It is obvious to everybody that this guy is on the make. If he was truly dissatisfied with his 4S he could just take it back and get a refund - what 'damages' is he claiming over and above the cost of the phone? Damages for his hurt feelings, his loss of business, his ruined road trip? Also
I keep thinking of the Hugh Grant 'Mickey Blue Eyes' character trying to mimic the 'Noo Yoyk' accent and just wonder if the guy has some impenetrable dialect. That would be hilarious if it ever came to court!
Exactly. Just return the phone within the 2 weeks as per Apple's return policy. Why are people wasting the court's time with this.
"Beta" means "our lawyers told us this is how we can sell you an incomplete or broken product and say 'we told you so' rather than pay up when you sue us."
Why is we as a society tolerate this crap merely because a product is virtual rather than physical? What would you think of an auto manufacturer who offered a car for sale, claiming its gas tank was in "beta?" The whole things is about as honorable as "Stop whining - I told you I was a violent drunk before you married me." Whatever bottom-feeding marketeers claim, if you paid for it, it's a product, not a test.
Where can I sign up to a class action against the lawyers, for making an ass of the law?
The same place we signed up to believe using magic words like "beta" and "EULA" should relieve corporations from all responsibility for selling defective goods. Apple's ads show an extraordinary, fluid, seamless experience. If that departs significantly from the reality of the product, its customers are entitled to compensation.
The last time I checked, no definition of the word "beta" excused false advertising, and the fact that such dishonesty is usually embodied in gorgeous pictures doesn't make it any more ethical.
Advertising has so accustomed us to bullshit that, as a culture, we seldom pause to note that it's 95% lies. We unconsciously regard it as entirely normal - and there completely acceptable - for corporations to lie. The phrase "truth in advertising" has the same quaint, old-man-ranting-in-rocking-chair sound as "the gold standard" or "courtesy."
I like Siri and use it daily. Not perfect but what is...
I like it too, and use it all the time. But my experience resembles that shown in the ads to the same degree that nearly all people look alike because most of us have noses. Which is to say, superficially.
Just for the hell of it, I repeated all the commands Apple demonstrates in its advertising. Siri failed 40% of the time. I'm not outraged because it never occurred to me the ads were anything but fantasies.
The fact that nearly all advertising is false doesn't mean we shouldn't continue to hold companies responsible for misrepresenting their products. It's worth it, if only "to encourage the others."
Is he the guy who sued because he bought some aftershave that showed sexy women falling all over the actor - and when he tried it, it didn't work?
The fact that any sensible person understands that advertising is an industry based on dishonesty and expects all companies to lie about their products doesn't mean it's ethical for those companies to do so.
Yeah. This is the USA. And here we speak American English. If somebody can't, then that's their problem.
If somebody is in an accident and they lose 2 fingers on each hand, and then they go out and buy an iPad, should they sue Apple because they can't make a five finger gesture?
Now I seriously think you're just trolling. Adding ignorance and stupidity to the "bigoted" label?
Proper "American English"? Yes, there is the "New American Dictionary", and it has standardized "pronunciation rules" and such… but, if you get out at all you'll notice that SPOKEN English (whether the Queen's, or any of her upstart variants) diverge rapidly in accent, idiom and slang according to region, some of those regions being as narrow as a single city...
So tell me, which Americans are speaking "proper American English"? People from New Jersey or New Orleans? People from Wichita or from Orlando? Boston or San Fernando Valley? South SIde of Chicago or Upper East side of New York City?
All-American places filled with Americans, all speaking very different sounding "american english"…
It's amazing SIRI works at all. The fact that it works as well as it does is an amazing technological achievement in my book…
The lawsuit is absolutely frivolous. I hope the judge sees that early and tosses it. As so many have noted, the 30-day refund is the best class-action rebuff in existence… don't like it? Doesn't perform as you thought it was advertised? Don't give them your business. Period. Apple doesn't make it hard or painful to get that refund...
In my experience Siri works better than advertised and better I expected. And it keeps steadily improving. It learns me. It has freed me to compose a book in text, something I could never have done typing.
Your whole premise is ridiculous. Embarrassing for you. You remind me of the episode when Cartman insists on everyone speaking amerrrrriccaaaaaaaaaaaaan.
Ignorant stupid man. Good god.
Apple is an international company - and you are a citizen of the world (a citizen whose US dollar trails such financial luminaries such as australia and frankly most other countries... these days....but a citizen nevertheless - like it or not. The world changed since 1950 - you may not have noticed.
Siri was advertised as THE big reason to buy a 4S. Beta on fine print or whatever....apple should not have released it. Because its rubbish. And it was an amateurish move.
Quote:
Originally Posted by Apple ][
Since you're asking me if I'm drunk or a bigot, I will have to ask you if you're ignorant?
SIRI in foreign countries is tailored to understand the speech of those countries. That's why there's a SIRI for UK and a SIRI for Australia and a SIRI for US.
The guy suing Apple is using the US version of SIRI, since he's in the US. And if he does not speak proper American English, then that is his problem.
Real New Yorkers from "The City" pronounce the two words as a single syllable: as" Narak."
"Where are you from?"
"Narak Narak."
Thanks for that Macky - I've never been there and only have movies to go on so couldn't tell a Bronx accent from a Queens or whatever. I'm sure that just as a Geordie (Newcastle) or a Scouse (Liverpool) accent could confuse a visitor from the States to the UK (and are just as likely to be beyond Siri's abilities) there have to be 'born in the USA' accents that are virtually impossible for Siri to parse. To be so upset about this as to go to litigation, when Apple offers 'money back if your not happy with your purchase' warranty is bizarre. In fact I think that fact kills any action stone dead.
That's one of thousands. Literally- thousands. Just google it man. I don't know how many times you have to get proven wrong with egg on your face before you learn to stop calling out people with stuff you don't know.
While you're at it- look at those that have been disbarred or held in contempt, and the law firms sanctioned (I'm thinking of a $900k sanction on a firm that tried to sue chrysler at top of mind).
Here is the legal document so you can educate yourself:
In the United States, Rule 11 of the Federal Rules of Civil Procedure and similar state rules require that an attorney perform a due diligence investigation concerning the factual basis for any claim or defense. Jurisdictions differ on whether a claim or defense can be frivolous if the attorney acted in good faith. Because such a defense or claim wastes the court's and the other parties' time, resources and legal fees, sanctions may be imposed by a court upon the party or the lawyer who presents the frivolous defense or claim. The law firm may also be sanctioned, or even held in contempt.
To your second "point"- never did I claim it WAS frivolous. I said "if it is found to be frivolous". In a nutshell- my point was that everyone needs to stop throwing stones because it hasn't even been determined yet. If the elected judge finds it frivolous, then the people have spoken. if the elected judge finds it valid, then the people have spoken. If our constitutional right and the Jury of our peers (if it gets to that point) finds he is awarded a sum- then the people have spoken. If they don't find he is owed anything- then the people have spoken.
All I'm saying is let the courts decide. And let both arguments be made by the plaintiffs and defendants. Everyone out here starts toting their opinions and throwing insults at the guy and they don't even have any facts. Until they have their day in court- we won't have all the facts. Get facts- then make opinions. Opinions based on no fact are really childish.
As a side note:
"Heavily fined" is a relative term. The majority of attorneys are not wealthy by any means. Moreover, your very wealthy attorneys that make hundreds of thousands (or millions) of dollars typically don't need to "make a name for themselves". Why? They are already rich and it hurts their credibility. If they think they can win- they take the case. One of our side companies at our office is a shell company that finances smaller attorney's court costs. If they win, they pay us when they get their court costs back. We are basically a financier while they go through the 3-6 month (sometimes longer) litigation process and accumulate $5k, $10k, $20k, $50k, etc. worth of expenses. We charge a % to carry their court costs, and then they pay us back at judgement + interest. Of the hundreds of cases a year, maybe 1 gets lost, and they are put on a repayment schedule (or lump sum). Again, 99% of your attorneys take cases they believe they can win. You'd be amazed at the number of finances we do weekly. And we're a tiny company in the scheme of it all. There are hundreds of others. Thats because attorneys can't even float a measly $20k. So when you get fined "$25k", don't think of some hot shot lawyer driving a porsche and having $10k suits. Its a guy, in an office of 3, who is getting by case by case. $25k hurts him a lot. Not to mention he just dedicated several weeks or months worth of work.
Frivolous lawsuits aren't as prominent as the Chamber of Commerce wants you to believe they are.
Quote:
Originally Posted by AdonisSMU
Jury? If it even gets that far. Apple made more than an effort to let everyone know that Siri was beta. Secondly, he can just return the fuckin phone within the return period like most unsatisfied customers do.
While you and I know- I assure you my parents in my 60s have no idea. They don't quite follow the tech blogs. In fact my 20 something wife doesn't know either- just asked- and she's married to me- an apple nerd. I'd say 80-90% don't know (just an assumption).
Siri has been spot on for me it's found every restaurant, parking lots, hospital's I mean everything I even ask it, I even asked it where I could get f*cked, and Siri answered, I found 2 escort service places near you. So I'd say this guy is doing something wrong, or he forgot to spit the sh*t out of his mouth before talking to Siri.
Though I think this guy is moron, does it say anywhere in the commercial Beta? I can not see it at work? Regardless, these lawsuits are getting insane.
How about the DSL commercials that show people surfing the web at like gigabit speeds, how come no one's suing the crap out of them? If you buy the phone & don't like the functionality then return it. If you feel Apple has been malicious, ask them to refund you any money lost. If they refuse, then you sue them. Class action?!!! Come on!!!!
Comments
I keep thinking of the Hugh Grant 'Mickey Blue Eyes' character trying to mimic the 'Noo Yoyk' accent and just wonder if the guy has some impenetrable dialect. That would be hilarious if it ever came to court!
Exactly. Just return the phone within the 2 weeks as per Apple's return policy. Why are people wasting the court's time with this.
Surely this guy can get that command to work
BETA means BETA!
"Beta" means "our lawyers told us this is how we can sell you an incomplete or broken product and say 'we told you so' rather than pay up when you sue us."
Why is we as a society tolerate this crap merely because a product is virtual rather than physical? What would you think of an auto manufacturer who offered a car for sale, claiming its gas tank was in "beta?" The whole things is about as honorable as "Stop whining - I told you I was a violent drunk before you married me." Whatever bottom-feeding marketeers claim, if you paid for it, it's a product, not a test.
Where can I sign up to a class action against the lawyers, for making an ass of the law?
The same place we signed up to believe using magic words like "beta" and "EULA" should relieve corporations from all responsibility for selling defective goods. Apple's ads show an extraordinary, fluid, seamless experience. If that departs significantly from the reality of the product, its customers are entitled to compensation.
The last time I checked, no definition of the word "beta" excused false advertising, and the fact that such dishonesty is usually embodied in gorgeous pictures doesn't make it any more ethical.
Advertising has so accustomed us to bullshit that, as a culture, we seldom pause to note that it's 95% lies. We unconsciously regard it as entirely normal - and there completely acceptable - for corporations to lie. The phrase "truth in advertising" has the same quaint, old-man-ranting-in-rocking-chair sound as "the gold standard" or "courtesy."
I like Siri and use it daily. Not perfect but what is...
I like it too, and use it all the time. But my experience resembles that shown in the ads to the same degree that nearly all people look alike because most of us have noses. Which is to say, superficially.
Just for the hell of it, I repeated all the commands Apple demonstrates in its advertising. Siri failed 40% of the time. I'm not outraged because it never occurred to me the ads were anything but fantasies.
The fact that nearly all advertising is false doesn't mean we shouldn't continue to hold companies responsible for misrepresenting their products. It's worth it, if only "to encourage the others."
Is he the guy who sued because he bought some aftershave that showed sexy women falling all over the actor - and when he tried it, it didn't work?
The fact that any sensible person understands that advertising is an industry based on dishonesty and expects all companies to lie about their products doesn't mean it's ethical for those companies to do so.
Yeah. This is the USA. And here we speak American English. If somebody can't, then that's their problem.
If somebody is in an accident and they lose 2 fingers on each hand, and then they go out and buy an iPad, should they sue Apple because they can't make a five finger gesture?
Now I seriously think you're just trolling. Adding ignorance and stupidity to the "bigoted" label?
Proper "American English"? Yes, there is the "New American Dictionary", and it has standardized "pronunciation rules" and such… but, if you get out at all you'll notice that SPOKEN English (whether the Queen's, or any of her upstart variants) diverge rapidly in accent, idiom and slang according to region, some of those regions being as narrow as a single city...
So tell me, which Americans are speaking "proper American English"? People from New Jersey or New Orleans? People from Wichita or from Orlando? Boston or San Fernando Valley? South SIde of Chicago or Upper East side of New York City?
All-American places filled with Americans, all speaking very different sounding "american english"…
It's amazing SIRI works at all. The fact that it works as well as it does is an amazing technological achievement in my book…
The lawsuit is absolutely frivolous. I hope the judge sees that early and tosses it. As so many have noted, the 30-day refund is the best class-action rebuff in existence… don't like it? Doesn't perform as you thought it was advertised? Don't give them your business. Period. Apple doesn't make it hard or painful to get that refund...
Ignorant stupid man. Good god.
Apple is an international company - and you are a citizen of the world (a citizen whose US dollar trails such financial luminaries such as australia and frankly most other countries... these days....but a citizen nevertheless - like it or not. The world changed since 1950 - you may not have noticed.
Siri was advertised as THE big reason to buy a 4S. Beta on fine print or whatever....apple should not have released it. Because its rubbish. And it was an amateurish move.
Since you're asking me if I'm drunk or a bigot, I will have to ask you if you're ignorant?
SIRI in foreign countries is tailored to understand the speech of those countries. That's why there's a SIRI for UK and a SIRI for Australia and a SIRI for US.
The guy suing Apple is using the US version of SIRI, since he's in the US. And if he does not speak proper American English, then that is his problem.
Real New Yorkers from "The City" pronounce the two words as a single syllable: as" Narak."
"Where are you from?"
"Narak Narak."
Thanks for that Macky - I've never been there and only have movies to go on so couldn't tell a Bronx accent from a Queens or whatever. I'm sure that just as a Geordie (Newcastle) or a Scouse (Liverpool) accent could confuse a visitor from the States to the UK (and are just as likely to be beyond Siri's abilities) there have to be 'born in the USA' accents that are virtually impossible for Siri to parse. To be so upset about this as to go to litigation, when Apple offers 'money back if your not happy with your purchase' warranty is bizarre. In fact I think that fact kills any action stone dead.
"pretty well"
(Just so you don't sound like a retard.)
ROFLMAO... BURNED!!! ( and yes i did read apple]['s response...) whats next ? "i just boughten the new iPad?"
Really? Care to point to a similar case where the attorneys have been fined heavily by the court for filing a frivolous suit?
And on what basis do you claim that it's frivolous? Especially since you claim that it doesn't work as advertised.
I think you're imagining things.
http://jonathanturley.org/2009/10/13...er-litigation/
That's one of thousands. Literally- thousands. Just google it man. I don't know how many times you have to get proven wrong with egg on your face before you learn to stop calling out people with stuff you don't know.
While you're at it- look at those that have been disbarred or held in contempt, and the law firms sanctioned (I'm thinking of a $900k sanction on a firm that tried to sue chrysler at top of mind).
Here is the legal document so you can educate yourself:
In the United States, Rule 11 of the Federal Rules of Civil Procedure and similar state rules require that an attorney perform a due diligence investigation concerning the factual basis for any claim or defense. Jurisdictions differ on whether a claim or defense can be frivolous if the attorney acted in good faith. Because such a defense or claim wastes the court's and the other parties' time, resources and legal fees, sanctions may be imposed by a court upon the party or the lawyer who presents the frivolous defense or claim. The law firm may also be sanctioned, or even held in contempt.
To your second "point"- never did I claim it WAS frivolous. I said "if it is found to be frivolous". In a nutshell- my point was that everyone needs to stop throwing stones because it hasn't even been determined yet. If the elected judge finds it frivolous, then the people have spoken. if the elected judge finds it valid, then the people have spoken. If our constitutional right and the Jury of our peers (if it gets to that point) finds he is awarded a sum- then the people have spoken. If they don't find he is owed anything- then the people have spoken.
All I'm saying is let the courts decide. And let both arguments be made by the plaintiffs and defendants. Everyone out here starts toting their opinions and throwing insults at the guy and they don't even have any facts. Until they have their day in court- we won't have all the facts. Get facts- then make opinions. Opinions based on no fact are really childish.
As a side note:
"Heavily fined" is a relative term. The majority of attorneys are not wealthy by any means. Moreover, your very wealthy attorneys that make hundreds of thousands (or millions) of dollars typically don't need to "make a name for themselves". Why? They are already rich and it hurts their credibility. If they think they can win- they take the case. One of our side companies at our office is a shell company that finances smaller attorney's court costs. If they win, they pay us when they get their court costs back. We are basically a financier while they go through the 3-6 month (sometimes longer) litigation process and accumulate $5k, $10k, $20k, $50k, etc. worth of expenses. We charge a % to carry their court costs, and then they pay us back at judgement + interest. Of the hundreds of cases a year, maybe 1 gets lost, and they are put on a repayment schedule (or lump sum). Again, 99% of your attorneys take cases they believe they can win. You'd be amazed at the number of finances we do weekly. And we're a tiny company in the scheme of it all. There are hundreds of others. Thats because attorneys can't even float a measly $20k. So when you get fined "$25k", don't think of some hot shot lawyer driving a porsche and having $10k suits. Its a guy, in an office of 3, who is getting by case by case. $25k hurts him a lot. Not to mention he just dedicated several weeks or months worth of work.
Frivolous lawsuits aren't as prominent as the Chamber of Commerce wants you to believe they are.
Jury? If it even gets that far. Apple made more than an effort to let everyone know that Siri was beta. Secondly, he can just return the fuckin phone within the return period like most unsatisfied customers do.
While you and I know- I assure you my parents in my 60s have no idea. They don't quite follow the tech blogs. In fact my 20 something wife doesn't know either- just asked- and she's married to me- an apple nerd. I'd say 80-90% don't know (just an assumption).
'll be testing out the dictation feature on the iPAD this friday, and I expect it to work pretty good, since I don't speak like a retard.
So is not speaking like a retard an advantage or a disadvantage to someone like you who actually is a retard?
And will you get to the head of the line when you go get an iPad because you are a retard?
Generally public has no idea what that means...
Yeah, thanks to Google.
Though I think this guy is moron, does it say anywhere in the commercial Beta? I can not see it at work? Regardless, these lawsuits are getting insane.
How about the DSL commercials that show people surfing the web at like gigabit speeds, how come no one's suing the crap out of them? If you buy the phone & don't like the functionality then return it. If you feel Apple has been malicious, ask them to refund you any money lost. If they refuse, then you sue them. Class action?!!! Come on!!!!