Apple Sued for Deceptive MacBook and MacBook Pro Advertising
May 18, 2007 2:00 PM
comment(s) - last by
Lawsuit claims LCD screens on Apple's current notebooks are not capable of millions of colors
Apple Inc. has been in and out of the courtroom a number of times
this year for patent infringements
mostly to defend its iPhone
. This week, Apple finds itself in the courtroom again, this time facing a class action lawsuit alleging the
LCD screens on its MacBook and MacBook Pro laptops are substandard
. The claim also alleges Apple advertised its screens as being superior, but knowingly shipped screens that did not meet its original claims.
The class action lawsuit points out the glossy screens Apple introduced with the launched of its MacBook last year. Apple advertised that the new glossy screens provided users with deeper blacks and whites that are more vibrant. However, many customers experienced graininess and sparkling effects common to dithering techniques, according to the lawsuit.
According to the complaint:
Many such dissatisfied purchasers were chastised by Apple agents and employees for being too picky about their assessments of the quality of the display. Other dissatisfied purchasers were told that they were imagining the complained about defects.
The complaint also points out that many of the disgruntled customers posted messages on Apple's own forums only later to have their posts moderated or completely removed by Apple forum administrators.
"It appears that Apple has engaged in substantial editing of the posts on the discussion forum," the lawsuit indicates.
The lawsuit alleges Apple uses dithering techniques to create an illusion of colors that don't actually exist. In fact, the lawsuit claims if a MacBook or MacBook Pro users installs Windows XP, they will notice superior image quality in areas such as gradients. The test seems to indicate Apple is using some sort of software at work in OS X.
"The displays are only capable of displaying the illusion of millions of colors through the use of a software technique referred to as 'dithering'," the lawsuit claims.
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RE: True, but Apple is the wrong company to sue
5/19/2007 1:40:56 AM
I'm a little miffed by the statement "True, but Apple is the wrong company to sue". Why? Their name is on the device. It doesn't make any difference in this case who made the panels. Apple used them in their machines and apparently made false claims. The burden is on them to verify the panels work as claimed by the manufacturer, and the validity of any statements made by the panel manufacturers before they make them available to the public, and before they make public advertising statements that are not true. They are most certainly culpable here.
RE: True, but Apple is the wrong company to sue
5/19/2007 5:51:21 PM
I've been miffed, too, ever since I first shopped for an LCD monitor. The problem is that panel manufacturers are NOT required to distinguish between methods of producing color. By the book, these panels produce 16 million colors. Legally, these statements ARE true. Apple is guilty of nothing, and all 6-bit panels will still continue to be spec'd at 16 million colors for the duration of this suit, and after... until those standards are changed.
I agree wholeheartedly that this information is deceptive. It is
. But, at present, Apple has done nothing wrong, because the deception is in the standard. Until that standard is changed, there is no culpability
, for no deception has occured. Recognizing that there is deception, we are obligated first to set in place a recognition of that deception (which happens to exist at a level which is independent of Apple), and only then is there a way to hold individual violators accountable.
I know this sounds like a technicality. But lawsuits like this actually can endanger the cause they intend to champion. The issue of the deception inherent in the 6-bit panel specs becomes entangled in a suit that's not directed
at identifying and criminalizing that deception (after all, why are the manufacturers themselves, all other distributors, and the creators of the standards not culpable?). Perhaps the judge will steer the case to this point. Perhaps not. If s/he does
, and if Apple wins, then a case is on the books that is not ABOUT panel standards, but has them entangled with the case... the standards, having won out
may be much harder to challenge
if/when the issue is finally brought to court.
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