[SprintTouch08]

yes and going back to a car analogy, this is like saying an 07 car had 350hp and a 0-60 of 4.5sec, but the 08 had 400 and did 4.7 sec. Why? well they didnt advertise the new model weighed an extra 500 pounds slowing it down. All that was clearly seen and highly promoted was the all new more horsepower jump. This is the biggest flaw in htcclassactions argument is that never was 3d specifically mentioned. A "rich media experience" and such phrases are all in the interpretation and is a poor assumption to imply 3d. i personally have no media problem on my touch with music or videos, while not as ideal as they probably could be, they arent lacking or not "rich." Comparing to older models means nothing because it is newer chips/technology but that doesnt always mean huge improved performance, thats another poor assumption. There are plenty of single core desktop CPU's that out perform dual cores. same situation here, chip architecture is everything.

Not everything is advertised for a reason. There is a reason the new HTC Diamond is very very clearly advertised as 3d graphics and this round of HTC devices was not- because it simply wasnt there from the start, albeit who didnt pay who for it, it simply was never activated.

There is no justification to complain after the fact that some aspect wasnt activated, nor explicitly promised, because from our consumer point of view feel its should be. It prob was a ton of money that HTC/carriers decided not to pay, as easy as that so it was never ever advertised to be so.