Apple hit with class action lawsuit over storage consumed by iOS 8

MacDailyNews ^ | Wednesday, December 31, 2014 · 8:59 am

[Swordmaker]

“Apple has been hit with a lawsuit alleging that it doesn’t inform users just how much storage its new operating system will eat up – and then prods them to buy more space through its iCloud service,” Julia Love reports for The Mercury News. “The case, filed in the Bay Area’s federal court on Tuesday, claims iOS 8 can take up as much as 23.1 percent of the advertised storage capacity on Apple gadgets, but few users realize that when they make their purchases.”

“‘We feel that there are a substantial number of Apple consumers that have been shortchanged, and we’ll be pursuing the claims vigorously,’ said William Anderson, a lawyer at Cuneo Gilbert & Laduca, a Washington, D.C.-based law firm,” Love reports. “Apple has touted iOS 8 as the “biggest iOS 8 release ever,” a tagline plaintiffs lawyers tried to spin to their advantage in the complaint, arguing that few users understood just how much space the software would take up. They claim Apple exploits the space constraints by peddling iCloud subscriptions when users run out of storage. ‘Using these sharp business tactics, defendant gives less storage capacity than advertised, only to offer to sell that capacity in a desperate moment, e.g., when a consumer is trying to record or take photos at a child or grandchild’s recital, basketball game or wedding,’ plaintiffs allege in the complaint.”

Love reports, “Apple has fended off such claims before, beating back a Canadian case in 2012 that alleged the company misled consumers about the amount of storage on the iPod.”

[Swordmaker]

The plaintiffs in this class action suit are basing their case on the mistaken belief that Apple iOS 8.1 requires up to 23% of the 16GBs of the smallest storage capacity iPhones being sold. They base this on the requirement of between 4.7 and 5.3 Gigabytes of free space being available to install iOS 8.1 by means of a WIFI download connection.

But, their basic premise is wrong! The actual installed size of iOS 8.1.2 is between 1.1GB and 1.4GB, depending on the iOS device it's loaded on. Devices with phone and cellular capabilities will have more software components including GPS than devices that lack those capabilities and only connect via WIFI. At most, iOS 8.1.2 occupies 8.75% of the storage capacity of a 16GB iOS's storage, at the low end, 6.875%.

The amount of storage the plaintiffs are mistakenly suing over is the amount required for an optional, over-the-air WIFI install. It is optional because the device owner has the hard-wired upgrade option of connecting the iOS device to his or her iTunes capable computer and allowing iTunes to handle the update without worrying about free-space!

if you go the WIFI upgrade route, you need the free-space because you need to keep the OLD iOS. while having free space for an image of the new downloaded compressed iOS, and free more room to decompress it while not overwriting the old iOS, and then be able to process the installation, all while maintaining your apps and data. Once the install is completed, the compressed downloaded file is deleted, as is the uncompressed working file which has been used to overwrite the old iOS. The working space is then also freed up.

The install of iOS also includes apps from Apple: Safari, Phone, Mail, IMessage, Weather, Camera, Passbook, FaceTime, Photos, Calculators, Stocks, Maps, Clock, Contacts, Calendar, App Store, iTunes, Videos, Podcasts, and Notes. There is so much more than just a mere operating system occupying that space.

In addition, those apps are NOT BACKED UP on iCloud as these plaintiffs claim is necessary because of larger iOS sizes. That would be redundant storage.

One backs up one’s settings and data for the apps, Because the apps can easily be re-downloaded again for free from the Apple App Store. Same thing for books, music, and other content purchased from the iBooks, iTunes and other sources that can be re-downloaded from Apple sources.

The OS is the last thing that needs to be backed up, as it is easily re-installed from Apple resources.

Only original documents, email, photos, personal videos, and passwords and settings, etc., needs to be stored off device for safekeeping on the cloud.

Finally, Apple has NEVER provided enough free iCloud storage to backup the entire 16GB of storage even the smallest current iOS device has after deducting the overhead used by the OS and Apps. . . 5GB is insufficient to handle a large photo collection, and videos. That’s why Apple HAS offered larger optional online storage for those who choose to purchase it. They hardly hold-up customers at gun-point to force them to buy it! — Swordmaker

[Swordmaker]

HAPPY NEW YEAR!

Apple hit by ridiculous class action lawsuit claiming iOS 8.1 takes up an astonishing 5GB or 23% of the 16GB of the iPhone storage, which (ignoring the fact their math is atrocious as 5GB is actually 31% of 16Gb) absurdly allows Apple to force desperate iPhone users into buying more online iCloud storage for their photos, apps, videos, etc., when they run out of storage on their devices. This is, of course, according to the plaintiff's attorneys, deliberate, as witness Apple's statement that "iOS 8 is the biggest update ever!" LOL! PING!

New Apple Class action Lawsuit Ping!

If you want on or off the Mac Ping List, Freepmail me.

[Reno89519]

What a stupid lawsuit. While I agree the minimum configurations do turn out to be too small for ongoing use (without offloading pictures and video, plus less frequently used application), it was the buyer’s choice to buy the smaller storage memory configuration. Erase or offload content; else put it on iCloud. Or, simply buy a iPhone with more memory next time if that is what you want! But a lawsuit?!

I’ve got four iPads and three iPhones in the family and we are hitting storage memory limits frequently. I don’t recall Apple saying we’d have enough room for all our stuff. Heck, they offer different memory configurations for a reason and offer iCloud subscriptions using their storage.

[NoLibZone]

They give free icloud storage that’s the same size as the OS.

[Leroy S. Mort]

This is crazy. Just add a mini SD card if you need more storage. You can do that. right?

[dennisw]

I feel ripped off and violated by Tim Cook

[SunkenCiv]

Exhibit A, that gun that Apple had to the heads of the customers. Oh, wait...

Free will — you know I love it. ;’) Thanks Swordmaker.

[newfreep]

Hey! Don’t knock Tim Cook.

Timmy-boy says God made him homosexual so he’s a special human being in the eyes of God.

[ProtectOurFreedom]

I was forced to buy a SuperMac 20 MB external drive for my Mac 128 because Apple didn’t provide enough storage for my needs. Can I get in on this lawsuit?

[mazda77]

Does one who neglects to look at and understand the specifications before buying anything deserve the respect of enjoining in a lawsuit? Only your lawyer’s wallet knows for sure. He only promises big returns for each plaintiff when it is only he who has the big return. The plaintiff on the other hand has to split it with the millions of others after said lawyer takes his 50% or greater cut.

But then again, I wouldn’t expect those who neglect to look at the specifications before purchase to have the wherewithal to read the lawyer’s fine print either.

[Flick Lives]

Apple “wastes” 23.1% of the iPhone’s storage; as opposed to class action lawyers who waste 100% of any productive work that an individual might provide.

[puppypusher]

20MB?Do you mean 200 Gigabytes or 200 Terrabytes?Because I don’t know of any companies that make hard drives at that capacity.Those drives went out in the dumpster in the eighties.

[ProtectOurFreedom]

Read my post — Mac 128. SuperMac. What does that tell you?

[Dr. Sivana]

It tells me that you had the original Macintosh 128K (1984), and your pathetic 3rd Party hard drive had to plug into the external floppy port and transferred at speeds rivaling a Commodore 64, but it was a fun little computer anyway!

[Not gonna take it anymore]

Somehow I have to buy iCloud storage each month. It’s only 99 cents but I still don’t know why I need it.

I have only a couple of short videos (61) and some photos (800) on my phone. No music to speak of.

:D :D :D

[Not gonna take it anymore]

Should add that if you do not buy an iPhone very soon after release you will not be able to get one later with the maximum memory.

Now that ticks me off.

[ThePatriotsFlag]

Was updating the hardware around here yesterday. Notice the “other” showing in the storage bar and wondered what it was. Now it makes sense. They should be made to label the “other” area “IOS”, then we’d know. That is about 1/3 of my phones’ storage...no wonder people are complaining.

[Caipirabob]

More of the same...

"We see you have money....GIBSMEDAT!!!"

[Caipirabob]

“The case, filed in the Bay Area’s federal court on Tuesday, claims iOS 8 can take up as much as 23.1 percent of the advertised storage capacity on Apple gadgets, but few users realize that when they make their purchases.”

23.1%...

[rlmorel]

Good grief. THIS is why tort reform of all kinds is needed.