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.
True. But you can throw it at angry birds (without worrying about the cost as it falls back to the ground)
“You must be ADHD.”
No, but I am a fast reader. Nice ad hominem though.
“I have NEVER worn out a paperback and I’ve read most of mine more than once, several of them tens of times.”
Hard to believe. I have quite a few older paperbacks where the glue has just given up - not read even ten times.
“If your books are getting splashed with seawater I shiver to think of the damage that water is doing to your reader.”
I would like to find (or invent) a waterproof Kindle cover that doesn’t impair function. Not very practical with paper books.
“But they sure can steal your 150 dollar reader. In which case they also get a bunch of free books!”
Yep, although the “free books” don’t harm anyone - amazing how those new fangled bits work... ;-)
As I pointed out, the lower cost of buying e-books works towards making the reader free, eventually. However I suppose even $150 might be worth an insurance claim.
“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.”
Surely you’re aware of the myriad electronic devices that work fine in any temperature found on Earth. Our troops in the Middle East sure appreciate many of them... The laws of physics work in mysterious ways. ;-)
No, but I am a fast reader. Nice ad hominem though.
Thank You. How many books do you read at the same time while out on the beach? I don't know of anyone who takes more than one book out at a time. I just figured that anyone who couldn't focus on one book for the afternoon must be ADHD (or perhaps they read really, really short books)
Hard to believe. I have quite a few older paperbacks where the glue has just given up - not read even ten times.
Treat a book correctly and it will never wear out. Don't bend the spine backwards, don't bend the pages, keep your hands clean. I've been buying paperbacks (many of them used) for 35 years now and still haven't ever wore out a book. Of course I do know people who mistreat their books and those books don't last long.
I would like to find (or invent) a waterproof Kindle cover that doesn’t impair function. Not very practical with paper books.
Also not required. I've seldom splashed water on any book I have and the few times it has happened they have always dried out.
As I pointed out, the lower cost of buying e-books works towards making the reader free, eventually. However I suppose even $150 might be worth an insurance claim.
The reader will never be free. You spent $150 on it. And then in a few years you'll upgrade and spend another $100 or so etc. Technological toys always need upgrading. You may spend a little less on the books themselves but the cost of the reader is the cost of the reader.
Surely you’re aware of the myriad electronic devices that work fine in any temperature found on Earth.
Yep I am. But the bozos from the article were whining about an elctronic device overheating. That's what electronic devices in direct sunlight do.
Please note that I am not anti-ebooks or ebook readers. I just think they are a waste of money since you can read the book itself without having to charge the reader, risk it being stolen etc. (and of course if the SHTF all those ebook readers become worthless pretty quickly (no power to recharge them) while printed books remain useful).
You may enjoy your reader. But to me they are senseless.
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