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

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Comments

  • Reply 41 of 113
    Quote:
    Originally Posted by Crowley View Post

     

    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.


     

    Repeat after me: it is NO LONGER possible. Unless you are a jailbreaker, and even that is a stretch.

  • Reply 42 of 113
    chadbagchadbag Posts: 2,029member
    The guy should not have used Tim Cook. Mistake #1. He should have sued Apple.

    Also, mistake number 2 is that in most (all?) states, small claims court can only be used to sue for actual damages / monetary claims. He is using for $50 (us filing fees etc I assume) but he is also using for removal of the file, which, in my experience, is not doable through small claims court. And he has to show that he has incurred $50 in actual costs/damages to get the $50.

    Of course, Tim Cook or maybe a representative has to show up or risk automatic judgement against him.
  • Reply 43 of 113
    Quote:

    Originally Posted by Suddenly Newton View Post



    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.



    You don't understand how small claims court works, do you?

  • Reply 44 of 113
    crowleycrowley Posts: 10,453member
    Quote:

    Originally Posted by brlawyer View Post

     

     

    Repeat after me: it is NO LONGER possible. Unless you are a jailbreaker, and even that is a stretch.


    Fair enough.  Unnecessary tone.

  • Reply 45 of 113
    satch99 wrote: »
    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!

    Some suggestions:

    1. Calm down. All caps don't help.
    2. Never quote how long you've been Mac user. Nobody cares and it doesn't make your opinion worth more.
    3. Misspelled words are the online equivalent of foaming at the mouth: more misspellings, more foaming.
    4. Have you considered a Windows 7 phone? You won't be able to upgrade to Windows Phone 8, and then you can cry bloody murder about that.
    5. If you're seriously still having "slow downs" take your iPhone or iPad to the Genius Bar. They will probably suggest that you do a complete backup/restore.
  • Reply 46 of 113
    Quote:

    Originally Posted by chadbag View Post



    The guy should not have used Tim Cook. Mistake #1. He should have sued Apple.



    Also, mistake number 2 is that in most (all?) states, small claims court can only be used to sue for actual damages / monetary claims. He is using for $50 (us filing fees etc I assume) but he is also using for removal of the file, which, in my experience, is not doable through small claims court. And he has to show that he has incurred $50 in actual costs/damages to get the $50.



    Of course, Tim Cook or maybe a representative has to show up or risk automatic judgement against him.

     

    I am sure the small claims court can fix that procedural matter ex officio, on the basis of a presumed good faith claim against the company itself.

  • Reply 47 of 113
    Quote:

    Originally Posted by Crowley View Post

     

    Fair enough.  Unnecessary tone.


     

    No unnecessary tone intended - but it's just not possible in legit situations, that's all.

  • Reply 48 of 113
    droidftwdroidftw Posts: 1,009member
    Quote:

    Originally Posted by pt123 View Post

     



    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.


     

    Surely the members here would be understanding if Samsung auto-downloaded a large file onto their users phones that took up 15% of memory and couldn't be removed.

  • Reply 49 of 113
    philboogiephilboogie Posts: 7,675member
    satch99 wrote: »
    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!

    In their defence, you were given 4 days to try it out and revert.
  • Reply 50 of 113
    boltsfan17boltsfan17 Posts: 2,294member

    Shouldn't this case have been filed in small claims court in Santa Clara since he's suing Tim Cook directly? In California, you have to file in the county where the defendant resides. There are some exceptions, but I don't believe this case is one of them. 

  • Reply 51 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.

    He may not make every decision but with all the privileges of leadership also comes all the responsibility. 

     

    As CEO, the buck always stops with him. He gets the most credit when things go good and the most heat when things go bad. That's the role you take on when you're to top leader anywhere.

  • Reply 52 of 113
    drblankdrblank Posts: 3,385member
    Quote:
    Originally Posted by Boltsfan17 View Post

     

    Shouldn't this case have been filed in small claims court in Santa Clara since he's suing Tim Cook directly? In California, you have to file in the county where the defendant resides. There are some exceptions, but I don't believe this case is one of them. 


    He's only asking for something like $50, which is small claims.  If he went through a civil trial, he'd have to get an attorney, which cost $$$ and he probably couldn't get one to take this case.  It's not a class action case, if it's only himself.  I think he should be suing Apple Inc. and then listing Tim Cook as the CEO.

     

    It just looks like an inexpensive way to get some face time with Tim cook, he probably lost his bid for a cup of coffee, so this is the cheapest way to get some face time.

     

    Plus in small claims, Apple can't have legal representation, which means technically, Tim has to show up personally.   I'm sure the Judge is going to be some incompetent individual when it comes to technical issues such as this.  I've found most judges to have little background in technical issues surrounding computer/software technology.

  • Reply 53 of 113
    quinneyquinney Posts: 2,528member
    larrya wrote: »

    If anyone knows a way to disable this feature, please reply.

    My unrequested downloads seem to have been done over wi-fi when my devices were plugged in charging. I wonder if going into airplane mode before plugging in would prevent the os downloads.

    Apple might make automatic os update downloads a settings option, since there seems to be a noticeable amount of discontent over this.
  • Reply 54 of 113
    Quote:

    Originally Posted by justp1ayin View Post



    If I were Tim Cook, I'd just send oj Simpson to kill this guy....Italian Mafia style....and be over it.

    There, fixed that for ya!

  • Reply 56 of 113
    welshdogwelshdog Posts: 1,914member

    "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."

     

    As a former Apple At Home Advisor for iOS I can say nothing could be farther from the truth.  Apple is absolutely obsessed with maintaining happy customers - the same as they are obsessed with good design.

  • Reply 57 of 113
    boltsfan17boltsfan17 Posts: 2,294member
    Quote:

    Originally Posted by drblank View Post

     

    He's only asking for something like $50, which is small claims.  If he went through a civil trial, he'd have to get an attorney, which cost $$$ and he probably couldn't get one to take this case.  It's not a class action case, if it's only himself.  I think he should be suing Apple Inc. and then listing Tim Cook as the CEO.

     

    It just looks like an inexpensive way to get some face time with Tim cook, he probably lost his bid for a cup of coffee, so this is the cheapest way to get some face time.

     

    Plus in small claims, Apple can't have legal representation, which means technically, Tim has to show up personally.   I'm sure the Judge is going to be some incompetent individual when it comes to technical issues such as this.  I've found most judges to have little background in technical issues surrounding computer/software technology.


    I know he filed a small claims case. This man filed it in the wrong court. This case will be thrown out. All Apple will do is contest and say it's filed in the wrong county. They won't even have to make an appearance. As I said in my post, since Tim Cook is listed as the defendant, the case was supposed to be filed in the Santa Clara County Small Claims Court, not in San Diego County. 

  • Reply 58 of 113
    mstonemstone Posts: 11,510member
    Quote:

    Originally Posted by Suddenly Newton View Post



    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.

    Not sure. I definitely did not request it and I did not participate in the developer preview. Perhaps the phone needs the right set of circumstances such as connected to power and WiFi. When iOS was first released I recall seeing the same message you reported but now it just says "Install" so I'm not sure exactly when it happened but my experience appears to align with the reported auto download scenario. 

  • Reply 59 of 113

    Unfortunately for the guy, if Apple fixes this issue he would have to download and install an update ;)

  • Reply 60 of 113

    As silly as this lawsuit is, he does have a point: It would be nice to be able to install whatever version of iOS we want on our devices (as long as it is compatible). This is a major missing feature for app developers who currently have no way to test their apps on older versions of iOS once their devices have been upgraded. And no, most of us can't afford to own a version of every iOS device running every version of iOS.

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