Class Action Suit May be Pending for Apple
October 1, 2007 9:28 AM
comment(s) - last by
Apple's latest iPhone moves may have earned it a new class-action law suit--Apple's answer: purchase a new iPhone.
, Apple Inc. disabled unlocked iPhones with its Firmware 1.1.1 update by putting them into activation limbo. The unlocked phones could not make any calls until activated with a valid AT&T card and iTunes. Even then, the phones would sometimes still be locked, according to preliminary reports. Apple covered its bases, by providing a "slide for emergency" option which allows users to make 911 calls on their newly-bricked iPhone.
While many users simply are not going to install the update or are hoping for a cracked version of the patch to be released, some are seeking legal avenues to fight Apple's strike on the modding/hacking/homebrew community.
On Saturday, posts by user myndex appeared in Apple's iPhone Forums, proposing three groupings of users who could seek legal action and calling for users whose iPhones were rendered inoperable to contact the poster with answers to a list of questions detailing their iPhone situation.
The posts were taken down relatively quickly, but screenshots were posted here [
]. Additionally, a quick search reveals that Myndex is a tech and research group that appears to use Macintosh computers. Whether the owner of the Apple forums handle is associated with this group is unknown.
Apple has protected itself by including a large amount of legal phrasing in its packaging, instruction manuals, and online materials, warning users against unlocking their iPhones, which they say violates their contract.
Noah Funderburg, an assistant dean at the University of Alabama School of Law,
as saying. "Anyone who hacks must know that they are taking certain risks," Funderburg told the paper. "If they aren’t willing to assume the risks upfront--like a brick iPhone--then maybe they should not hack the device."
Jennifer Bowcock, an Apple spokeswoman indicated that Apple was unapologetic about the situation. "The inability to use your phone after making unauthorized modifications isn’t covered under the iPhone warranty. If the damage was due to use of an unauthorized software application, voiding their warranty, they should purchase a new iPhone,” said Bowcock
In some cases Apple appears to have not only killed unlockers, but those who simply were participating in the homebrew/3rd-party applications community. Ross Good, a student at the University of Illinois at Urbana-Champaign had not expected to be affected as he had only installed a couple of seemingly harmless third party applications, including one for instant messaging. After updating, he found his phone returned to the activation screen and would not activate, though he had a valid AT&T contract. His phone is now among the growing number of phones "bricked" by the update.
No word was received from Apple on what its stance was on the damage done by its updates to non-unlocked users.
Apple is likely to face increased scrutinity, as well as possible legal assaults following its attack on unlockers. It appears that many, including even non-unlockers were affected by the update. Apple's is entirely unapologetic to those affected. Their answer--get a new iPhone.
This article is over a month old, voting and posting comments is disabled
10/1/2007 10:14:07 AM
10/1/2007 10:18:22 AM
I dont necessarily think they are fully bricked. They still power on, so im sure there is a way to get the original firmware on there.
But to answer your question as to why they went this far...
No matter how many times they fix the hack and revert back to normal, the hackers will find a new way around the apple fix. So the only sure way for apple to guaruntee there is no hack - break them. At least thats my take.
"What would I do? I'd shut it down and give the money back to the shareholders." -- Michael Dell, after being asked what to do with Apple Computer in 1997
Apple Strikes Back With Update
September 28, 2007, 1:22 PM
Retiree Sues Apple For $7,500 for Wiping Honeymoon Photos From His iPhone
November 30, 2015, 10:23 AM
iPhone 7 May Pack 3-4 GB Memory, More Storage; 4-Inch Comeback is Rumored
November 20, 2015, 10:12 PM
OnePlus One, OnePlus 2 Will Receive Android Marshmallow in Q1 2016
November 16, 2015, 9:58 AM
Lenovo Whoa: Motorola Droid MAXX 2 and Turbo 2 Break Cover in Leaks
October 26, 2015, 3:12 PM
Leak: Apple Preps for First Real Android App Foray With New Apple Music App
October 24, 2015, 1:59 PM
Pepsi Smartphone? Empty Calories Coming Soon to the Midrange
October 12, 2015, 11:41 PM
Latest Blog Posts
Sceptre Airs 27", 120 Hz. 1080p Monitor/HDTV w/ 5 ms Response Time for $220
Dec 3, 2014, 10:32 PM
Costco Gives Employees Thanksgiving Off; Wal-Mart Leads "Black Thursday" Charge
Oct 29, 2014, 9:57 PM
"Bear Selfies" Fad Could Turn Deadly, Warn Nevada Wildlife Officials
Oct 28, 2014, 12:00 PM
The Surface Mini That Was Never Released Gets "Hands On" Treatment
Sep 26, 2014, 8:22 AM
ISIS Imposes Ban on Teaching Evolution in Iraq
Sep 17, 2014, 5:22 PM
More Blog Posts
Copyright 2016 DailyTech LLC. -
Terms, Conditions & Privacy Information