Of course for a large company for Dell, reputation can mean everything. Legally they may not be held liable but trust of the consumer is another thing altogether. I'm curious, is there an outside chance that the 40 gb is being secretly released and the 20 gb is being dumped? (I doubt it too . Just raising conspiracy theories.) It appears you can put the 40 gb in your cart. If it's not in stock or being delivered their ordering system is very deceptive. A "sorry out of stock" should pop up to warn you that the product isn't even available yet!