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Vibram FiveFingers Settlement

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  • Tuesday, August 19 2014 @ 12:21 AM UTC
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Running and Fitness

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The court documents, online claim form, and additional information are avaiable on the official settlement website:

https://www.fivefingerssettlement.com/

It seems that a number of Vibram FiveFinger shoe fans have such strong opinions on class action lawsuits and the American legal system in general that they want nothing to do with this case. I am not a lawyer (don't construe anything I say for real legal advice) but I did read the court documents and I think that people are missing an opportunity here.

 
A quick summary of the suit begins with the fact that Vibram denies all wrongdoing.
 
 
Vibram will pay a one-time settlement of $3.75 million USD which buys them a quick resolution and freedom from getting sued on this issue ever again. I will come back to that point later. The lawyers get paid a fixed amount regardless of the number of claims filed. The only variable in the case is how much unclaimed money gets donated to the named charity, the American Heart Association (AHA).
 

And as stated elsewhere in the documents:

"Unless you exclude yourself from the Class, if the settlement is approved all of the Court's orders will apply to you and you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Vibram about the claims in this lawsuit, ever again, regardless of whether you submit a Claim Form."

The date for filing an Exclusion is already passed, so if you bought VFF during the specifiied timeframe and have done nothing to be excluded, you are part of the Class. The only real choice left is whether or not to file a claim.
 
If you continue to do nothing then your share of the settlement will go to the American Heart Association. The AHA continues to support Canola Oil as a "Heart Healthy" food which I know a lot of my Paleo friends are not happy about.

If you wish your donation could go to a different charity, or if you believe that Vibram FiveFingers are good products and do encourage stronger feet, you still have an opportunity to file a claim. It is very easy to file an online claim and no proof of purchase is necessary for 1 or 2 pairs of shoes. You have until Sept. 24, 2014 to file a claim (see the link near the top of this blog post).

There are articles flying around the web with titles such as "FiveFingers Maker Will Pay Millions To Suckers Who Bought Its Shoes".

There are also articles that provide other opinions such as "Vibram Suit: Poor Judgement" and "Was Footwear Justice Served When Vibram Recently Settled Its $3.75 Million Class Action Lawsuit?" and "The Vibram lawsuit, barefoot running and science perspectives".

One of the specific claims in the suit says:

"Vibram will not make or assist others in making any claims that the FiveFingers footwear or products similar to the FiveFingers footwear are effective in strengthening muscles or preventing injury unless that representation is true, non-misleading and is supported by competent and reliable scientific evidence;"

In fact just last year a study demonstrated that "barefoot shoes" such as VFF do strengthen foot muscles.

That study, The effect of minimal shoes on arch structure and intrinsic foot muscle strength, makes that very conclusion:

"These results suggest that endurance running in minimal support footwear with 4 mm offset or less makes greater use of the spring-like function of the longitudinal arch, thus leading to greater demands on the intrinsic muscles that support the arch, thereby strengthening the foot."

Maybe Vibram will get to re-use those marketing materials after all.

There are folks who disagree, but my own feeling is that the best way to show support of Vibram and their products is to file a claim, get the settlement payment, and then go buy another pair of FiveFinger shoes. Wouldn't it be interesting if Vibram's sales numbers showed a marked increase immediately following the conclusion of the suit?

As much as I believe that Vibram would have actually won the suit had it gone to trial, I can see how they would jump at the opportunity to make this lawsuit (and all lawsuits like it) go away forever.

While reading through the court documents I found myself impressed by the amazing legal verbiage used to describe the "you cannot sue them ever" condition. Vibram seems to have coverered their butts rather well. Below is the full legal blurb in all its glory:

thatlinuxbox.com now supports OAuth

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  • Saturday, August 02 2014 @ 02:53 PM UTC
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News

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This site now supports OAuth logins via Google, Facebook, and Twitter.

I have upgraded to the latest Geeklog version 2.1.0, available from:
https://www.geeklog.net/filemgmt/index.php/1130

This prompted me to make some changes to the theme. I have my site logo working again and now looks good even on mobile devices. I should probably test the site on a Windows computer but I don't have any available these days. Update: Seems to work ok on modern Windows computers with IE, also.


I made some other plugin updates and additions. These are the plugins I have installed and are compatible with Geeklog 2.1.0:

Autotags 1.1.0
http://www.geeklog.net/filemgmt/index.php/1061

Captcha 3.5.5
https://www.geeklog.net/filemgmt/index.php/1121

SocialShare 1.2
http://www.geeklog.net/filemgmt/index.php/1053

Open Graph Protocol (OGP) 1.1.7
http://mystral-kk.net/filemgmt/index.php/40

A Real Thumb Drive

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  • Saturday, July 26 2014 @ 12:49 AM UTC
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Silly or Interesting

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I was looking for a new flash drive aka thumb drive and found this wonderful item:



Get one at Amazon for yourself, as a gag gift, or even a stocking stuffer...

Planet Explorers Game on Linux

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  • Wednesday, July 23 2014 @ 10:47 PM UTC
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Linux, Open Source, and Tech Stuff

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A game called Planet Explorers just became available in Early Access style on Steam. It is available for PC Windows, Mac, and Linux. I am writing this as of version Alpha 0.82.

This week, save 40% off Planet Explorers on Steam. http://store.steampowered.com/app/237870/



The graphics are beautiful:



I had no stutter or performance issues at all on my Ubuntu 14.04 system. From Additional Drivers, I am using the NVIDIA binary driver - version 331.38 from package nvidia-331.

For reference, my hardware includes...

Intel(R) Core(TM) i5-2400 CPU @ 3.10GHz
NVIDIA Corporation GK106 [GeForce GTX 650 Ti Boost]

Gameplay seems to have some features of Minecraft... within a few minutes I was able to dig for stone and metals, harvest plant life, hunt animals for meat, and get attacked by some kind of predator. The online videos I have seen show people building defenses and other structures.

Here are additional screenshots from my Linux system:

Trail Running the Cataloochee in the Great Smoky Mountains National Park

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  • Wednesday, July 09 2014 @ 06:41 PM UTC
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Running and Fitness

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I recently had a chance to do some trail running in the Great Smoky Mountains National Park. After checking the maps near our rental cabin, the nearest trail I could find was the Cataloochee Divide Trail. I was able to get to the trailhead after about a 20 minute drive.

One word of warning... there isn't much parking at the trailhead at Cove Creek Gap on Cove Creek Road. I have read other hiking reports on the web that suggest parking at the Appalachian Highlands Science Learning Center at Purchase Gap or at The Swag Country Inn (SWAG), but I recommend reading those reports for all of the caveats.

Parking and restroom facilities are available in the Cataloochee Valley itself and there are many connecting and loop trails that lead back up to the ridge trails.



I ran from the trailhead at Cove Creek Gap to the McKee Branch Trail and back again, which according to the trail signs was 4.6 miles each way.

Although tree growth obstructs much of the view of the surrounding mountains, there are a few places that offer spectacular views:



The trail was very runnable and much of it looked like this:

Melon Run 2014

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  • Friday, July 04 2014 @ 09:47 PM UTC
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Running and Fitness

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The Melon Run on the 4th of July is a Gainesville tradition.

My finish time for this 3 miler (not a 5k!) was 17:46 and I was able to win my age group and bring home a nice watermelon as an award.



The Superman shirt is from the Under Armour Alter Ego collection. I raced in my blue Inov-8 Bare-X Lite 150 shoes.



Race results are posted here:

http://georesults.racemine.com/Start-...un/results

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