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It should at least note that only 21gb of space is available in the advertising. The consumers won the lawsuit when screen sizes did not match the advertised screen sizes for monitors.

Maybe microsoft should release a 32gb version of the tablet where you're not allowed to store anything on there. Or if you want to be really sleazy, they could put 128gb of dead chips in there so that they could advertise 128gb of storage where 0gb are actually available.

People did sue over formatted capacity a long time ago.

http://en.wikipedia.org/wiki/Binary_prefix#Legal_disputes

Don't forget when they used to label backup tapes at twice their actual capacity by "assuming" that your backups gave you 2-1 compression. I got burned hard by that one.

> How much of it is free doesn't really matter for the sake of advertising.

We never really advertised it would work. We can't help that people assumed they would get a working surface!