Posted on 06/21/2016 9:27:41 PM PDT by Swordmaker
Some iPhone owners got a nasty surprise in February when, after bringing the device for repairs, they saw an ominous “Error 53” message upon restarting their phones. Translation: Your fancy gadget is now a glorified paperweight.
After much confusion and hand-wringing in Apple circles, the company admitted that Error 53 was a sort of over-zealous security feature that kicked in when a non-Apple technician repaired the iPhone’s Touch ID feature.
Apple aapl eventually issued a software fix that let people restore their device through iTunes, and apologized to users for the inconvenience. The company also said anyone who had paid out of pocket to address the issue could apply for a reimbursement.
But this is America so the story would not be complete without a class action lawsuit. In this case, lawyers filed at least two such suits, asking Apple to pay up for damage to the phones, false advertising and other alleged wrong-doings.
On Monday, however, a judge in California threw out one of the cases on the grounds the iPhone users could not show they had been harmed.
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In a terse ruling, U.S. District Judge Vince Chhabria concluded that the plaintiffs had no standing to sue because their claims over “lost data” was not separate from claims over a defective iPhone—and Apple had already addressed that by fixing the software and offering to cover any repair claims.
Chhabria likewise chucked the false advertising claims, saying the iPhone owners had not shown any evidence that Apple had known about the Error 53 defect while marketing the device. “[T]he mere fact that a company has designed a product doesn’t mean it automatically knows about all of that product’s potential design flaws,” he wrote.
The ruling is a defeat for the iPhone owners, but it did leave them the opportunity to amend their complaint to try again to show harm. The judge, in particular, referred to one plaintiff who said he lost data permanently because he restored the phone to factory settings—but said the current version of the complaint did not frame this a legal loss.
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To trust software that you did not write requires the same trust you give your beloved ...
https://www.youtube.com/watch?v=Qx5dzaYrcoQ&index=8&list=PLuWTt0HFh-SGYMPCkkFyeF6v747Hlr9KX
How do they get a “paperweight” to log into iTunes?
Like with a cloth?
I see what you did there!
Actually, a defeat for the class action dirt bag lawyers hoping for millions. The iPhone owners were already taken care of by Apple.
Can you just imagine if your shiny new Cadillac SUV refused to start when you installed non-GM wiper wash fluid and you lost all your business papers inside the truck because the SUV thought it was prudent...
These people were out a phone for weeks getting them repaired to begin with and then lost all their data getting their phones operational again (or they were out of pocket $600 for another iTurd) and the courts don’t see any harm? Money buys the court decisions you want...
The iPhone owners were already taken care of by Apple.
*************
That’s one way of putting it...
This should have been covered by the same laws that require auto manufacturers to allow use on non-oem parts that meet their standards... this is AAPL pissing on everyone else saying “only we get repair fees... the rest of you beware of the alligators we put in the software to stop you”.
Actually - a better analogy would be if you took that shiny Cadillac to the shady guy down the road and had him throw on some generic/used/questionably-soruced suspension, brakes, fuel injection, and cylinder heads... then wonder why your shiny new Cadillac won’t work...
A California judge actually using a bit of logic... what a novel idea! I just wish I could get out of FB Hades with every post being reviewed by admins. I’ve been a member for over 15 years...
More crappy, over-priced products from CrApple. It’s dismaying seeing Samsung overtaking them.
These people were out a phone for weeks getting them repaired to begin with and then lost all their data getting their phones operational again (or they were out of pocket $600 for another iTurd) and the courts don’t see any harm? Money buys the court decisions you want...
Head would roll if Steve Jobs was still running the show. Tim Cook would have been gone long ago and partly for politiciizing Apple into a pro-gay marriage and super-liberal corporation. In a very public way.
You sound like an over-zealous anti-Apple bigot. No where in the complaint does it say "people were out a phone for weeks getting them repaired to begin with", besides the other erroneous anti-Apple comments from you.
I've taken relatives' Apple products to Apple for repair, and it's only taken up to a few days. Additionally, Apple waived the repair costs even though the devices were beyond warranty coverage (over $1000 in one case with a MacBook Pro). Apple has excellent support services for customers, unlike Chinese crap from other vendors. Ruling description:
https://www.scribd.com/doc/316348898/Lusson-v-Apple-Ruling
No where in the complaint does it say “people were out a phone for weeks getting them repaired to begin with”,
***************
Not everyone lives near a glass cube where wizards attend to repairing the apple gadgets... I agree it does not say that people waited for repairs in the article but that’s what happens in the real world... and as the people that were burned by the “error 53” apparently went to independent repair facilities it is very reasonable to assume they were without their gadgets for weeks... because the shops would have to diagnose ,, order parts and make the repair... all of which takes time. It is also reasonable to assume that Jane Doe , a 43 year old realtor in Omaha would out of necessity replace the defective phone as she could not afford to be out of business for several weeks while the parts are on order.
Also , I am not an anti-apple bigot ... I just sold my iPod (6th gen) 2 weeks ago ,,, Apple makes good stuff but their continual gaming their products and interfaces makes using their stuff a nightmare... I have 1000 cd’s ripped to my computer ,, why would I want to buy them all over again or even deal with that clunky disaster called iTunes when with a proper MP3 player you simply copy the files to the device ,, easy peasy...
"It is also reasonable to assume... "
Is not a substitute for facts in order to denigrate the company. Base it on factual data alone. That having been said, I too have had some issues with iTunes, but unrelated to this article where Apple rightly won the case. So I am not blindly defending Apple, I just want facts and not exaggerations to sway me. One issue I'm having with iTunes is where I rent or buy a movie, yet sometimes I can't play the movie because iTunes says my computer is not authorized even though I rented or bought via that computer, login and iTunes ID. On several times Apple refunded my money or allowed me to re-download, so the service was good but has not solved my problem with iTunes. I resolved it myself by bypassing the copy protection in order to play the movies. So yes, there are problems with some Apple stuff as with all technology but let's not exaggerate because it looks like bias if other companies are far worse. Anyway, back up your digital files and hope that iTunes gets better with newer updates! (Mine are backed up where iTunes can't touch them.)
The facts are Apple set a software bomb inside the iPhone to force all repair business to themselves and people were inconvenienced and financially harmed whether your biases allow you to admit it or not.
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