Apple hit with class-action antitrust lawsuit over bricked iPhones
By Joshua Topolsky 
posted October 8th 2007 4:44PM
posted October 8th 2007 4:44PM
Apple has obviously made some enemies over this whole iPhone firmware situation, and clearly not everyone wants to follow the straight-and-narrow when it comes to the company's factory-limited and locked device. Now, at least one California resident named Timothy Smith has decided to bring the fight to the Cupertino monolith's doorstep -- and he showed up with lawyers. According to papers filed last week, the angry iPhone owner is suing Apple in hopes of barring the company from selling locked phones, and forcing the Mac-maker to provide warranty service for customers even if they've bricked their phones via third-party software -- though there seems to be no definitive evidence that Apple's update is the source of the brickings. The suit claims that, "Apple forced plaintiff and the class members to pay substantially more for the iPhone and cell phone service than they would have paid in a competitive marketplace either for the iPhone or for AT&T's cell phone service," and that the company, "Acted in defiance and without sufficient consideration of consumers' rights to unlock their iPhones because it knew that the probable result of its update would be to render unlocked iPhones inoperable." The lawyers in the case have set up a website where owners can join in on the suit -- so if you're feeling slighted, maybe they can help.
1) everyones looking to make a quick buck
2) These people are stupid. U dont kill ur parents and then beg mercy from the judge because now you're an orphan...
1. You read the EULA.
2. You chose to violate it.
3. You get no money.
4. Go home and take your lawyer with you.
Now, if your iPhone wasn't altered and it was bricked, then YES, you deserve a replacement and warranty service. However, if you wantonly violated the terms laid down by the provider of the system software (That would be Apple) and you violated federal laws by unlocking your iPhone, then you have NO PLACE to complain that it's now dead. You knew the risks, you were warned, and you did it anyway.
And don't give me "you don't read the EULA until you open/activate the iPhone" because you still have a 14-day grace period with Apple to return your purchase for any reason, and a 30 to 90-day return period with every other retailer. You could have opened it, said "Oh, I can't unlock it without voiding my warranty, violating the EULA, and skirting federal laws." and promptly taken it back to get another smart phone.
You didn't. You took the other path. You lose.
I guess they forgot to read the EULA. It was in BOLD font that the update could mess up their phones, yet they hit yes anyways. Are they dumb?
OMG OMG. I got this phone and didn't like how i was locked down to just calling, so I decided to use it as a plunger also, I don't think its right that the water mixed with Feces caused my phone to break, even though the manual said water does break phones. I'm gonna sue god dammit, Ill show them to make there phone water proof, or at least water resistant!!!
Ok, so we all know very well there are tons of idiots out there. But my question is: who in the hell are the lawyers and what are they thinking?
I'm think one (or a combination of these) is the culprit:
1. slow business at the Law Office of Billy Jo Bob
2. Devry University correspondence degree
3. bad sense of humor
Apple did nothing wrong and those claiming they did or that they are b1tch-slapping their customers are just upset that their subpar phones are ugly, too. Call me a fanboy all you want, but Apple makes good products, they clearly outline what you can expect from them, and they live up to those expectations. That's more than can be said for many, many companies.
There. Done. Get over it.
Wait, wait... I agree the lawsuit is ridiculous, but I think there's a small point not being conveyed.
The guy is saying he WILLINGLY bought an unlocked or hacked phone... why? Cause he wanted an iPhone, but not Cingular, and was WILLING to accept a hacked phone. That was his choice, knowing that he'd get no further support from Apple.
However, Apple goes and BRICKS the phone THEMSELVES with an update (I don't have an iPhone, does everyone have to accept the update?). Do you see why that's wrong though? It's one thing to say, "Well, if you mess with it, we won't help you". It's another to say, "You messed with it, and now we're gonna ruin it for you on purpose". It's like Apple is a big bully who's jealous to see the nerdy kid with the same lollipop and knocks it out of the nerd's hand on purpose.
Regardless though, they guy knew the risk so I think he's going to lose anyway and it is a dumb lawsuit.
Or to use this analogy:
"So I just put a lift kit on my 2007 honda FIT and now it's 11 feet tall.. problem is, last week, my car tipped over when I was turning at a red light.
I complained to Honda that the vehicle was unstable but they would not fix the car. They said I had modified it from factory specs. This is rediculous. They should take pride in their product"
What if your car tipped over... because a group of Honda salesman came outside and PUSHED it over and then told you that you deserved it? Then you'd be a little pissed at Honda, no?
Like many of the other comments - come on people, we know what the cell phone industry is like in the US and you knew all of the restrictions about buying the iPhone and YET, you still bought one. (and paid a premium to do so, but that is another stupid lawsuit being promoted through our wonderful legal system).
So deal with it and shut the eff up and quit whining about how you were wronged. Imagine telling any company, "hey I messed with your device and now it doesnt work - you should replace it". You gambled and you lost - like Vegas, you're SOL.
Maybe Apple should now put a warning (engraved of course) on the touch screen indicating that modification to this device may cause lack of functionality. (think McDonalds and the dumb a$$ who put hot coffee tween her legs and got burned and now we are constantly warned that coffee is hot and may cause injury.)
Welcome to America, where common sense has fled the country and we are no longer responsible for our decisions and actions.
You hit it on the head - slow day at the office. The lawyers have assigned some legal interns making $10/hr to research and file the paperwork for the lawsuit. It costs them very little for a 33% payoff in the long run. Some of the best returns every are class actions - invest $10,000 - 100,000 in costs to reap multi million payoff. Nothing like a suit with a payoff of 10 million with the lawyers getting 3.5 mil and the participants get a coupon for a free .69 cent coffee.
"Even when the new update was released, apple warned it could bar and not like your unlocked iphones be usable. The warning was given, yet people went ahead and screwed up their iphones"
Well, to continue from my comment above... I don't own an iPhone and didn't know what kind of warnings Apple dished out.
Again, just to be clear: I don't agree with the lawsuit... but I still don't think that it's right for Apple to ACTIVELY include deactivating code or software in the updates to brick unlocked phones. Does that make sense? Like, if the update is designed for locked phones only and ends up bricking the others, that's one thing. But if they specifically create something within that update to ruin the unlocked phones, that's messed up. Especially when the money to buy the phone still goes in Apple's pocket, whether locked or unlocked.
did i mis-read the part that "...there seems to be no definitive evidence that Apple's update is the source of the brickings."
why are people referring to apple actively bricking phones with their update?
It's a rather simple equation. Apple did not sell him an iPhone; they sold him an iPhone for use on AT&T (read your sales contract, fella). If you choose to attempt to make changes in the phone, you have violated your warranty, and Apple bears no responsibility for what happens after that (incidental or consequential damage is a phrase that sounds familiar).
Someone who didn't hack it didn't have problems. Someone who did, ended up with a dead phone. So when Apple provides a system update, they should make sure they don't conflict with any non-standard software this gentle man loaded on the phone? Perhaps he'd like to bring a class action suit against Ford because they tuned his car to factory specs, but it blew up because he had secretly installed a different engine control module? That is the same as he's claiming.
As well, if he hacked it to activate a different mobile service, and didn't pay AT&T at the same time, he likely violated his sales contract, and is liable for damages to AT&T. And their lawyers have a lot more money than his.
You bricked it, you bought it.
look you dum dum's if you pay $399.00 cash for your iphone, take it home and want to do what ever you want to it, that should be your choice. fine your warranty should be viod yes, but that should not give apple the right to brick it, just refuse to fix it if the third party software you installed fries your phone. when you put that amount of money into apple's hands for something, it no longer belongs to them it now belongs to you. they are bricking phones even if you don't unlock it. they brick it even if you add a game or a theme. now come on people do you think that is fair to you. we just don't use the iphone for calling we also use it for a music player. so you loose that function too.