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iPhone Owner Calls for Lawsuit In Apple's Forums

Monday, October 1st, 2007 at 9:10 AM - by

Many iPhone owners are hopping mad over Apple's 1.1.1 update that adds new features including iTunes Wi-Fi Music Store access. One user has even gone so far as to call for a lawsuit against the company -- right on Apple's own forums, according to InformationWeek.

Apple online forum member myndex posted a topic on Saturday, September 29 looking for people that might be interested in a class action suit relating to the most recent iPhone update that can leave unlocked units inoperable and disables any third party applications users may have installed.

The post was later removed from the forums. It said in part "To: iPhone Owners denied warranty service. Seeking respondents for possible class action lawsuit against Apple Inc. relating to refusal to service iPhones and related accessories under warranty...There are three potential classes in this case: 1) Persons who own an iPhone and used software to access the available flash drive space on the iPhone [iPhoneDrive]; 2) Persons who installed 3rd party software on the iPhone for the purpose of expanding its functionality; 3) Persons who unlocked their iPhone to allow for its use on networks other than AT&T."

iPhone owners that unlocked their combination iPod and smart phone so that they would not be tied to AT&T found that after they applied the iPhone 1.1.1 update, their handheld no longer worked. Prior to the release of the update, Apple warned customers that unlock hacks caused damage that would prevent the phones from functioning after the update. Some users, however, are speculating that Apple intentionally "bricked" their iPhones with the update.

Apple also warned customers that unlocking their iPhone would void the warranty, as would adding unauthorized third party applications.

While a possible lawsuit over Apple's warranty stance on unlocking the iPhone or adding unauthorized applications may or may not hold up in court, Apple should still take heed. Customers are unhappy, and that could potentially hurt iPhone sales.

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geoduck said:

member since 30 Dec 2003 with 1922 posts, unranked , send him a message or view his profile

Mon Oct 01, 2007 10:12 am

	Quote:
	Apple should still take heed. Customers are unhappy, and that could potentially hurt iPhone sales.

Seems to me that in reality a tiny group of screaming temper tantrum crybabies is upset that their unauthorized hacks damaged their iPhones just as Apple told them could happen, and they are trying to get money from Apple for their own stupidity. Nobody told them that what they did would not damage their iPhone or make their iPhone incompatible with later updates. From the start Apple told everyone that they would be sending out periodic updates to add functionality and features. Apple made it clear that unauthorized hacks may be incomaptible with later updates and could brick their iPhone. To me it looks much more like the VAST majority of iPhone customers are very happy with the product.

Though the point is well taken. Bad publicity could snowball and lead the general public to believe that the iPhone is a bad product. It's not. I don't blame Apple at all for removing this post from their forums.

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A guest said: (hide)

Mon Oct 01, 2007 10:35 am

People knew that the Iphone won't be open to 3rd applications and be an exclusive AT&T device. Buying it under the asumption to unlock it later is something Apple can't be made responsible for. I understand that everybody wants an Iphone but it's Apple first device and they need to find partners at the beginning (AT&T).

Seems to be the future of this country. Making others responsible for our stupidity. Lawsuits for everything. People - Grow up!!!

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derpassante said:

member since 23 Aug 2007 with 15 posts, unranked , send him a message or view his profile

Mon Oct 01, 2007 11:30 am

I just shake my head at all the whining. People know the phone is closed. They buy it anyway and complain. They hack the phone and are warned that 1.1.1 will break it and surprise they complain when a software upgrade breaks it.

I look forward to my Verizon contract expiring in December so that I can buy my iPhone right after the MacWorld keynote.

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burrito said:

member since 07 Aug 2005 with 177 posts, unranked , send him a message or view his profile

Mon Oct 01, 2007 11:31 am

this is just getting stupid in epic proportions.

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Tiger said:

member since 17 Jun 2003 with 1018 posts, unranked , send him a message or view his profile

Mon Oct 01, 2007 11:46 am

I agree. At this point, Apple should abandon the iPhone. Spend 20 days buying back phones for the original price, after that, cut off the accounts and software available for them. Let the hackers know they won. It's theirs to play with, but that it's over. NO more. They obviously didn't like the phone to begin with so, pfffft on them.

Realistic? No. But it would be FUNNY as hell. Especially for all those who bought them, sold them in Europe, and never got them working legally to begin with. Apple would probably still end up in the black considering how many couldn't be returned within 20 days.

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gslusher said:

member since 13 Nov 2002 with 2088 posts, unranked , send him a message or view his profile

Mon Oct 01, 2007 2:38 pm

It's interesting that, so far, all the posters here think the proposed lawsuit is stupid.

It seems to me, from my perspective as an almost-senior-citizen (I do get "senior" discounts at some restaurants), that some people are unwilling to take responsibility for their own actions. If something goes wrong, it has to be someone else's fault. (FWIW, this extends way up the economic scale to CEOs who get huge bonuses while their companies go down the crapper.) It extends to taking risks. I teach horseback riding and horse training. I have to pay almost $700 per year for liability insurance.

The folks planning the lawsuit had better have a lot of money to pay the attorneys up front. I wonder if the user(s) posting on the Apple forums had actually consulted an attorney. (I would doubt it, as the poster said that he/she was seeking "respondents." In law, "respondent" is the same as defendant. He/she should be seeking complainants or plaintiffs.)

Those who were and are selling unlocked iPhones may want to consult an attorney who can handle civil and possibly even criminal cases. From what I've read, it appears that, while the Librarian of Congress exception to the DMCA would allow an individual to unlock a phone for the sole purpose of connecting to a network, it probably does not extend to those who would sell unlocked phones or even perhaps those who sell or distribute unlocking software and techniques.

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