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Using the iPad outside is a risky proposition on hot summer days as it will often overheat and die.  (Source: Say iPad)

A copy of the pending class action against Apple for the iPad overheating issues.  (Source: Apple Insider)
Well, I'm hot blooded, check it and see/ I got a fever of a hundred and three

What good is a book you can't read in sunlight? That's the challenge being posed in a new lawsuit against Apple, that claims that Apple falsely advertised the device as a book replacement, when in reality it overheats and dies in sunlight on hot days.  

The heat problems were noticed soon after the unit's release.  Summer weather isn't kind to the tightly-packed tablet, which appears to have issues dissipating waste heat.

The tablet heats up to 113 degrees F relatively frequently when used outdoors under a hot, sunny summer day.  The unit then shuts off to protect itself.  A trip to the fridge can often revive the units, but by then your opportunity for a noontime read may have come and gone.

The new suit, filed in U.S. District Court in the North District of California last week, complains, "Using the iPad is not 'just like a reading book' at all since books do not close when the reader is enjoying them in the sunlight or in other normal environmental environments.  The iPad overheats so quickly under common weather conditions that it does not function for prolonged use either indoors, or in many other warm conditions, for a variety of common uses such as, but not necessarily limited to, an e-reader, e-mail tool, Web browser and/or game/entertainment unit."

The suit, filed on behalf of iPad buyers Jacob Baltazar, Claudia Keller and John R. Browning seeks class status, meaning that any iPad buyer would be eligible if the suit gets approved.  

Overheating devices may be unpleasant, but they generally aren't class action suit fodder.  However, Apple's claim that using the iPad is "just like reading a book" opens it to claims of misrepresentation and deceptive advertising. 

The suit accuses the company of fraud, negligent misrepresentation, deceptive advertising practices, intentional misrepresentation, breach of warranty, and unfair business practices under the Unfair Competition Act.  The group wants a trial by jury and wants to "punish" Apple with punitive damages, which they say will "deter others from engaging from similar misconduct in the future."  The group is also seeking standard damages.

Attorney Scott Edward Cole with Scott Cole & Associates is representing the pending class in the case.

Despite the heating issues and other minor problems, the iPad's promising concept has propelled it to some impressive early sales and it shows no signs of slowing down.





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Order of events
By EasyC on 7/28/2010 8:51:45 AM , Rating: 4
First, Apple will tell the prosecution that there is no problem.

Then, they will say the prosecution is merely holding the iPad incorrectly.

Then, Apple will issue a press conference showing that all tablets in this market do it and that it's a normal thing.

Then, Apple will lose.




RE: Order of events
By RjBass on 7/28/2010 8:55:15 AM , Rating: 4
Don't forget, they will also say the over heating is a feature.


RE: Order of events
By EasyC on 7/28/2010 9:24:29 AM , Rating: 2
And consequently release a "iHotPlate" app which will consist of a graphic of a hotplate surface and a button. The button will run a pi stress test in the background to "heat the hot plate".


RE: Order of events
By amanojaku on 7/28/2010 2:43:24 PM , Rating: 2
If I'm reading this correctly you don't even need to run a PI stress test to get the iPad to overheat. Just turn it on and read an e-book and it'll overheat in environments that don't faze a Kindle, Nook or other e-readers. It's poor design, pure and simple, to assume that someone will use this at temperatures greater than 80 degrees F with no sun. I guess Apple's 95 degree limit means a desert in the dark, or a hot, stuffy room. People waiting for the bus in the summer are out of luck. Unless they buy any e-reader OTHER than an iPad.

I think it's pretty pathetic that I can use my laptop to read documents in the summer without worrying about overheating. Hasn't Apple learned how to throttle the CPU when it's idle?


RE: Order of events
By afkrotch on 7/28/2010 7:28:47 PM , Rating: 2
Why wouldn't Apple know how to throttle the CPU? I mean, they patented that concept after everyone else has already done it for years.


RE: Order of events
By Mitch101 on 7/28/2010 9:30:07 AM , Rating: 2
Apple defense would be that the extra heat would add to global warning. And at Apple we care about the planet and the people so before global warning can occur the device detects this and saves us from itself. It saved you. Isnt that what a responsible company should do? By the way you can buy a new one were still making them.

Seriously though the system should know to shut itself down before dying from heat.


RE: Order of events
By marvdmartian on 7/28/2010 11:39:55 AM , Rating: 3
a MAGICAL feature!! ;)


RE: Order of events
By TSS on 7/28/2010 12:04:39 PM , Rating: 2
Don't want your ipad overheating?

There's an app for that.


RE: Order of events
By aharris on 7/28/10, Rating: -1
RE: Order of events
By Smilin on 7/28/10, Rating: -1
RE: Order of events
By amanojaku on 7/28/2010 3:15:29 PM , Rating: 4
I've seen plenty of people, myself included, who posted pro-Apple comments that were rated up. Because the comments were factual and made sense. Like when people here said there aren't VPN clients for the Mac. When I pointed out that I was using one when I owned my G4 PowerBook and provided links to the product pages I was rated up.

There are SEVERAL reason people get voted up for saying "Apple sucks":

1) Apple sells identical or inferior products at exorbitant prices - Seriously, Apple can't justify its prices except for the fact that people willingly pay

2) When Apple's products fail en masse Apple lies and says it's not true - Anyone else who does that gets slapped with a lawsuit

3) Apple purposely censors any information criticizing its products, from removing comments on publicly-facing complaint pages to using legal muscle to shut down sites - Responsible vendors will actually post comments requesting more information or offering additional assistance

4) When Apple is caught in a lie it pulls a bunch of marketing-speak and fuzzy data out of its ass pointing out how people keep buying the stuff, as if that justifies the dirty deeds it does


RE: Order of events
By viewangle on 7/29/2010 10:56:06 AM , Rating: 1
Save for a handful of extremists I find most of the commenters here are quite fair.


It just works!
By SSDMaster on 7/28/2010 8:21:08 AM , Rating: 2
You'd think with such a big aluminum backing on this thing, it would be easy enough to dissipate the A4's heat. Though, the battery, and LCD are contributing factors as well.

Maybe there's a reason laptops have fans built in...




RE: It just works!
By zmatt on 7/28/2010 8:25:52 AM , Rating: 5
Apple has a long history of designing form before function and several of their devices overheat because of it. This is nothing new, but a new chance to take a shot at Apple is a plus for me.


RE: It just works!
By Reclaimer77 on 7/28/2010 12:51:24 PM , Rating: 3
This is getting ridiculous. Have they EVER made something that didn't overheat and/or explode? I actually have a friend who's iPhone blew up on her.

How hard is it to test this crap, Apple? Honestly your quality control lately has been shockingly bad. You can't just love a design so much that you release it knowing it will fail under certain conditions. 95 degrees isn't even that hot for consumer electronics!


RE: It just works!
By zmatt on 7/28/2010 12:58:39 PM , Rating: 2
Before i was so anti Apple I gave them the benefit of the doubt and bought a powerbook back when they were still being made. The thing fell apart and got too hot to set in my lap. It was a piece of junk. You would think an aluminum laptop would be pretty sturdy, I mean it is made out of freaking aluminum. But apparently they used the cheapest around, it would get inexplicable dents and the screw would always fall out. I could loosen them with my finger.


Kindle Specs
By DougF on 7/28/10, Rating: 0
RE: Kindle Specs
By SSDMaster on 7/28/10, Rating: 0
RE: Kindle Specs
By code65536 on 7/28/2010 10:16:59 AM , Rating: 4
High quality screen? Depending on what you want to do with it. Apple's screen is a glossy, glarey screen. Nice under the right circumstances, looks like hell outdoors or in bright situations. Not to mention, backlit screens of any sort are stressful to the eyes because you are, essentially, starting at a light bulb. Anyone who is serious about reading absolutely NEEDS e-ink like the Kindle, Nook, Pixel Qi, etc. Try reading for 4 hours straight and then tell me how "high quality" this screen is compared to proper e-ink when it comes to reading.


RE: Kindle Specs
By afkrotch on 7/28/2010 7:41:06 PM , Rating: 2
The iPad uses an S-IPS screen. It's a very high quality screen. By no means is it the screen to be using for something that would solely be an ebook, but neither would I want to use e-ink to surf webpages.


RE: Kindle Specs
By chick0n on 7/28/2010 1:35:29 PM , Rating: 2
high quality parts?

if your definition of high quality means some 5 dollar crap from here and there then yeah I guess Apple is using "high quality" parts.


RE: Kindle Specs
By nafhan on 7/28/2010 9:30:56 AM , Rating: 2
It's the same (95F). Check the last page of the manual:
http://s3.amazonaws.com/kindle/Kindle2_Users_Guide...

It's definitely about greed. Apple shouldn't have said it's like a book, because it's not, and these people certainly realize a 9 inch LCD slate and a book are going to have some differences. In a perfect world, the class action suit would fail, and Apple would be more reasonable with it's marketing hyperbole. Oh well...


RE: Kindle Specs
By cjohnson2136 on 7/28/10, Rating: 0
Junk
By Shadowmaster625 on 7/28/2010 10:24:20 AM , Rating: 3
This stupid pile of junk shouldnt even be generating heat if it is being used as an e-book reader. The cpu should be powered down, and the backlight should be off.




RE: Junk
By Smilin on 7/28/2010 1:00:56 PM , Rating: 2
True. Displaying a static page shouldn't be requiring much CPU.


RE: Junk
By kmmatney on 7/29/2010 2:55:46 AM , Rating: 2
You still need backlight to see teh screen. In fact, you probably need more backlight in daylight.

That said, I was at a swim meet last weekend on a hot day (99 degrees) and someone was using their iPad outdoors just fine, although they were sitting in the shade.


Blame everyone but yourself.
By SlipDizzy on 7/28/2010 9:19:56 AM , Rating: 2
This is not a problem with the iPad, this is a problem with any pad computers. There just isn't enough technology available to make them not overheat. Everyone does this and believe me, Apple is trying to invent new ways to not overheat. Apple loves their customers. Apple has done extensive test on all other products like the iPad and they all overheat.

/sarcasm




RE: Blame everyone but yourself.
By cjohnson2136 on 7/28/2010 1:12:49 PM , Rating: 2
I think it is funny that Apple now has two flaws with two products first the iPhone and now the iPad. I think the quailty of Apple products is slipping.


RE: Blame everyone but yourself.
By afkrotch on 7/28/2010 7:48:45 PM , Rating: 2
Umm...might want to toss in a hell of a lot more than that. Yellowing screens on the iMacs prior to these issues. How about the Macbooks that run so hot, they'll give you 2nd degre burns on your lap? Broken GPUs? Exploding batteries? Exploding mp3/cellphones?

Apple's quality has been total crap for the past decade. The iPhone and iPad are just two more things to add to the rest.


I guess...
By rzrshrp on 7/28/2010 8:59:26 AM , Rating: 3
The use it like a book advertising may or may not work. If I was a dissapointed summer beach reader, I'd rather seek a refund than some measly class action cash. If you're keeping the iPad, the problem doesn't bother you that much, does it?




RE: I guess...
By kmmatney on 7/29/2010 3:04:29 AM , Rating: 2
Exactly. Even without a refund, they could be re-sold for just about what they paid for the device. They are hard to get, at least here in Denver.

It also pisses me off when people buy new products at launch, and then whine about things. Is it that hard to wait for a few reviews?


LCD
By The Raven on 7/28/2010 10:33:54 AM , Rating: 2
This is what Apple get for pandering to the lowest common denomenator.

I'm surprised "It just works" hasn't been targeted before.

But in Apple's defense, these people are the lowest common denomenator.




It's odd...
By Fanon on 7/28/10, Rating: -1
RE: It's odd...
By Smilin on 7/28/2010 9:41:09 AM , Rating: 2
My first gen Kindle handles the sun just fine. Even the "maglight of God" that we have here in the south.

It has the same operating temperature specs as the iPad.

No, this is BS. We're not talking about leaving the device in a hot car here. We're talking just sitting outside in a cafe on a sunny day to read. The device shuts off.


RE: It's odd...
By afkrotch on 7/28/2010 7:54:07 PM , Rating: 2
HP didn't seem to have any issues with their TX tablets in the sun. My TM2 tablet doesn't have issues either. It's a pretty easy fix. Add a vent, maybe a fan too.

It's call function over form.


RTFM
By Awax on 7/28/10, Rating: -1
RE: RTFM
By JackBurton on 7/28/10, Rating: -1
RE: RTFM
By Gul Westfale on 7/28/2010 9:19:26 AM , Rating: 1
so you bought a device that can only be used "when steve jobs says the temperature is just right"?

that's like buying a car and only being allowed to drive it on certain roads, because the highway is out of its operating specifications.


RE: RTFM
By Mitch101 on 7/28/2010 9:35:39 AM , Rating: 3
There might be additional factors here as every person I know with an iPad has it in some sort of leather book style binder which Im sure is preventing the device from dissipating heat like it was designed.

Still like I said in another post the device should be able to detect the heat and downclock or shut itself down before the device damages itself. I can only guess the iPad has poor Thermal protection for itself. I guess no one at Apple owned a AMD Duron processor and put the fan on wrong.


RE: RTFM
By Smilin on 7/28/2010 9:48:47 AM , Rating: 5
Thaqt's kind of a funny point. It *should* be able to detect heat and shutdown just portions of the processor...after all Apple "owns" that technology and is suing others over it.


RE: RTFM
By Wiggy Mcshades on 7/28/2010 9:55:33 AM , Rating: 2
Every electronic device has an operating temperature range. It's part of the design process to figure out what temperatures a device will operate normally at after you build it. Steevoo has nothing to do with that particular part of the design process is my guess.


RE: RTFM
By cknobman on 7/28/2010 9:34:59 AM , Rating: 2
Article never states the atmosphere temperature the plaintiffs were using the ipad in.

94 degrees F is by all means considered a hot summer day and within the apple specified operating temperature.

If the ipad overheats in these conditions then they loose.

Deceptive advertising and breech of contract it will be.


RE: RTFM
By Wiggy Mcshades on 7/28/2010 9:52:41 AM , Rating: 2
It could say the thing flies and if you had good enough legal team then you could still win the case. The United States legal system works great, for those who have good lawyers or know someone. There's no need to pretend you know how the case will work out.


RE: RTFM
By bfellow on 7/28/10, Rating: 0
RE: RTFM
By tng on 7/28/10, Rating: 0
RE: RTFM
By zmatt on 7/28/2010 12:53:37 PM , Rating: 2
You don't have to file a lawsuit in the state of your residence. I have seen lawsuits filed in the most random of places.


RE: RTFM
By afkrotch on 7/28/2010 7:57:59 PM , Rating: 2
Doesn't matter what the temperature was, when a book can easily withstand 140F weather. 94F is the threshold for the device, but not a book. Which is what they are advertising the iPad as being able to replace.


RE: RTFM
By Smilin on 7/28/2010 9:46:31 AM , Rating: 3
Right from the Kindle operating manual:

quote:
Operating temperature — 32°F to 95°F (0°C to 35°C).


Works fine on a sunny day.

Lawsuit is legit. Stay for the show.


RE: RTFM
By neogrin on 7/28/2010 12:07:34 PM , Rating: 2
The upper operating temp limit for a book is around 450°F (451°F being the ignition temp for a book).

So, since Apple says it's "just like reading a book" the expectation is that you should be able to operate the iPad "as a book" at temps up to around 450°F. Obviously, the iPad does not work at temps even half that high. Therefore, Apple made a false claim...lawsuits ensue.

I'm waiting for the suit contesting the claim that the iPad is "Magic".


RE: RTFM
By SlipDizzy on 7/28/10, Rating: 0
RE: RTFM
By afkrotch on 7/28/2010 8:09:37 PM , Rating: 2
I think it would be possible to perate a book in 450F weather. Granted, an extremely short amount of time in such weather.

Firefighters go into 400-800 degree fires, but they are wearing quite a bit of protective equipment.


RE: RTFM
By omnicronx on 7/28/2010 12:33:03 PM , Rating: 2
Do you seriously think this case is based on the wording used by Apple? You will never win any case based on the word 'like' when it comes to a product not exactly performing to what it is being compared too.

All Apple has to do is open the dictionary.

Like:
1.of the same form, appearance, kind, character, amount, etc.: I cannot remember a like instance.
2.corresponding or agreeing in general or in some noticeable respect; similar ; analogous: drawing, painting, and like arts.
3. bearing resemblance .

This is all about operating temperature, and if its not, these lawyers need a new job for ever taking the case in the first place.


RE: RTFM
By afkrotch on 7/28/2010 8:16:50 PM , Rating: 2
On a nice warm sunny day outside, the iPad is nothing like a book. It doesn't read like a book, it's not in a book shape, doesn't resemble a book. It's like a book, if it functions. When it overheats, it's nothing like a book. It's like a paperweight then, thus still false advertising. Don't need to prove the "like" when it's nothing "like" it.


RE: RTFM
By Riven98 on 7/28/2010 12:45:12 PM , Rating: 2
Farenheit 451 "The temperature at which books burn."


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