a statement responding to videos posted by GoldenSound (Cameron Oatley) and headphones.com, which detailed recent communications between dCS and GoldenSound regarding a review of the dCS Bartók Headphone DAC. After reading headphones.com’s official response to this...

dcs.community

IMO makes them look better than previous communiques they've put out in this little drama. Kinda wild that it got that out of hand, if what they say is accurate, though.

 

[restorer-john]

He does check intersample clipping though, which is not done here, and is a fundamental aspect of how a DAC operates, so there is no excuse for a site called AudioScienceReview to not start immediately adding it.

Intersample clipping/overs are a mastering/software problem, not the responsibility of a D/A converter to remedy.

 

[jdjung]

Your various interactions with manufacturers/importers prior to the review are not remotely transparent to the review reading public- that is the issue.

A public right to reply immediately after the review is posted is the least you can offer. Again, whether they choose to take it up is neither here nor there.

No need to get so defensive either- this is common sense.

Then do it yourself. If you're so great at using your common sense then do it, create a better website and testing. I'm so tired of people complaining to Amir in a "holier than though" attitude, when he has single handedly created an amazing resource for us, and pray peoples non constructive/negative comments affect his hard work in maintaining and creating content. Amir saying he does contact them and they have every right to post shows he is being fair to the manufacturer. His defensiveness is justified, stop gaslighting.

 

[jdjung]

Unneccessary escalation driven by the topic.

I never speak for other people, I think the point was just to make sure the manufacturers' comments are clearly invited and -if they come in- get like the 1st reply post in the review.

Absolutely nothing else.

It wasn't unnecessary, maybe you're to sensitive. Amir places any corrections and manufacturer correction in the actual review with edits. Are we not on the same website?

 

[amirm]

I was going to suggest that the Managing Director likely wasn't told the whole truth but thought the chances of that would be low. I guess it wasn't.

Seems like all is well.

Now, I need to write a review that makes them upset so that they send me one of their expensive DACs too!!!

 

[Robin L]

I was going to suggest that the Managing Director likely wasn't told the whole truth but thought the chances of that would be low. I guess it wasn't.

Seems like all is well.

Now, I need to write a review that makes them upset so that they send me one of their expensive DACs too!!!

Go for it!

 

[amirm]

Just a quick observation -- I've been a commercial insurance broker for over 40 years. While you are correct about the unendorsed ISO CG 00 01 commercial general liability form, the reality is that personal injury coverage (libel, slander, etc.) is excluded when CGL policies are written for media based companies. To get libel and slander coverage for a media company, they'll need a specialty policy which will cost a lot more, and will probably have a sizable deductible as well.

Indeed, that is the case with me. The exclusion section states:

"The following exclusion is added to Section B. EXCLUSIONS:
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of:
(1) An error, omission, defect or deficiency in:
(a) Any test performed; or
(b) An evaluation, a consultation or advice given, by or on behalf of any insured;
(2) The reporting of or reliance upon any such test, evaluation, consultation or advice;
(3) The rendering of or failure to render any service by you or on your behalf in connection with the selling, licensing,
franchising or furnishing of your computer software to others including electronic data processing programs,
designs, specifications, manuals and instructions; or
(4) An error, omission, defect or deficiency in experimental data or the insured’s interpretation of that data."

They specifically go after the fact that I test things!

 

[Doodski]

This insurance does not apply to - property damage

Does this include water and electrical damage?

 

[jdjung]

I was going to suggest that the Managing Director likely wasn't told the whole truth but thought the chances of that would be low. I guess it wasn't.

Seems like all is well.

Now, I need to write a review that makes them upset so that they send me one of their expensive DACs too!!!

We need to hold BillK to make sure this guy that posted this ridiculous response that he would not buy DCS unless they sue stays true to his word.

 

[amirm]

Does this include water and electrical damage?

The above refers to damage done to others. If you are asking about damage done to my gear and such, at high level it says it is covered. But then has dozens and dozens of qualifications so I don't really know.

 

[Tranquility Bass]

Intersample clipping/overs are a mastering/software problem, not the responsibility of a D/A converter to remedy.

You're wrong ! It's a problem any time there is upsampling or sample rate conversion to a higher sampling rate thus producing intermmediate samples that exceeds the internal word limit of the DAC or sample rate converter. This would not normally be a problem if the native sample rate was used and the converted samples were passed directly to an analog reconstruction filter

 

[WalterW]

Another update from dCS

GoldenSound, headphones.com & dCS: an update

On July 15th I published a statement responding to videos posted by GoldenSound (Cameron Oatley) and headphones.com, which detailed recent communications between dCS and GoldenSound regarding a review of the dCS Bartók Headphone DAC. After reading headphones.com’s official response to this...

dcs.community

That is a lot of backing down. Quite a turn in attitude. Probably they saw the wind blowing too strongly against them. What is missing is that they concede that their prices are ludicrous and lower them to maybe 10% of the current ones.

 

[boxerfan88]

Another update from dCS

GoldenSound, headphones.com & dCS: an update

On July 15th I published a statement responding to videos posted by GoldenSound (Cameron Oatley) and headphones.com, which detailed recent communications between dCS and GoldenSound regarding a review of the dCS Bartók Headphone DAC. After reading headphones.com’s official response to this...

dcs.community

Good recovery.

 

[boxerfan88]

What is missing is that they concede that their prices are ludicrous and lower them to maybe 10% of the current ones.

Why would they? They have every right to operate in the luxury segment of the market.

 

[WalterW]

Why would they? They have every right to operate in the luxury segment of the market.

Sure they have any right. But we all know that the performance does not justify the prices. What is the luxury segment in audio actually, when the gear does nothing measureably better? Better design? I see nothing special in their devices. Better materials? Neither. So what is it then?

 

[Nuni]

I'd rather buy five DACs at a total of $1000 over 25 years than pay $20,000 for a DAC that's functional but outmoded in 25 years. Let's be realistic - the state of the art moves forward very quickly in the digital domain. I've been very happily using my Topping E30 for four years, won't think of replacing it until it (or if) it breaks down. At one time dCS was SOTA, but that's no longer true.

Based on what I have read of the quality control of a particular dac often gushed over by posters here I think you might have to buy a new one every few months.

 

[nugget]

Sure they have any right. But we all know that the performance does not justify the prices. What is the luxury segment in audio actually, when the gear does nothing measureably better? Better design? I see nothing special in their devices. Better materials? Neither. So what is it then?

They are selling something other than (just) performance. Nothing wrong with that at all.