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California man sues Apple CEO Tim Cook over automatic iOS 7 update

post #1 of 113
Thread Starter 
Apple's over-the-air iOS update mechanism, a feature designed to make it easier for iOS device owners to keep their phone or tablet up to date with the latest revision of Apple's mobile operating system, has bothered one California man so much, he's decided to take Apple CEO Tim Cook to small claims court.

Tim Cook sued in small claims court


The suit, titled "Mark David Menacher vs. Tim Cook" by the San Diego County branch of California's Superior Court, seeks a method to remove automatically downloaded iOS update files --?specifically the new iOS 7 binary --?and $50 in remuneration, reports CNET. Over-the-air updates are automatically downloaded when an iOS device is plugged in and connected to WiFi, though users must still grant explicit permission to install the new software.

Though the automatic update system has been active since the release of iOS 6, Apple's radical redesign of iOS 7 has prompted many users to hold off on the upgrade. This means that the automatically-downloaded installation file, which weighs in at more than one gigabyte and cannot be removed by the user, may decrease a device's available memory by up to fifteen percent with no way to recover the storage space.

In a statement obtained by CNET, Menacher wrote that "Apple's disregard for customer preferences in relation to iOS7 is corporate thuggery. Steve Jobs was reportedly rough on company employees in pursuit of happy customers, but Tim Cook apparently cultivates a culture of contempt for customer satisfaction in pursuit of corporate profits."

"It is a policy that will eventually fail," he concluded.

Apple, as one of the world's largest corporations, and its executive team are frequently the target of legal action, sometimes with a bizarre twist. In 2009, Apple was sued by another California man who alleged that the Cupertino company secretly conspired with the Italian mafia to threaten him into becoming a fashion model. Another claimed that O.J. Simpson was long employed as a "hitman" for late Apple CEO Steve Jobs.
post #2 of 113
I think this same guy posts on AI from time to time... ;-)
post #3 of 113
Fix your legal system USA.

The complaint of having a 1GB file automatically downloaded and stored when there's no intention to install it is actually sort of valid though. Something tells me there's probably an easy way to get rid of it though. Tim Cook should settle for 75$.
post #4 of 113
Oh yeah, name Tim Cook as the defendant because every feature decision is 100% the decision of the CEO.

What a retard.
post #5 of 113
> ... seeks a method to remove automatically downloaded iOS update files %u2014 specifically the new iOS 7 binary %u2014 and $50 in renumeration....

I suspect he wants $50 in remuneration (unless he just wants his binary file scrambled a little).
post #6 of 113

aka Sam Sung

post #7 of 113

:mad:


Edited by mwhiteco - 10/18/13 at 12:36pm
post #8 of 113
Quote:
Originally Posted by mwhiteco View Post

All he needs to do is go here if he does not want auto updates http://www.macobserver.com/tmo/article/ios-7-how-to-turn-off-automatic-app-updates lol.gif

I don't think that method will stop iOS7 from automatically downloading, tho of course it shouldn't automatically install. What you may have confused it with is individual updates for various iTunes apps.
melior diabolus quem scies
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melior diabolus quem scies
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post #9 of 113

Just a shining example of how stupid people are and then they want others to pay for their stupidity. I have 4 iOS devices in my house and none of them have been updated to iOS 7 why because I did not allow them and I am waiting until the rest of you find all the bugs since we all know we can no longer down grade thanks to the jailbreak community. Wait that is it, he is a jailbreak plant, he is attempting to force apple to restore the ability to downgrade again.


Edited by Maestro64 - 10/18/13 at 1:04pm
post #10 of 113
What a complete waste of time this must be for cook.As far as I know it he can simply just not use the product if he doesn't like it, this is America apple is not forcing you to use their products, they're just giving you what's best and believe you me it really is.
post #11 of 113

I wonder if this is brlawyer from this forum?

 

He's always complaining about iOS7

Apple Purchases last 12 months - iPhone 5S (two), iPhone 6, iPhone 6+ (two), iPadAir, iPadAir2, iPadMini2, AppleTV (two), MacMini, Airport Extreme, iPod Classic.
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Apple Purchases last 12 months - iPhone 5S (two), iPhone 6, iPhone 6+ (two), iPadAir, iPadAir2, iPadMini2, AppleTV (two), MacMini, Airport Extreme, iPod Classic.
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post #12 of 113

He should be happy he actually gets updates, something missing from the OEM Android community.

post #13 of 113

Fix your legal system USA.

 

This is actually a good part of the US legal system: anyone can file suit against anyone else when they have felt harmed against. Small claims court is designed to make this process (somewhat) easier as well.

 

Now, this case will 99.9% be thrown out at the first opportunity by a judge, but at least the judge is that person to do it, and not some barrier before him/her.

post #14 of 113
You could get $50 in iTunes Store credit by contacting Apple customer service. Suing Tim Cook is a rather funny way to lose in small claims court, just because Apple can vastly outspend him on legal fees, discovery, court petitions, etc.

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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post #15 of 113

Apple really shouldn't auto download iOS 7. I was holding off installing it on my phone, but now it is already on the phone waiting to be installed. By the time I want it, there will probably be a new point update which will also need to be downloaded. To make matters worse is that it used up a gig of my data plan because it thought it had wifi when actually it was my cellular hot spot. That right there cost $10 plus it is using up another gig of my storage space, not that big of a deal since I have a 64GB model but still they just should not do that without your permission. Would I sue over it? - hell no.

Life is too short to drink bad coffee.

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Life is too short to drink bad coffee.

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post #16 of 113
mwhiteco, you didn't read the article, did you?

Regardless, this will never make it to trial. The first and most obvious reason is that he's suing Tim Cook, and not Apple. Tim Cook did not sell him a phone. Apple did.
post #17 of 113
Wait, so this is not new to iOS 7 but Apple is just being sued for it now. God I hate our legal system.
post #18 of 113
Troll alert!
post #19 of 113
I suspect there are a few experts at almost every Apple Store who'd know how to get into the file system and get rid of that iOS 7 package. I wonder if he asked?
post #20 of 113
"Apple, as one of the world's largest corporations, and its executive team are frequently the target of legal action, sometimes with a bizarre twist. In 2009, Apple was sued by another California man who alleged that the Cupertino company secretly conspired with the Italian mafia to threaten him into becoming a fashion model."

I out of breath after reading that paragraph. Seriously comedy gold
post #21 of 113
Quote:
Originally Posted by mstone View Post

Apple really shouldn't auto download iOS 7. I was holding off installing it on my phone, but now it is already on the phone waiting to be installed. By the time I want it, there will probably be a new point update which will also need to be downloaded. To make matters worse is that it used up a gig of my data plan because it thought it had wifi when actually it was my cellular hot spot. That right there cost $10 plus it is using up another gig of my storage space, not that big of a deal since I have a 64GB model but still they just should not do that without your permission. Would I sue over it? - hell no.

How odd. It has not automatically downloaded for me. I must have auto-update turned off via iTunes, because I can't seem to find a setting on the phone to toggle that option. It's just saying iOS 7.0.2 is available for download and requires 1.2GB of space. Also says to connect to wifi to download.

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
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post #22 of 113

The settlement should be $10 and a pizza at best.

post #23 of 113
Quote:
Originally Posted by Inkling View Post

I suspect there are a few experts at almost every Apple Store who'd know how to get into the file system and get rid of that iOS 7 package. I wonder if he asked?


Do you know how to get rid of the iOS 7 that is downloaded onto the phone for those that do not want to update? Anyone else know?

post #24 of 113
I thought there were settings which the user could disable for both auto-OS and auto-App Store app updates.
post #25 of 113
Quote:
Originally Posted by Gatorguy View Post

I don't think that method will stop iOS7 from automatically downloading, tho of course it shouldn't automatically install. What you may have confused it with is individual updates for various iTunes apps.


It is wrong to phrase it like that, the App Store since iOS 4 always shown App-Updates (these are not installed on the device itself).
If "he/she" wants to prevent auto-updates "he/she" must go to Settings>iTunes & App Store then unselect Apps button / Updates Button.

To then actually download an App you would click on it within the list shown in Updates, which would then give you the download-ring until
it completes into OPEN.

I have always had my setting not to auto download when connecting to iTunes this was kept when updating my iP 4S to iOS 7 which kept
the settings with Updates turned off for AutoUpdates over Air.
post #26 of 113
Quote:
Originally Posted by woodycurmudgeon View Post

Oh yeah, name Tim Cook as the defendant because every feature decision is 100% the decision of the CEO.

What a retard.

This is an insult to retards (ie those who are truly mentally challenged).

post #27 of 113
Apple should remove his update package then tell the guy to have a coke and a smile and shut the f*ck up
post #28 of 113
I actually think this is pretty valid and he's not asking for anything crazy. Basically iOS 6 automatically downloaded iOS 7 to the device and there's no way to get rid of the 1 GB file except to install the update, which of course, is optional. What this guy is asking for is a way to remove the file if a user doesn't want to upgrade. Pretty fair really. Also, $50 remuneration is very reasonable. They guy isn't asking for a million dollars here, but want's his 1 GB back.
post #29 of 113
Quote:
Originally Posted by allenbf View Post

I think this same guy posts on AI from time to time... ;-)

 

Hopefully he will win this one - lots of people have exactly the same feeling, particularly since: (a) one is not even able to roll back if so desired; (b) iOS7 installation is just one tap away and doesn't carry any warning or double-confirmation possibility.

 

But of course, pundits are gonna call me a "troll" for that opinion - what, me worry?

iMac Intel 27" Core i7 3.4, 16GB RAM, 120GB SSD + 1TB HD + 4TB RAID 1+0, Nuforce Icon HDP, OS X 10.10.1; iPad Air 64GB; iPhone 5 32GB; iPod Classic; iPod Nano 4G; Apple TV 2.

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iMac Intel 27" Core i7 3.4, 16GB RAM, 120GB SSD + 1TB HD + 4TB RAID 1+0, Nuforce Icon HDP, OS X 10.10.1; iPad Air 64GB; iPhone 5 32GB; iPod Classic; iPod Nano 4G; Apple TV 2.

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post #30 of 113
Quote:
Originally Posted by sog35 View Post
 

I wonder if this is brlawyer from this forum?

 

He's always complaining about iOS7

 

Haha, nope ;) Actually you'd be surprised at how much of an Apple fanatic I am, having converted at least 30 people to Macs/iDevices over the last five years. But yes, pretty much everything post-SJ seems to be going downhill.

iMac Intel 27" Core i7 3.4, 16GB RAM, 120GB SSD + 1TB HD + 4TB RAID 1+0, Nuforce Icon HDP, OS X 10.10.1; iPad Air 64GB; iPhone 5 32GB; iPod Classic; iPod Nano 4G; Apple TV 2.

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iMac Intel 27" Core i7 3.4, 16GB RAM, 120GB SSD + 1TB HD + 4TB RAID 1+0, Nuforce Icon HDP, OS X 10.10.1; iPad Air 64GB; iPhone 5 32GB; iPod Classic; iPod Nano 4G; Apple TV 2.

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post #31 of 113
If I were Tim Cook, I'd just send oj Simpson to kill this guy and be over it.
post #32 of 113
Can't he select to not have automatic updates? Isn't that an option?
post #33 of 113

Just to be clear (I downloaded the beta, and haven't had any inclination to downgrade), but does Apple force an upgrade to iOS7 and prevent downgrading to iOS6?

 

Given that there are "adoption rates" published, the former seems (to me) unlikely, and Apple have never previously blocked the latter, so I don't see what grounds this guy has.

 

If he doesn't like iOS7, just download iOS6 from any number of websites, and revert.  Sure, it requires a little bit of savvy, and it'd be helpful if Apple themselves supported it, but it's hardly a major obstacle requiring legal representation.

 

Bit weird.

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post #34 of 113
Quote:
Originally Posted by woodycurmudgeon View Post

Oh yeah, name Tim Cook as the defendant because every feature decision is 100% the decision of the CEO.

What a retard.
It is a little more of problem when you have the worlds most valuable company on there, than just a guy from the team. Apple probably should have a button for click to ignore on an update.
post #35 of 113
Quote:
Originally Posted by mstone View Post

Apple really shouldn't auto download iOS 7. I was holding off installing it on my phone, but now it is already on the phone waiting to be installed. By the time I want it, there will probably be a new point update which will also need to be downloaded. To make matters worse is that it used up a gig of my data plan because it thought it had wifi when actually it was my cellular hot spot. That right there cost $10 plus it is using up another gig of my storage space, not that big of a deal since I have a 64GB model but still they just should not do that without your permission. Would I sue over it? - hell no.

I don't understand the hot spot situation. Why would you tether your phone to a hotspot while your phone itself could either connect over cellular or WiFi?
Send from my iPhone. Excuse brevity and auto-corrupt.
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Send from my iPhone. Excuse brevity and auto-corrupt.
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post #36 of 113
As an. apple loyalist for since 1985, I can tell you I absolutely DESPISE, HATE, CANNTOT EFFIN STAND how Apple stopped us from downgrading.

I buy a new iDevice, want to try the latest OS, maybe it slows down my device ( like my g/s iPad 1 running 5.1.1 ) and it is slow as crahp and I canot even type on it. Sothis IPad is beyond frustrating!


Why oh why do they do this?

I have to deal with jail breaking, Shsh, RedDnow and all that crap that is a pain.

APPLE END THIS FEATURE!,,, IT REALLY, REALLY, REALLY, REALLY SUCKS!
It p/os many huge supporters. And quit dumbing down the system for the lowest, most uneducated user. u s semi-power users are getting the shaft! I do not know Unix commands nor want to, that is why. I,be bought Macs for 28 years, geez!
Edited by Satch99 - 10/18/13 at 1:33pm
post #37 of 113
Quote:
Originally Posted by jkichline View Post

I actually think this is pretty valid and he's not asking for anything crazy. Basically iOS 6 automatically downloaded iOS 7 to the device and there's no way to get rid of the 1 GB file except to install the update, which of course, is optional. What this guy is asking for is a way to remove the file if a user doesn't want to upgrade. Pretty fair really. Also, $50 remuneration is very reasonable. They guy isn't asking for a million dollars here, but want's his 1 GB back.


All hell would break loose if any other company downloaded a huge file that cannot be removed onto a customer's phone without their permission.

post #38 of 113

Tim Cook settles by giving that man 1st Spot outside of Apple store for the next iPhone release!

 

No wonder America carries burden of 50 % of losers. Deport them all from where their ancestors came from, for America to be a better place  :p 

post #39 of 113

corporate thuggery, free software updates?    I don't think that's a definition of corporate thuggery. 

 

I think this guy just wants attention and this is a LOT cheaper than spending hundreds of thousands on a cup of coffee with Tim Cook.  :-)

post #40 of 113

Tell him to get an Android. Then he won't have any updates...

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