Print 54 comment(s) - last by viewangle.. on Jul 29 at 10:56 AM

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.

Comments     Threshold

This article is over a month old, voting and posting comments is disabled

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".

By SlipDizzy on 7/28/10, Rating: 0
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.

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.

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.

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.

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

"Mac OS X is like living in a farmhouse in the country with no locks, and Windows is living in a house with bars on the windows in the bad part of town." -- Charlie Miller

Latest Headlines
The Samsung Galaxy S7
September 14, 2016, 6:00 AM
Apple Watch 2 – Coming September 7th
September 3, 2016, 6:30 AM
Apple says “See you on the 7th.”
September 1, 2016, 6:30 AM

Most Popular Articles5 Cases for iPhone 7 and 7 iPhone Plus
September 18, 2016, 10:08 AM
Automaker Porsche may expand range of Panamera Coupe design.
September 18, 2016, 11:00 AM
Walmart may get "Robot Shopping Carts?"
September 17, 2016, 6:01 AM
No More Turtlenecks - Try Snakables
September 19, 2016, 7:44 AM
ADHD Diagnosis and Treatment in Children: Problem or Paranoia?
September 19, 2016, 5:30 AM

Copyright 2016 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki