This has been the case now for years. It is nothing new, really. While I can appreciate that the figure stated on the label on the drive, is not actually what you will have available once the drive is formatted, this too has been the way that drives are labeled-vs-formated capacity for as long as I can remember; even BEFORE 1GB drives - 300-540MB drives were labeled exactly the same way. I suppose the difference was kinda negligible with those small capacities, but with today's hundreds of GB capacities, the difference can be pretty startling, as with the 36GB figure stated in this thread. It's a thorny legal issue, as in one respect, the drive manufactures are not labeling the capacity any differently then they always have, and on the other hand, 36GB of capacity difference between formatted and unformatted is an extremely substantial figure!!!
"An expert is someone who will tell you why you can't do something." - Alec Issigonis (designer of the Mini)