Apple Sued for Deceptive MacBook and MacBook Pro Advertising
May 18, 2007 2:00 PM
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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: Say what?
5/20/2007 2:09:31 PM
Actually they don't have to demonstrate 6 or 8 bit at all. While some make this association, in the end it is whether the panel can actually do what was advertised. That was not 6 vs 8, it was number of colors. Point is, you could have an 8 bit panel that has problems, or elsewhere in the notebook there are problems and as a whole product, that product does not live up to the stated quality level regardless of where in the chain you had the weak link.
It doesn't have to be technical. If you buy a green car and the dealer delivers a blue car, do you have to know the technical details of the type of pigment they used to know you aren't getting the color you paid for?
RE: Say what?
5/26/2007 10:34:45 PM
Well, there's a difference between green vs. blue cars and such things as "state of the art" computers (a phrase which is repeated multiple times in the complaint). "State of the art" in a marketing context means practically nothing.
Plus, your green vs. blue car analogy fails to support your case. I have seen many cars where the color is debatable whether it is blue or green. I have even had that very argument a couple of times.
Furthermore, the color of a car (like the screen of a laptop computer) is easily ascertained before the purchase. Nobody buys a car in a particular color without either seeing it in person or seeing a color swatch somehow. Similarly, it is fully possible to purchase a MacBook or MBP only after viewing the screen of similar machines. Buying one "sight unseen" is also possible, of course, but doing so for any product is often the road to buyer's remorse.
Have you even read the PDF complaint? It's really fairly absurd and, as I said before, most of the "hard facts" are in the form of quoted forum posts, some of which are contradictory (e.g. one guy talks about how the MacBook (non-Pro) has much better screens than the MBP while the complaint as a whole includes the MacBook as being just as bad as the MBP). Plus, I can't believe they included tripe like this in a complaint filed in a court of law:
"it is not only the color banding and gradient stuff. Hook up a ACD and you will see that the color is W off if i edit a pict in aperture on my mbp17 and then preview it on my 23acd i vomit ! This is no PRO computer !" (p. 7 of the complaint, copied verbatim, spelling and grammar mistakes included).
"When an individual makes a copy of a song for himself, I suppose we can say he stole a song." -- Sony BMG attorney Jennifer Pariser
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