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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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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


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