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Judge tosses "iBrick" lawsuit over iOS 4 slowing iPhone 3G - Page 2

post #41 of 60
Quote:
Originally Posted by JONOROM View Post

Based on numerous reports I never did upgrade my old 3G to iOS 4.0+. The lawsuit was legit, IMHO. Especially since you couldn't downgrade your OS.

Why is that? You can never downgrade? Seems nefarious to me...

Actually, you can.

Quote:
Originally Posted by jbh0001 View Post

So this means that anyone can do anything to your hardware via software, and as long as they don't charge you for it, they are not responsible for loss of functionality.

By that same reasoning, no one can sue anybody that makes a virus or Trojan house, because

A. They didn't charge you for it, and
B. You chose to download it, even though you may have done so unwittingly, or had been enticed to by the claimed benefits.

Nice⸮

Nonsense, actually. Making and distributing a virus or trojan horse breaks all sorts of laws.

Quote:
Originally Posted by TBell View Post

The legal system worked exactly like it should. The judge viewed the evidence and dismissed the case. The lawyer bringing the lawsuit likely took the case on contingency. He likely put a lot of time into the matter, and now will not be compensated. The plaintiff will have to pay the cost (e.g. filing fees, etc.).

Assuming Apple didn't address the matter, the only part I see about the case being frivolous is the amount of damages the person was seeking. You could buy two new iPhones and four years of service for that. Ridiculous.

If performance really was an issue and Apple offered the upgrade, Apple should either 1) resolve the issues, or 2) offer a way to downgrade.

Apple DID resolve the issues with 4.1. So by your own admission, the case should never have been brought.

Quote:
Originally Posted by charlituna View Post

Backups are only if your data, not the system software

False.

Quote:
Originally Posted by nagromme View Post

I do think Apple should have held back iOS 4 from 3G owners, or scaled it back even if that meant dual versions and more work for Apple. They messed up, in my view, and I dont know how 3G owners tolerate it! (I know some who do!)

Why? It was an optional upgrade and many people found it useful. And with the 4.1 upgrade, performance was easily acceptable. Even the 4.0 version wasn't that bad - I had a 3G at the time.

Apple messed up by releasing the 4.0 version for the iPhone 3G, but they fixed it quickly enough.
"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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"I'm way over my head when it comes to technical issues like this"
Gatorguy 5/31/13
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post #42 of 60
Quote:
Originally Posted by sflocal View Post

Good. Now disbar the scumbag attorney for wasting everyone's time and money on a frivolous lawsuit.

And make this woman pay all Apple's legal expenses.
post #43 of 60
Quote:
Originally Posted by Paul94544 View Post

Apple is a big company with lots of money and is part of the establishment and the Judges are on their side, unlike hackers. So nothing has changed, its us against them

[insult removed]
post #44 of 60
Quote:
Originally Posted by nagromme View Post

I do think Apple should have held back iOS 4 from 3G owners, or scaled it back even if that meant dual versions and more work for Apple. They messed up, in my view, and I don’t know how 3G owners tolerate it! (I know some who do!)

That said... $5000? No.

The funny thing is- if they didnt offer iOS 4 for 3G users- they'd be pissed. Lol. Damned either way...


Quote:
Originally Posted by jragosta View Post

Why? It was an optional upgrade and many people found it useful. And with the 4.1 upgrade, performance was easily acceptable. Even the 4.0 version wasn't that bad - I had a 3G at the time.

Apple messed up by releasing the 4.0 version for the iPhone 3G, but they fixed it quickly enough.

Come on man... The performance was easily acceptable? Sending a text was like using premiere on a g4 power book.

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post #45 of 60
I'd like to see the plaintiff's response.
post #46 of 60
Quote:
Originally Posted by sflocal View Post

Good. Now disbar the scumbag attorney for wasting everyone's time and money on a frivolous lawsuit.

Disbar yourself!

I think this judge made a huge mistake with his reasoning for why he threw the case out. The real answer is, he's some typical overpaid law clerk who doesn't know a damn thing about iPhones, iTunes, or software updates. Clearly he searched for technicality he could stand on, barely found one, and used it to avoid having to hear the case. He knew he was incompetent on the issue and chose to stroke his ego instead of being honest, and threw the case out.

In truth, Apple software updates are about as mandatory as they can be without actually installing themselves, and the customer had no reason to suspect that Apple would rail them in the rear with the so called ios 4 "update" for the iPhone 3G.

Someone needs to pick up this case and see it through to the end. Apple should be ashamed of what they did in this instance, and I think they should pay for it.

Frivolous my ass.
post #47 of 60
Quote:
Originally Posted by jragosta View Post

Actually, you can.



Nonsense, actually. Making and distributing a virus or trojan horse breaks all sorts of laws.



Apple DID resolve the issues with 4.1. So by your own admission, the case should never have been brought.



False.



Why? It was an optional upgrade and many people found it useful. And with the 4.1 upgrade, performance was easily acceptable. Even the 4.0 version wasn't that bad - I had a 3G at the time.

Apple messed up by releasing the 4.0 version for the iPhone 3G, but they fixed it quickly enough.

No. This is a joke that you wrote. It's pure fiction, and you should show some respect to others, and delete it. Yes delete it.
post #48 of 60
Quote:
Originally Posted by pmz View Post

Disbar yourself!

I think this judge made a huge mistake with his reasoning for why he threw the case out. The real answer is, he's some typical overpaid law clerk who doesn't know a damn thing about iPhones, iTunes, or software updates. Clearly he searched for technicality he could stand on, barely found one, and used it to avoid having to hear the case. He knew he was incompetent on the issue and chose to stroke his ego instead of being honest, and threw the case out.

In truth, Apple software updates are about as mandatory as they can be without actually installing themselves, and the customer had no reason to suspect that Apple would rail them in the rear with the so called ios 4 "update" for the iPhone 3G.

Someone needs to pick up this case and see it through to the end. Apple should be ashamed of what they did in this instance, and I think they should pay for it.

Frivolous my ass.

Typical response, bitch about the issue but then say someone (else) should pick up the case. The judge threw the lawsuit out which IMO was the correct thing to do. Nothing to pick up as the case is dead so you would have to start from scratch and file a totally new and different lawsuit.

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"A common mistake that people make when trying to design something completely foolproof is to underestimate the ingenuity of complete fools." Douglas Adams

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post #49 of 60
Quote:
Originally Posted by Paul94544 View Post

Yes the software ran poorly but Apple said that the older phones could run it, which turned out to be false. I was caught by this and it severley affected my phone and I could NOT go back.

So although apple won the lawsuit I think they lost the moral argument. Personally I haven't upgraded my iPad to iOS5 yet because of my distrust of Apple. I probably will soon though.

I wish my Mac would stop prompting me to upgrade to iOS 5 every time I connect my iPad. The fact that it does this reduces Apples argument that it is voluntary, though technically correct the constant reminder sort of infers it isn't really at all

As an iPad 1g owner who was caught in the iPhone 3G upgrade mess, I completely sympathize.

Apple has improved greatly since this problem. The iPad 1g runs great with ios5 and the new features are to die for. Take the leap!
post #50 of 60
Quote:
Originally Posted by Paul94544 View Post

Apple is a big company with lots of money and is part of the establishment and the Judges are on their side, unlike hackers. So nothing has changed, its us against them

Yeah dude, stick it to the 'man', whoo hoo uber lite hackers unite [insult removed]
post #51 of 60
Quote:
Originally Posted by pmz View Post

Disbar yourself!In truth, Apple software updates are about as mandatory as they can be without actually installing themselves, and the customer had no reason to suspect that Apple would rail them in the rear with the so called ios 4 "update" for the iPhone 3G.

Someone needs to pick up this case and see it through to the end. Apple should be ashamed of what they did in this instance, and I think they should pay for it.

Frivolous my ass.

I think that's getting a bit hopped up on the issue. iOS updates aren't close to mandatory and it doesn't destroy the phone. While I wished I could have easily walked it back to the previous release, I just don't see it angrily enough to throw money at a lawyer. It was a little bit clunkier in things like scrolling, it didn't brick the phone or make it less useful. I get the feeling they did fix the scroll sluggishness like a year ago, so pressing on seems silly.
post #52 of 60
Quote:
Originally Posted by Orlando View Post

I had a 3G and iOS4 did make it pretty much unusable so this wasn't really a frivolous lawsuit. There was no easy way to downgrade and the result was I bought a new phone earlier than I would otherwise have done. iOS4 should never have been offered on the 3G.

$5000 is way too much and is simply greed; but I do think Apple has a case to answer.

It's extremely simple to downgrade the 3G. It's nothing more than dfu mode and selecting whatever iOS flavor you want. There are no blobs with the 3G. I would assume anyone on this site would know this.
post #53 of 60
Quote:
Originally Posted by pmz View Post

Disbar yourself!

I think this judge made a huge mistake with his reasoning for why he threw the case out. The real answer is, he's some typical overpaid law clerk who doesn't know a damn thing about iPhones, iTunes, or software updates. Clearly he searched for technicality he could stand on, barely found one, and used it to avoid having to hear the case. He knew he was incompetent on the issue and chose to stroke his ego instead of being honest, and threw the case out.

In truth, Apple software updates are about as mandatory as they can be without actually installing themselves, and the customer had no reason to suspect that Apple would rail them in the rear with the so called ios 4 "update" for the iPhone 3G.

Someone needs to pick up this case and see it through to the end. Apple should be ashamed of what they did in this instance, and I think they should pay for it.

Frivolous my ass.

It probably took me less time to rollback my 3G from 4 to 3.1.2 than it took you to write your rant. I am starting to understand why the court system in the USA is such a mess. Everyone appears to prefer suing than learning enough to support the toys they choose to buy.
post #54 of 60
Quote:
Originally Posted by Eye Forget View Post

It probably took me less time to rollback my 3G from 4 to 3.1.2 than it took you to write your rant. I am starting to understand why the court system in the USA is such a mess. Everyone appears to prefer suing than learning enough to support the toys they choose to buy.

I can understand some of their frustration, while it is possible to downgrade the iOS software, none of the methods are endorsed by Apple and none of them are provided from them either. Some people might be apprehensive about doing something outside of what Apple provides thinking that it would certainly void warranties or the like.

Simply put, since Apple doesn't provide a methodology anywhere, most people would be convinced that it wasn't possible.
post #55 of 60
Quote:
Originally Posted by pmz View Post

Frivolous my ass.

Damn straight. The location services bug with iOS 4.2.1 is so bad that it sometimes takes 2-3 minutes for your phone to even respond. How is this acceptable?

https://discussions.apple.com/thread...art=0&tstart=0 - link for those who don't know about it.

Apple really screwed this one up and I bet that almost all the apologists here have never used a 3G with iOS 4.2.1. It's simply unusable.

It's enough to put me off buying another iPhone, and I would say many others feel the same way.
post #56 of 60
Quote:
Originally Posted by Paul94544 View Post

I wish my Mac would stop prompting me to upgrade to iOS 5 every time I connect my iPad. The fact that it does this reduces Apples argument that it is voluntary, though technically correct the constant reminder sort of infers it isn't really at all

No, it just means you are too stupid to uncheck the notify of updates checkbox in iTunes for your iPad on the device tab for it.

And Why wouldn't you want 5 on your iPad? Safari is much faster - nevermind the notification center, wifi sync and all the other features. That makes no sense unless you have a really rare app that is incompatible with 5.
post #57 of 60
Quote:
Originally Posted by nagromme View Post

I do think Apple should have held back iOS 4 from 3G owners, or scaled it back even if that meant dual versions and more work for Apple. They messed up, in my view, and I dont know how 3G owners tolerate it! (I know some who do!)

That said... $5000? No.

If they had simply held back iOS 4 for 3G owners/users there would have been a huge uproar very similar to the one that many have claimed made their iPhones unusable.

I own a 3G and found it a bit slower but not anywhere near the huge percentages stated (upwards of 75%) I had no problems though maybe my usage patterns were different. I had 100+ apps on it and used it a lot and was quite happy with it. (Steve said they tested that and several other things the felt didn't perform well enough and those were not include in the update.)

Can someone tell me what it was that got so slow after the upgrade (I am making the assumption that somethings were worse than others)? I really have wondered why all the complaining since I did not experience what many apparently did.

BTW: I did upgrade to a 4S the day they came out after having happily using my 3G for about 2.5 years and I love the 4S - I do however expect in a couple years it will feel relatively slow when the iPhone 6 and the iPad 4 are screaming along.
post #58 of 60
Quote:
Originally Posted by diddy View Post

I can understand some of their frustration, while it is possible to downgrade the iOS software, none of the methods are endorsed by Apple and none of them are provided from them either. Some people might be apprehensive about doing something outside of what Apple provides thinking that it would certainly void warranties or the like.

Simply put, since Apple doesn't provide a methodology anywhere, most people would be convinced that it wasn't possible.

Apple has (perhaps had) the instructions on how to rollback the 3G on their support site. 3.1.3 was also available for those that could not find the time to look in their iTunes directory and see if a copy was in there. The instructions on how to restore and select whatever older iOS you desire (on the 3G that's possible) have always been on the support site.

I understand your comment re frustration but a little bit of knowledge about a fairly expensive purchase they made is not expecting too much.
post #59 of 60
The problems created by iOS4 for 3G users are real and are terrible. It took ten seconds for my 3G to get iTunes started and the Calendars app took 5-10 seconds to be usable each time I start it. Sometimes it took 5 seconds for the keyboard to become functional in any app. The list of issues went on.

I think it's fair what the woman said and she should have asked instead that Apple make the phone functional again or refund her purchase instead of trying for over-the-top compensation.

Many of the most important software concepts were invented in the 70s and forgotten in the 80s.

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Many of the most important software concepts were invented in the 70s and forgotten in the 80s.

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post #60 of 60
Quote:
Originally Posted by Eye Forget View Post

Apple has (perhaps had) the instructions on how to rollback the 3G on their support site. 3.1.3 was also available for those that could not find the time to look in their iTunes directory and see if a copy was in there. The instructions on how to restore and select whatever older iOS you desire (on the 3G that's possible) have always been on the support site.

I understand your comment re frustration but a little bit of knowledge about a fairly expensive purchase they made is not expecting too much.

If the product is virtually dysfunctional, then putting the information in a support article is still very poor. Given that so many people have been affected and that the offending upgrade was a one click acceptance on the part of the user, the fix should be equally easy and accessible to the general user.

The iPhone was not sold as something for geeks to fix on their own time.

Many of the most important software concepts were invented in the 70s and forgotten in the 80s.

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Many of the most important software concepts were invented in the 70s and forgotten in the 80s.

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