Skip to comments.Class Lawsuit Claims Apple Knew Its 'Upgrade' Would Turn 3G iPhone Into an 'iBrick'
Posted on 11/03/2010 2:11:34 PM PDT by Swordmaker
SAN DIEGO (CN) - To goose sales of its new iPhone 4, Apple told owners of its third-generation iPhone to download an operating system that the company knew would turn the 3G phones into a "device with little more use than that of a paper weight," irate customers say in a Superior Court class action. The lead plaintiff claims Apple's "upgrade" turned her phone into an "iBrick."
Lead plaintiff Bianca Wofford says Apple told owners of its 3G and 3GS iPhones that the new iOS4 operating system was an upgrade. But she says the "upgrade" made her phone slow and susceptible to crashes, turning an iPhone into an "iBrick."
"In essence, Apple knowingly and intentionally released what it called a system software 'upgrade' that, in fact, made hundreds of thousands of third generation iPhones that were exclusively tethered to AT&T data plans 'useless' for their intended purpose," according to the complaint. "Since the release of iOS4 in conjunction with the sale and release of the fourth generation iPhone, or the iPhone 4 in June 2010, Apple has falsely, intentionally and repeatedly represented to owners and consumers of the iPhone 3G that its new operating system for the device, iOS4, was of a nature, quality, and a significant upgrade for the functionality of all iPhone devices, when in fact, the installation and use of iOS4 on the iPhone 3G resulted in the opposite - a device with little more use than that of a paper weight."
Wofford says there is no way to restore the third-generation phones' operating system without using "hacker tactics." She claims that Apple intentionally created a "consumer Catch 22" to get 3G users to switch to the new iPhone 4.
"Even though Apple has actual knowledge of thousands of complaints from iPhone 3G/3GS consumers, Apple does not allow for those same users/consumers of third generation devices to download and re-install earlier and optimized iOS3.x operating system without resorting to 'hacker' tactics that will void Apple warranties and violate iPhone user agreements," according to the complaint.
"This whole situation was created to be a consumer Catch 22 by Apple in order for the company to promote sales of its just released iPhone 4 and cause consumers to simply abandon the earlier 3G and 3GS platforms."
The complaint adds: "Apple knew that the iPhone 3G and 3GS were not fully compatible with the iOS4 and that iOS4, once installed, would substantially compromise the earlier device functionality, speed and application use. ...
"The true fact of the matter, as verifiable by information technology experts, is that the iOS4 is a substantial 'downgrade' from earlier iPhone devices and renders many of them virtually useless 'iBricks.'"
Wofford seeks restitution, disgorgement of Apple's ill-gotten gains, and damages for false and deceptive advertising, unfair competition, and violations of state consumer protection laws.
She is represented by J. Jason Hill with Cohelan and Khoury.
I do not think “hacker tactics” will hold up in court as a valid term now that the Library of Congress ruled unlocking a iPhone is legal.
Unlock does however void the warranty...
Out on the periphery of AT&T coverage when 3G and EDGE coverage overlap, the 3G can get brutally slow at peak usage hours.
Doesn’t this sort of massive fraud rise to the level of a felony?
You assume there was any fraud. I call BS.
Today is Jim Robinsons birthday..If you havent donated to FR, today would be a good day to give.
I’ll second the BS call. I upgraded my iPodTouch 2G to 4.0 without problem. I did however had to shut off unnecessay location services and push notifications to maintain battery performance.
I just got off the phone with AT&T. I am about to go to store right now and upgrade from 3G to 4. Should I? I kinda have to, but I wanna hear that the problems with 4 are fixed. I just can’t live without my IPhone.
Total BS. My 3GS runs iOS4 just fine ...
Mine does too but it doesn’t use all the functionality features that iOS4 has but does use them all on the new iPhone4.
Same goes for the 3G but with even less features than the 3GS can use. Except for the redone mail, I see no reason to upgrade from a 3G down ... to iOS4, do you?
The issue isn’t with the 3GS it’s with the 3G. My daughter and I had similar phones (she has since gotten a new one because hers was so frustrating after the ‘upgrade’ to 4.0) and I can tell you this is not BS.
My iphone has not run well since the upgrade and 4.1 was only a minor improvement. It has been a major irritation and what I considered a great phone has been rendered agonizing slow, requiring multiple daily reboots to get apps to run.
I would not upgrade if I had to do it over.
LOL. What kind of idiot would buy a telephone (or other device, for that matter) in the first place where the manufacturer gets to tell you after the sale what or what not you are allowed to do with it?
IMO the iPhone may be a fun toy for some, but actually is a totally expendable fashion accessory (which I and probably most can do without as easily as doing without any news of the current crop of celebrity sluts... - think Lindsay Lohan, Britney Spears, and all the others whose recent adventures get posted here all the time).
I pay for it - I control it. Or I do not buy it. Period.
If you want on or off the Mac Ping List, Freepmail me.
Apple can’t tell you what you can do, nor can you tell them to cover a phone under warranty after you do something to void the warranty. The problem here is? I don’t see a problem with a company putting on restrictive warranty terms and refusing to support any hacked up piece of software someone decided to install on their device.
Of course, that's entirely your right to exercise that discretion.
> What kind of idiot would buy a telephone (or other device, for that matter) in the first place where the manufacturer gets to tell you after the sale what or what not you are allowed to do with it?
Do you own a car? Not only does the manufacturer tell you what you must do with it (if you want it to stay in warranty), but the GOVERNMENT tells you what you are and are not allowed to do with it, from purchase to scrapheap. And it severely limits what you can do with it, on the public roads. And taxes your use of it with registrations, etc.
You could get a bicycle, which has none of those restrictions or limitations.
Or are you the kind of "idiot" who has a car?
Relax, I'm joking with you... :)
But some people (apparently quite a few here on FR) don't understand the concept of "If you screw with it, you're on your own." It's not a tough concept, as you so well point out.
The fact is, Apple doesn't give a d@mn if you take a drill press to it. Just don't come back to them, whining that it doesn't work any more.
But you'd be astonished (and dismayed) at how many people "screw with" products, voiding their warranty, and then go back to the manufacturer and whine. Some even go so far as to sue. Un-be-freakin-lievable.
Our FRiend Moltke has the right idea -- if you don't like Apple's rules, don't play Apple's game. Buy somebody else's phone.
At least in that regard, it's still a free country.
voiding a waranty is one thing but intentionally destroying their property is another.
Who intentionally destroyed someone's property?
If you're speaking of the phones that were "bricked" by an update, first think about how many Windows computers are rendered inoperable every Patch Tuesday by failed updates, or updates that broke other software. Do those folks sue Microsoft? (Answer: No.)
So, before you go around saying things like "intentionally", show me the figures for:
1. How many iPhones were bricked by the update, and
2. How many same-model iPhones were NOT bricked by the update.
Something was already wrong with the bricked phones prior to the update. Could have been a manufacturing defect, or something the user did, I dunno.
The iTouch is a totally different animal, UB355. The complaint was about the iPhone... which has cellular service.
Where did Apple say you could not do whatever you wanted with your phone? They did say that if you hacked or modified it they would not pay to fix it. No manufacturer can warranty against problems that you intentionally cause. This weekend I am going to rewire my Sharp Aquos to display 3d. If I break it while trying to apply my design tweak, should Sharp buy me a new tv? A few years ago I bought a Pioneer NAVIC 2 for my car. I modified it so it would show movies in the front seat while driving. This totally voided the warranty. I understood the risk and accepted it. No one forced me to buy the product, same as Apple, same as Sony etc. What electronic manufacturer do you know of that allows modifications to their product that they willl warranty? Modify away, you are totally entitled to, just don’t go running to the manufacturer complaining when you break it.
To keep on topic, my 3GS with the latest software runs every bit as good as it did from the day I turned it on.
I agree that the 3GS is fine. But... my family has 5 iPhones, and our 3 3G users are all experiencing much worse performance since “upgrading” to iOS. My 3GS is fine, but the 3G phones are MUCH slower with iOS doing basic tasks like opening up the Notes app, opening up text messaging, etc. I am a Mac owner since my 128K Mac in 1984, and I love my iPad, but the 3G phones were screwed over by iOS.
We are moving to 4Gs, but I am disappointed that the 4.01 and 4.02 upgrades have not fixed the 3G phones. Bottom line I’m a pretty big Apple fan, but believe in calling things as I see them - Apple seriously compromised the 3G phones with iOS, and it’s hard to imagine they did not know this before releasing it.
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