Apple iSuit Ping!
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Posted on 02/16/2011 12:53:54 AM PST by Swordmaker
'Allegations are insufficient,' says federal judge; plaintiffs have 30 days to file amended complaint
Computerworld - A federal judge has tossed a class-action lawsuit that claimed Apple's iPad overheats when used outdoors in warm weather or in direct sunlight, according to court documents.
In an order dated last Thursday, U.S. District Court Judge Jeremy Fogel dismissed a lawsuit submitted in July 2010 that accused Apple of fraud, deceptive advertising and violating California's consumer protection and unfair business practices laws by making, marketing and selling defective tablets.
The three plaintiffs -- Jacob Balthazar, Claudia Keller and John Browning -- said last year that they were duped into buying a defective device by Apple's marketing claims that "reading on iPad is just like reading a book."
Balthazar, Keller and Browning alleged that, unlike a book, the iPad unexpectedly shuts down in warm weather or when it's in direct sunlight.
But on Thursday, Fogel said that the trio's original charges were inadequate.
"The Court concludes that these allegations are insufficient," Fogel wrote in his order. "At the least, Plaintiffs must identify the particular commercial or advertisement upon which they relied and must describe with the requisite specificity the content of that particular commercial or advertisement."
Fogel gave Balthazar, Keller and Browning 30 days to file an amended complaint that must add the specifics he cited.
Reports of iPads overheating preceded their threesome's lawsuit. Within hours of its April 3, 2010, launch, for example, users complained that the iPad shut down after being in direct sunlight.
"After about 10 minutes in the sun, my iPad overheated!," said Elliot Kroo in an April 3 message on Twitter. Kroo also posted a screenshot of the ensuing warning that read, "iPad needs to cool down before you can use it."
Apple sold 14.8 million iPads in 2010, and is expected to launch the next-generation tablet in April.
Gregg Keizer covers Microsoft, security issues, Apple, Web browsers and general technology breaking news for Computerworld. Follow Gregg on Twitter at @gkeizer or subscribe to Gregg's RSS feed . His e-mail address is gkeizer@computerworld.com.
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A black device, out in the direct Sunlight. One would think that after a few short minutes science would apply itself, and the damn thing will begin to get fairy warm!
Nice try - we all want OUR MONEY.
They’re just lucky their toy shut down, rather than had its battery self-ignite, which can be quite a fire show.
I’ve used mine out in the sun. You have to turn up the brightness control, but I’ve read outside in direct sun. Didn’t seem to get too hot, but it did warm, and never shut off because of heat.
But then again, I wasn’t say, sitting on a beach in Miami, so who knows.
This sounds like another BS lawsuit that likes to clog the court system these days.
They need to put down their fancy toys and pick up a ball and glove (or a frisbee etc)and start playing.
Ipad is a computer. Why would they want to be working on a computer when there is a bright sunshiney day to play in?
“Why would they want to be working on a computer when there is a bright sunshiney day to play in?”
Actually this is a good thing in that it gives me yet another reason to pick up a Kindle as well as an iPad. First off, I’ll be a lot less nervous about a <$150 Kindle at the beach instead of a $500-$800 iPad. Second, the Kindle is better for bright conditions anyhow. Third...this overheating issue! Perfect!
(Yes I do active stuff outdoors too - but I also enjoy reading there!)
I'd be less nervous about a $4.95 paperback.
I’ll bet if they put it in the oven the same thing would happen. I doubt that the iPad would preform well on a 300 foot scuba dive either, or at -50 degree F. Some of these law suits just cry out, “Don’t you people have any common sense?”
If you enjoy reading let me suggest a very inexpensive and enjoyable device that will let you read everywhere without regard to overheating or someone stealing your elctronic device.
It's called a book. Works every time and never overheats (Well I guess it does overheat at 451 deg F)
“I’d be less nervous about a $4.95 paperback.”
That may be true, but before very long the Kindle will pay for itself with less expensive content. Plus, that content is mine forever, unlike paper books which can burn, shred, fall apart - or get doused with seawater. ;-)
You really ought to take better care of your books :-)
“If you enjoy reading let me suggest a very inexpensive and enjoyable device that will let you read everywhere without regard to overheating or someone stealing your elctronic device.
It’s called a book. Works every time and never overheats (Well I guess it does overheat at 451 deg F)”
See my response to Mr. 6-pack for part of the answer.
I forgot to mention also that taking a several hundred book library to the beach isn’t too practical except with the Kindle or other e-reader. The small Kindle is more compact and lighter than a single paperback.
Another interesting point is that while someone could walk off with my physical book, there is no way for anyone to steal my e-books. :-)
“You really ought to take better care of your books :-)”
I put it in the category of “be prepared”. ;-)
Besides, I’ve had dozens of paperbacks fall apart even when handled well - they’re not made to last, even at $5-$10 a pop.
Also, "unlike a book" it shuts down when the battery is depleted, isn't made of paper, you can't dogear the pages, and about a thousand other things. Morons.
You must be ADHD. I take one book at a time to the beach (or the boat or anywhere). I have NEVER worn out a paperback and I've read most of mine more than once, several of them tens of times.
If your books are getting splashed with seawater I shiver to think of the damage that water is doing to your reader. Another interesting point is that while someone could walk off with my physical book, there is no way for anyone to steal my e-books. :-)
But they sure can steal your 150 dollar reader. In which case they also get a bunch of free books!
I have NEVER had a book stolen from me. Not once. I don't even know why someone would steal a book. But I've heard reports of tons of ipads, ipods, phones, laptops and other small electronic devices stolen.
I really have nothing against the readers for those who like them. But the folks in this article were whining about a defining characteristic of all electronics (leave them in the sun and they overheat. D'uh). No matter how much they whine we can't change the laws of physics.
They should just pick up a book if they want to read outside.
Looks to me as if the Judge in this case provided them with what they lacked... a judgement!
Yeah, but you can't play Angry Birds on it.
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