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Click to view PCWorld's profile PCW News Bot 19,895 posts since
Aug 1, 2007
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Oct 12, 2007 6:32 AM

iPhone Lawsuit Seeks Over $1 Billion in Damages

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Click to view fchiaravalli's profile New Member 1 posts since
Oct 12, 2007
1. Oct 12, 2007 8:50 AM in response to: PCWorld
iPhone Lawsuit Seeks Over $1 Billion in Damages
Perhaps Lucy Rivello should have selected another cell phone. She knew all along that the iPhone was connected directly to ONLY AT&T. I am tired of people filing frivolous lawsuits when they've known all along what the warranty said. Why don't these people select another cell phone that doesn't limit access to only one vendor?????? We would all like to have a choice of vendors and be able to add other software to the cell phone but we selected the iphone because of what we knew it was capable of doing. Perhaps apple will make changes in the future but for now, "GET A LIFE!!!!!"
Click to view yearight3's profile Member 113 posts since
Aug 27, 2007
2. Oct 12, 2007 12:03 PM in response to: PCWorld
iPhone Lawsuit Seeks Over $1 Billion in Damages
The ENTIRE world should've selected another cell phone, but once again the Apple Pavlovians stupidly followed the dangling carot. AND THAT'S WHAT YOU GET. A FOOL and their money are soon parted.
Click to view dmpcworld's profile New Member 1 posts since
Oct 12, 2007
3. Oct 12, 2007 1:56 PM in response to: PCWorld
iPhone Lawsuit Seeks Over $1 Billion in Damages
This is a frivolous lawsuit.
You knew exactly what you were getting when you bought it.
Apple clearly states that it will only work with AT&T and that Apple software is the only software guaranteed to work on it.
Stop being ignorant and greedy.
Click to view rgeiken's profile New Member 32 posts since
Aug 10, 2006
4. Oct 12, 2007 2:29 PM in response to: PCWorld
iPhone Lawsuit Seeks Over $1 Billion in Damages
If this lawsuit isn't thrown out of court by a Judge, they should impeach him or her. This has to be the most ridiculous suit I have seen recently. Apple spelled out all the terms and conditions of purchasing their phone, and no one has any reason to complain. 30 years ago a suit like that would have been laughed out of court, but not so sure today. Only a died in the wool democrat would like having a suit like this filed in court!!!!!!
Click to view MildUser's profile New Member 7 posts since
Oct 5, 2007
5. Oct 15, 2007 11:37 PM in response to: PCWorld
iPhone Lawsuit Seeks Over $1 Billion in Damages
Sorry to say STUPID people do STUPID thing. If you dont like iPhone and AT & T, dont buy it and use it, STUPID. You might as well pass me the money and I can buy some nice clothes this Christmas season. STUPID!
What more can I say, STUPID!
Click to view BBGerlach's profile New Member 1 posts since
Oct 22, 2007
6. Oct 22, 2007 10:42 AM in response to: PCWorld
iPhone Lawsuit Seeks Over $1 Billion in Damages
I think rgeiken the word you wanted to use is dyed in the wool. Died is the word saying what the republicans will do in the coming elections.
Click to view rgeiken's profile New Member 32 posts since
Aug 10, 2006
7. Oct 22, 2007 11:11 AM in response to: PCWorld
iPhone Lawsuit Seeks Over $1 Billion in Damages
Dyed in the Wool or Died in the wool!!!!!! I think that most everybody got the meaning!!!! As far as the next elections, there is still about 12 months to go, and a whole lot can happen in that time!!!! No matter who gets in, it won't matter much to the "Average Joe" which is true of almost all elections. If you decide to vote Democratic, you better abandon this forum and go back to your "Crayons"!!!! By the way, what is your opinion on the question at hand, the i phone?
Click to view rgreen4's profile Old Hand 3,644 posts since
Oct 22, 2006
8. Oct 22, 2007 11:48 AM in response to: rgeiken
Re: iPhone Lawsuit Seeks Over $1 Billion in Damages

I agree. I do not own an iPhone, nor am I likely to anytime in the near future. Oh, yes it looks wonderfully functional, but I live in a more rural community, so there is not likely to be any wi-fi support anytime soon. I am however an AT&T customer and like my 3 year old phone. It was pointed out in another item about people in the NE who lived in areas not served by AT&T buying the phone in a neighboring state and using it on roam.

They admitted they knew that the contract signed at the time of the purchase precluded them using it for "extended" roaming and were at risk of having their service terminated, but they just had to have the phone. Yes, STUPID IS AS STUPID DOES.

If the standard contract in NE states the phone can only be used on AT&T networks, you can bet the ones in California do too. But then this is typical of California, sign the contract, ignore it, and then sue or cry on TV when it doesn't work out the way you want.

And anyone who had ever known anything about Apple, knows that only approved apps with work on Apple. It was true when the Apple II was released to the market, and it is true today - one of the reasons I don't have any Apple products, despite their hype.

This case should be thrown out, and the two parties originating the suit should be charged for the Court time wasted, but then there is a reason they filed it in San Francisco, a community not known for common sense. SF has a nickname on the truckers channel I won't repeat here, but LA's is "Shakytown"


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Click to view smax013's profile Member Moderators 3,716 posts since
Jan 28, 2007
9. Oct 22, 2007 12:30 PM in response to: rgreen4
Re: iPhone Lawsuit Seeks Over $1 Billion in Damages
rgreen4 wrote:

And anyone who had ever known anything about Apple, knows that only approved apps with work on Apple. It was true when the Apple II was released to the market, and it is true today - one of the reasons I don't have any Apple products, despite their hype.
Ummmm...not true if you where inferring that such a policy exists for Macs. There a LOTS of programs that run on Macs that are not "approved" by Apple. In fact, to my knowledge, Apple does NOT run a "certified for Mac OS X" program like Micro$oft has for Windoze.


Now, Apple has taken a much harder approach with the iPhone, which I frankly think is stupid...and is part of the reason why they are finally backing down and supposedly releasing a SDK kit for the iPhone soon. Thus, they will have an "officially" sanctioned way to use third party apps on the iPhone soon.


Now, as to the item at hand, at face value, many of these iPhone lawsuits seem stupid. As pointed out, many of these items where KNOWN issues that people could easily have known about prior to purchasing the iPhone. Thus, it would appear that such lawsuits should potentially be merit-less. I will note, however, that I personally don't know with precise detail all the details of the lawsuit...and as such, there maybe something of merit in them (and the news article is a little short on the details). The one definitely interesting part of the article was the claim in the lawsuit that Apple intentionally wrote the iPhone update to cripple iPhones that had been hacked/modified. If so, then they might have merit (I believe that there are provisions in the DCMA law that specifically allow such "unlocking" of cell phones and at least by implication might make it a "no-no" for a company to interfere with someone's ability to do such unlocking...i.e. iBricking someone's iPhone might not be permitted)...but it will be interesting to see if they can PROVE that claim.


[soapbox] Backup good...no backup bad!! [/soap box]
Click to view RastaMon's profile Member 393 posts since
Sep 10, 2007
10. Oct 22, 2007 1:56 PM in response to: PCWorld
Re: iPhone Lawsuit Seeks Over $1 Billion in Damages
I can't see the lawsuit getting very far, especially since (former) members of the iPhone Dev Team have publicly admitted that it was their flawed code, and not malicious intentions on the part of Apple, that caused the unlocked iPhones to be bricked.

I also have a hard time feeling sorry for the owners of the bricked phones, since they knew that unlocking their iPhone was an unsupported hack. Unsupported hacks are often broken by future updates to the hacked code. If losing use of their phones was too great a risk, they shouldn't have hacked them. Don't gamble if you can't afford to lose.

On the other hand, after reading the iPhone warranty a few times, I can find nothing in it that states the warranty is voided by installation of unauthorized software unless the hardware is damaged as result of that software. Firmware is not hardware. Just about every state in the US has legislation that effectively creates an implied warranty that if a company sells a product, the customer has a reasonable expectation that that product work as advertised. Warranties implied by law always trump manufacturers' warranty limitations and restrictions. Apple may not have a responsibility to make sure US customers can unlock their iPhones for other carriers, but they do have a legal responsibility to make sure that iPhones (without hardware damage) will work on an AT&T network.

From what I have read, while there was only minor functionality change with the update, the underlying code underwent significant change. I think Apple has planned all along to release an SDK for the iPhone, but they wanted to wait until they had worked some bugs out of the code first. This was the first version of Apple's first phone. I don't believe Jobs or Apple were so naive as to believe the code would be bug free. Remember Cheetah? I also believe Apple would be more than happy to let users use the iPhone on other networks, but breaking into the telecommunications market required them to partner with an existing telecom company. As that partner, it is AT&T who is standing in the way of using the iPhone with other carriers. I seriously doubt the monthly payments Apple receives from AT&T are worth more than the lost market share of people who would buy iPhones if they could use a carrier other than AT&T.
Click to view RastaMon's profile Member 393 posts since
Sep 10, 2007
11. Oct 22, 2007 2:18 PM in response to: rgreen4
Re: iPhone Lawsuit Seeks Over $1 Billion in Damages
And anyone who had ever known anything about Apple, knows that only approved apps with sic work on Apple.

Talk about FUD! Anyone who knows anything about Apple knows that your statement is not true. Considering Automator, AppleScript, four different *nix shells, and Xcode Tools all ship with every new Mac (starting Friday a few more developer tools will be added to the package), I don't think one can claim with any kind of accuracy that Apple only allows approved apps to run on Apple products. If anything, Apple encourages third party application development.
Click to view MildUser's profile New Member 7 posts since
Oct 5, 2007
12. Oct 22, 2007 8:11 PM in response to: RastaMon
Re: iPhone Lawsuit Seeks Over $1 Billion in Damages
Your're right on target Mr Lawyer and Mr Technocrat. We should let lawyers defend some worthy causes rather than some STUPID commercial rights. Let business alone. The markets will know how to discipline them. Let the techno innovators alone. They have their pride and competitve spirit. Let the consumers alone. They are smart people with choices to spend their money. Let the government deal with the errant businesses should they flout the laws. Complain if you must if products made are not what they claimed to be. Use the right forum. Going to court and make headlines is not the answer. However, if one does have some other ulterior motives, do as one pleases. Sue until the companies concerned are bankrupted and enrich the lawyers along the way. Or one might be the victim of bankcruptcy oneself. It one's democratic choice, right? Cheers.
Click to view rgreen4's profile Old Hand 3,644 posts since
Oct 22, 2006
13. Oct 22, 2007 8:28 PM in response to: RastaMon
Re: iPhone Lawsuit Seeks Over $1 Billion in Damages

I will admit my Apple experience is at arms length (plus the ten foot pole, having never had occasion to use one). However, before Steve Jobs left the company, there were many complaints about just that. There was even an article in a micro-computer mag in the late 80's about the steps developers had to take to get their software approved for the Apple. The horse may have been let out of the barn when Scully was in charge.

I knew when I put that in that if it was wrong, our resident Apple Guru would call me on it, but damn now Smax has found support. :^0


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Click to view rgreen4's profile Old Hand 3,644 posts since
Oct 22, 2006
14. Oct 22, 2007 8:40 PM in response to: MildUser
Re: iPhone Lawsuit Seeks Over $1 Billion in Damages

I realize that the concept of a legally binding contract is a foreign concept to certain groups. But it was well advertised that it would only work on AT&T and it is most likely in the contract. This case is also outrageous because the worst damage the two plaintiffs could have incurred is a total of $1,200. They are asking for a million times that, and considering the fact that there have only been 1 million phones sold, they are asking 2 million times the cost of one phone in damages.

As Forest Gump said "Stupid is as Stupid does."

Almost as stupid as the notice I received today about the Seagate lawsuit. Which hinges on whether a Kilobyte is 1,000 bytes, or 1,024 bytes. Depends on whether you are using base 10 or 16. That difference has been known since before DOS and the IBM PC. But apparently when you advance that concept to a Gigabyte, you wind up 7 Megabytes short if its 1024 vs 1000.


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