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  (Source: Projectionist)

  (Source: Limited Edition)
Did Apple trick customers to force upgrades?

Apple received national criticism in 2007 when it "bricked" unlocked iPhones via an OS update, rendering the phones useless.  That move led to multiple lawsuits and a firestorm of negative publicity.

Now Apple has been accused of a different kind of bricking.  According to a suit filed in Superior Court in San Diego this time around Apple used an OS update not to render useless just unlocked iPhones, but locked and unlocked models alike in a bid to force users of older iPhone models to upgrade.

The suit stems from the fact that the iOS 4 upgrade leaves the iPhone 3G unresponsive and hard to use.  Despite the fact that this phenomena appears almost universal, Apple urged unwitting iPhone 3G users to upgrade to the new operating system.

States the complaint, "The true fact of the matter, as verifiable by information technology experts, is that the iOS 4 is a substantial 'downgrade' for earlier iPhone devices and renders many of them virtually useless 'iBricks'.  Nonetheless, in reasonable and detrimental reliance upon Apple's false representations, false statements and false claims of full compatibility, thousands upon thousands of iPhone 3 users were intentionally misled into installing iOS 4 on their devices."

The suit notes that Apple provides users with no means to perform a re-install of an earlier operating system version.  Apple's promotion of iOS 4 to iPhone 3G users when it likely knew that it would render their phones useless and that they would be unable to restore their phones, was likely a scheme to force users of older models to upgrade.

The lawsuit was filed on behalf of plaintiff Bianca Wofford, a iPhone 3G owner and is seeking class action status.  Ms. Wofford recalls that after installing iOS 4, as suggested by iTunes, that her iPhone 3G's performance greatly suffered.  She states, "While not completely disabled, the operability of the device was significantly degraded and the device was no longer reliable."

DailyTech reported on this issue with older iPhones back when iOS 4 launched.  iPhone 3GS models also reportedly suffered a performance hit, though not as big a one.  Apple's forums are filled with a deluge of complaints about the poor performance of iOS 4 on older model phones.

Ms. Wofford is seeking for Apple to reimburse every plaintiff in the class the cost of their phone, plus $5,000 in additional damages.

Apple would not comment to us on this lawsuit, and their standard policy is not to comment on lawsuits (which they've had more than a few of).

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RE: Damages?
By icemansims on 11/5/2010 11:15:53 AM , Rating: 4
It's punitive damage. Without the capability to do something like that, it's like saying if I rob a bank and get caught "Oh, gee, here's the money back, so I don't have to go to jail."

RE: Damages?
By Solandri on 11/5/2010 2:28:37 PM , Rating: 2
The thing I've always wondered about is, why do the punitive damages go to the person filing the lawsuit and their lawyers? When you go to jail for robbing a bank, the bank doesn't get any benefit from it (aside from you being off the streets).

Punitive damages are supposed to be for the betterment of society overall. They shouldn't go to the victim(s). They should go to all of society. Either give the money to the government, or require it be donated to charities. Compensatory damages are what's been judged adequate to compensate the victims for their injury, so it's self-contradictory to complain that it isn't enough.

RE: Damages?
By Fritzr on 11/6/2010 8:26:01 PM , Rating: 2
It is payment to the plaintiff for going to the trouble of filing suit. With few exceptions, the courts have to wait for someone to declare themselves a victim AND for that someone to pay the cost in money and time to push the lawsuit through the courts. On the rare occasions, the government files such a suit, then the government receives the cash.

The lawyers who specialize in this area of law regularly advertise to find defendants who can be used as the focus of a court case that could easily net the lawyers millions in fees if they win the case.

It is these high fees that allow lawyers to base their business plan on speculative lawsuits where they get paid for a large percentage of the total award for winning, and little or nothing when they lose the case.

“We do believe we have a moral responsibility to keep porn off the iPhone.” -- Steve Jobs

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