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iPad overheating lawsuit dismissed as Jobs' controversial mansion is razed

post #1 of 48
Thread Starter 
A lawsuit accusing Apple of falsely advertising the iPad has been dismissed due to lack of specificity, while CEO Steve Jobs has finally succeeded in having the historic Jackling mansion torn down, ending a decade-long personal struggle.

Class-action lawsuit

Court documents reveal that a federal judge has dismissed a class-action lawsuit, Gregg Keizer of Computerworld reports. The suit was filed in July of last year and alleged that Apple had failed to warn users that the iPad could overheat when used in direct sunlight and had falsely advertised that the tablet device functioned like a book.

"Using the iPad is not 'just like a reading book' at all since books do not close when the reader is enjoying them in the sunlight or in other normal environmental environments," the complaint read.

U.S. District Court Judge Jeremy Fogel issued the order last week. "The Court concludes that these allegations are insufficient," said Fogel. "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."

Plaintiffs Jacob Balthazar, Claudia Keller and John Browning have 30 days to refile an amended complaint with the required specifics.

Jackling mansion

According to local newspaper the Almanac, demolition of the Jackling mansion began earlier this week. A person knowledgeable about the operation said the house had been "essentially flattened," though complete destruction of the house will take approximately two weeks.

The razing of the 17,250-square-foot mansion puts an end to a decade long controversy between Jobs and preservationists. The Spanish colonial revival mansion, which was built by Copper baron Daniel Jackling in the 1920s, had attracted the attention of local historians, who argued that the house was historically significant.

Jobs purchased the mansion in 1984 and lived in it for roughly 10 years before renting it out. The home has stood vacant since 2000, in what critics have called "demolition by neglect."

After several back and forth filings involving the city of Woodside and preservation group Uphold our Heritage, Jobs finally received the permit last week authorizing demolition of the home.

Jobs reportedly plans to build a smaller, more private home in place of the dilapidated mansion.

post #2 of 48
And does the iPad's screen rip when you turn the pages too fast?

Seems like a lazy lawsuit to me...

"Using the iPad is not 'just like a reading book' at all since books do not close when the reader is enjoying them in the sunlight or in other normal environmental environments," the complaint read.
post #3 of 48
Another case of some idiot buying a product and expecting it to perform in a way or do something it was never designed to do, nor was it ever claimed by the company to do. These morons really can't tell the difference between a paper bound book, and an iPad. It's one thing for Apple to say there is an iBookstore ... it's another entirely if what you hear from that same statement is "the iPad works just like a book." Don't get mad at Apple because you didn't bother to actually learn about the $500 dollar product before you bought it.

Back when I worked in computer sales it was amazing to me what people would come in to complain about, and the reasons they gave for why we should "have to" take the particular product back. There was the guy who wanted to return his iPod because he couldn't play his CD's directly from it (I don't mean digitally transfer them to the iPod ... I mean he thought the USB cable connected to some kind of disc player that then played the music over the iPod ... which kind of defeats the idea of the iPod, because all you would need is a Discman). Then there was the guy who bought a graphics tablet and got upset it didn't come with several Adobe programs costing thousands of dollars. "You really think you were supposed to get two thousand dollars of software with a hundred dollar tablet," I asked him. Then there was the lady who bought a desktop because she wanted to get on the internet, and got upset the computer didn't automatically connect to the internet when she took it home - turns out she didn't know about ISP's and that computers don't magically just connect to the internet without some sort of service. And my personal favorite was the man who bought a laptop and was irate that he was required to recharge the battery. I don't mean he was upset because the battery didn't hold a charge very long, or that the charger didn't work ... I mean he thought the laptop was supposed to have some sort of battery that never needed to be charged, and just always had power (like a T2000 or something). Every single one of them swore the product was advertised to do whatever ridiculous thing they claimed ...

Some people are just stupid ... and they always want to blame someone else for their own stupidity.
post #4 of 48
The judge dropped that case like a hot potato.
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post #5 of 48
Quote:
Originally Posted by hill60 View Post

The judge dropped that case like a hot potato.

What's so historical about the house anyway? It wasn't even a hundred years old.
post #6 of 48
You sure it wasn't an iPad that destoyed the house?
post #7 of 48
Too bad Steve couldn't start on that new house around 2005, when a guy making a dollar a year could get a home loan.

post #8 of 48
Title says all.
post #9 of 48
Why weren't these two articles in separate posts? They have nothing to do with each other.

iPad lawsuit: What a stupid claim. If you truly wanted to own a book, you should have bought a book. Or perhaps a Kindle or Nook. There were no surprises in the iPad.

House: If the preservationists really wanted to maintain the house, they could have bought it. They just wanted someone else to pay for it and do their bidding. I think it looked like a nice house and if I owed it, I wouldn't have demolished it. But I didn't own it.
post #10 of 48
Quote:
Originally Posted by Mac'em X View Post

Too bad Steve couldn't start on that new house around 2005, when a guy making a dollar a year could get a home loan.


LOL -- awesome quote!
post #11 of 48
The fact that it took so long for Jobs to demolish a house that he legally owned is, I believe, an illustration of what's wrong with California. There are just too many obstacles to progress in that state. I don't mean to suggest that I want to live in some kind of libertarian fantasy world where we ignore all externalities (http://en.wikipedia.org/wiki/Externalities) and have everyone pursue their private interests without regard to any other consideration. I'm just saying that in CA it seems that the process for balancing these competing concerns appears to be highly inefficient, and that the balance seems a little skewed to me in many cases (another example is the difficulty in using desert land for solar power generation due to environmental concerns -- the irony of course being that the whole point of solar power generation is to help solve the single biggest environmental issue in the history of human civilization, but god forbid we piss off some turtles).
post #12 of 48
that mansion didn't even have cable!
post #13 of 48
Lol, I wonder if he had a glass of champagne when they finally flattened it. What a battle.
post #14 of 48
You guys are obsessed with this mansion.
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post #15 of 48
Quote:
Originally Posted by Mac'em X View Post

Too bad Steve couldn't start on that new house around 2005, when a guy making a dollar a year could get a home loan.




At least, he has his worthless Apple stock to pledge......
post #16 of 48
Quote:
Originally Posted by Mac'em X View Post

Too bad Steve couldn't start on that new house around 2005, when a guy making a dollar a year could get a home loan.


Took me a second to get that. Nice one! Lol.

On a separate note:
Really? You didn't present a copy of the offending advertising? Really?
post #17 of 48
Quote:
Originally Posted by tsa View Post

What's so historical about the house anyway? It wasn't even a hundred years old.

In the USA that's "old" apparently.
post #18 of 48
I don't know about you guys, but I think the house was nice.
post #19 of 48
Don't forget my YouTube video testing iPad overheating
http://www.youtube.com/watch?v=7Jv1EYFQuZM
post #20 of 48
Quote:
Originally Posted by akf2000 View Post

You sure it wasn't an iPad that destoyed the house?

Quote:
Originally Posted by hill60 View Post

The judge dropped that case like a hot potato.

post #21 of 48
sPad or hPad or myPad

Skip
post #22 of 48
What? He couldn't tear down his own house? Hmmm sounds like a iPhone to me. We buy the phone and the service plan, but then Apple and AT&T tell us what we can and cannot do, even after the contract is up. Very similar. How does it feel Stevie!
post #23 of 48
Strange mix of subjects.

I guess all the standard outrage over lawsuits isn't justifiable. You don't simply drop one in the slot and money comes pouring out.
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post #24 of 48
It doesn't need to be old to be historic. Something from 1996 can be historic if it is a great example of an architectural style or simply a great building.

The Status of Liberty was historic the day it was dedicated, and should not be torn down. It's not about old.
post #25 of 48
I'm glad it's over. In my opinion based the on the interior and exterior photos I've seen this house was not one of that architect's finer works. From the outside it looked like Spanish Colonial as interpreted by Benito Mussolini. It had that kind of blank industrial modernism that Italian fascists were so fond of. That, with a few terra cotta tiles and wrought iron railings thrown in for local color. The wealthy and powerful client who is used to getting his way often thinks of himself as "smarter" than the architect and will impose his own ideas on the plan. Wouldn't surprise me if that happened here. Frankly, the house is a rather poor example of its type compared to others of his work I've seen in Santa Barbara and elsewhere. Kinda ugly.
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post #26 of 48
Quote:
Originally Posted by Robin Huber View Post

I'm glad it's over. In my opinion based the on the interior and exterior photos I've seen this house was not one of that architect's finer works. From the outside it looked like Spanish Colonial as interpreted by Benito Mussolini. It had that kind of blank industrial modernism that Italian fascists were so fond of. That, with a few terra cotta tiles and wrought iron railings thrown in for local color. The wealthy and powerful client who is used to getting his way often thinks of himself as "smarter" than the architect and will impose his own ideas on the plan. Wouldn't surprise me if that happened here. Frankly, the house is a rather poor example of its type compared to others of his work I've seen in Santa Barbara and elsewhere. Kinda ugly.

It's actually quite comparable to his other work. You're entitled not to like it, but that changes nothing factually.

I know it's a waste of time, but I feel obligated to say it: Before anyone thinks about restarting the debate over whether this house was historically significant, or plans on offering any pet theories for why it took so long for Steve to get his demo permit, they might want to read one or two of the many previous threads on this subject, where all of this was explained in painful detail.

http://forums.appleinsider.com/showthread.php?t=107813

http://forums.appleinsider.com/showthread.php?t=99027

http://forums.appleinsider.com/showthread.php?t=112274
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post #27 of 48
Quote:
Originally Posted by Blastdoor View Post

The fact that it took so long for Jobs to demolish a house that he legally owned is, I believe, an illustration of what's wrong with California. There are just too many obstacles to progress in that state. I don't mean to suggest that I want to live in some kind of libertarian fantasy world where we ignore all externalities (http://en.wikipedia.org/wiki/Externalities) and have everyone pursue their private interests without regard to any other consideration. I'm just saying that in CA it seems that the process for balancing these competing concerns appears to be highly inefficient, and that the balance seems a little skewed to me in many cases (another example is the difficulty in using desert land for solar power generation due to environmental concerns -- the irony of course being that the whole point of solar power generation is to help solve the single biggest environmental issue in the history of human civilization, but god forbid we piss off some turtles).

It is not something unique to California. Same thing happens with regard to historical landmarks anywhere in the US but especially in affluent cities.

With regard to environmental issues: The main problem is there are several billion more people on this planet than it can sustain. If someone was truly an environmentalist they should not have any children. The desert turtles are being threatened more by people living in the desert than any solar power facility would.

Here is what is happening: People buy land ever closer to the desert and put in a nice landscaped yard with irrigation. Then it becomes an oasis for crows who can use the water as a staging area to go into the desert to hunt baby turtles. Previously they were unable to do so because there was no water within their flying range to get to and from the desert.

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post #28 of 48
so like a normal guy, Steve is just taking some sick leave to do some chores around the house.
post #29 of 48
Quote:
Originally Posted by AppleInsider View Post

... "Using the iPad is not 'just like a reading book' at all since books do not close when the reader is enjoying them in the sunlight or in other normal environmental environments," the complaint read. ...

Oh the humanity!

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post #30 of 48
Finally. The mansion stories with the bleeding-heart defenders of "history" pontificating in the forums about something they know nothing about is finally over. And so they will move on to some other subject to misinformantly preach on.
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post #31 of 48
Quote:
Originally Posted by nvidia2008 View Post

Don't forget my YouTube video testing iPad overheating
http://www.youtube.com/watch?v=7Jv1EYFQuZM

I want to do some "testing" at this same resort by the swimming pool.... where is this? The swimming pool looks vaguely familiar... i think I may have gone to a convention there. If it has a swim-up bar then I think I have been swimming there. And it's definately a nice place to do "research" and work on getting ideas.

Any way, nice video and nice "research project".


Get the inside scoop about the latest convention booth ideas.
post #32 of 48
Quote:
Originally Posted by Clive At Five View Post

Finally. The mansion stories with the bleeding-heart defenders of "history" pontificating in the forums about something they know nothing about is finally over. And so they will move on to some other subject to misinformantly preach on.

Pontification about something they know nothing about is a perfect definition of you to yourself.
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post #33 of 48
Quote:
Originally Posted by Prof. Peabody View Post

In the USA that's "old" apparently.

I think anything over 50 yrs is considered historical (in the US). However, I live in a 105 yr old house and I'm quite sure somebody could tear it down with no complaints
post #34 of 48
Quote:
Originally Posted by fishstick_kitty View Post

I think anything over 50 yrs is considered historical (in the US).

No, it isn't.
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post #35 of 48
Ah the perennial debate about when something morphs from being "Junk" to "Antique" in the minds of the beholder. For awhile I believe Palo Alto had an ordinance that dictated that any structure before a certain date (1940 if I recall) would be considered "historic". This raised a ruckus and I believe cooler heads prevailed and the ordinance was thrown out (not completely sure of all the facts, but it was almost as amusing as the Berkeley City Council and all its well-publicized left-wing politics and associated problems).
post #36 of 48
Quote:
Originally Posted by Bagman View Post

Ah the perennial debate about when something morphs from being "Junk" to "Antique" in the minds of the beholder. For awhile I believe Palo Alto had an ordinance that dictated that any structure before a certain date (1940 if I recall) would be considered "historic". This raised a ruckus and I believe cooler heads prevailed and the ordinance was thrown out (not completely sure of all the facts, but it was almost as amusing as the Berkeley City Council and all its well-publicized left-wing politics and associated problems).

The accuracy of your memory of this is very doubtful. It would make no sense for any city to declare all buildings built before a certain date to automatically be historic, since significance is based on many factors other than age. Far more likely, they established a cutoff date for buildings to require further study before being demolished. This would hardly be irregular. In fact, it's completely typical.

So no, historic is not in the mind of the beholder. Actual standards do apply.
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post #37 of 48
Quote:
Originally Posted by Dr Millmoss View Post

The accuracy of your memory of this is very doubtful. It would make no sense for any city to declare all buildings built before a certain date to automatically be historic, since significance is based on many factors other than age. Far more likely, they established a cutoff date for buildings to require further study before being demolished. This would hardly be irregular. In fact, it's completely typical.

So no, historic is not in the mind of the beholder. Actual standards do apply.

You are correct, in that it required a review by Palo Alto on ALL structures built before 1940, scheduled for demolition. Unfortunately, Palo Alto went a little overboard, and fully 2/3rds of those were either designated historic structures or contributing structures (which was a nebulous and ill-defined term at best), preventing basically 2/3rds of those stuctures from being demolished.

I don't know, but would guess that the uproar (it was in 1997) caused cooler heads to prevail, but the liberal bias toward preservation at all costs, and the anti-business sentiment in Palo Alto is well documented (I know first hand about this from trying to establish my practice back in 2003, and Palo Alto did everything possible to keep me from moving my practice). Had to hire consultants and lawyers to get up and running in a new location, but it was a nightmare. Palo Alto does things completely differently than the surrounding communities.

Don't know all the details of Jobs' problems, but would guess that he ran into quite a bit of subjective judgment on the merits of his house, rather than "Actual Standards" as you imply.
post #38 of 48
Quote:
Originally Posted by Bagman View Post

You are correct, in that it required a review by Palo Alto on ALL structures built before 1940, scheduled for demolition. Unfortunately, Palo Alto went a little overboard, and fully 2/3rds of those were either designated historic structures or contributing structures (which was a nebulous and ill-defined term at best), preventing basically 2/3rds of those stuctures from being demolished.

I don't know, but would guess that the uproar (it was in 1997) caused cooler heads to prevail, but the liberal bias toward preservation at all costs, and the anti-business sentiment in Palo Alto is well documented (I know first hand about this from trying to establish my practice back in 2003, and Palo Alto did everything possible to keep me from moving my practice). Had to hire consultants and lawyers to get up and running in a new location, but it was a nightmare. Palo Alto does things completely differently than the surrounding communities.

Don't know all the details of Jobs' problems, but would guess that he ran into quite a bit of subjective judgment on the merits of his house, rather than "Actual Standards" as you imply.

If this is what Palo Alto did, it would be an extremely unusual case. Even designated historic buildings are rarely protected to that extent, let alone, en masse.

Steve didn't run into subjective judgment. What he ran into was a city that tried to cut corners on the environmental review process (the city council was in favor of letting him demolish the house from the start). The city got busted and had to answer in court. If they'd done their business correctly from the very start, the entire process would have taken months instead of years.

I do this for a living. We often have to advise clients that the conservative approach is more likely to succeed. Sometimes they listen, sometimes they don't.
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post #39 of 48
Quote:
Originally Posted by Prof. Peabody View Post

In the USA that's "old" apparently.

"I come from England... you know, where all the history comes from" - Eddie Izzard.
post #40 of 48
Quote:
Using the iPad is not 'just like a reading book' at all since books do not close when the reader is enjoying them in the sunlight or in other normal environmental environments,

I really would like to see death by a thousand iPad cuts. That would be quite interesting.
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