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

Posted:
in General Discussion edited January 2014
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.
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Comments

  • Reply 1 of 113
    allenbfallenbf Posts: 993member
    I think this same guy posts on AI from time to time... ;-)
  • Reply 2 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$.
  • Reply 3 of 113
    Oh yeah, name Tim Cook as the defendant because every feature decision is 100% the decision of the CEO.

    What a retard.
  • Reply 4 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).
  • Reply 5 of 113
    ceek74ceek74 Posts: 324member

    aka Sam Sung

  • Reply 6 of 113

    :mad:

  • Reply 7 of 113
    gatorguygatorguy Posts: 22,829member
    mwhiteco wrote: »
    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:

    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.
  • Reply 8 of 113
    maestro64maestro64 Posts: 4,910member

    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.

  • Reply 9 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.
  • Reply 10 of 113
    drblankdrblank Posts: 3,383member

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

  • Reply 11 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.

  • Reply 12 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.
  • Reply 13 of 113
    mstonemstone Posts: 11,510member

    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.

  • Reply 14 of 113
    gustavgustav Posts: 825member
    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.
  • Reply 15 of 113
    rogifanrogifan Posts: 10,669member
    Wait, so this is not new to iOS 7 but Apple is just being sued for it now. God I hate our legal system.
  • Reply 16 of 113
    Troll alert!
  • Reply 17 of 113
    inklinginkling Posts: 731member
    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?
  • Reply 18 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
  • Reply 19 of 113
    mstone wrote: »
    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.
  • Reply 20 of 113

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

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