Judge tosses lawsuit over 'Error 53' triggered by Touch ID repairs
A U.S. District Court judge in California has tossed one of two lawsuits against Apple over "Error 53" glitches, triggered when an iOS device's Touch ID technology is altered by an unofficial technician.
U.S. District Judge Vince Chhabria ruled on Monday that the plaintiffs in the case had no standing, according to Fortune. Claims regarding "lost data" weren't separate from claims over defective iPhones, the judge said, and Apple had already dealt with problems through software fixes and repair reimbursements.
Chhabria also rejected claims of false advertising, arguing that the plaintiffs hadn't produced evidence Apple knew about Error 53 while marketing iPhones.
"The mere fact that a company has designed a product doesn't mean it automatically knows about all of that product's potential design flaws," Chhabria commented in his written ruling.
The plaintiffs could potentially relaunch the case if they amend their complaint to demonstrate harm. In fact the judge pointed to one plaintiff who said he lost data by restoring to factory settings, noting that the original complaint didn't identify this is as a legal loss.
A separate Error 53 case is still ongoing in Seattle. Until Apple pushed out an iOS update, people affected by the issue would find their devices "bricked" in an attempt to deter the use of fraudulent Touch ID sensors.
U.S. District Judge Vince Chhabria ruled on Monday that the plaintiffs in the case had no standing, according to Fortune. Claims regarding "lost data" weren't separate from claims over defective iPhones, the judge said, and Apple had already dealt with problems through software fixes and repair reimbursements.
Chhabria also rejected claims of false advertising, arguing that the plaintiffs hadn't produced evidence Apple knew about Error 53 while marketing iPhones.
"The mere fact that a company has designed a product doesn't mean it automatically knows about all of that product's potential design flaws," Chhabria commented in his written ruling.
The plaintiffs could potentially relaunch the case if they amend their complaint to demonstrate harm. In fact the judge pointed to one plaintiff who said he lost data by restoring to factory settings, noting that the original complaint didn't identify this is as a legal loss.
A separate Error 53 case is still ongoing in Seattle. Until Apple pushed out an iOS update, people affected by the issue would find their devices "bricked" in an attempt to deter the use of fraudulent Touch ID sensors.
Comments
If somebody goes ahead and intentionally messes with and alters the security mechanisms of their phone, then they deserve to get their device bricked.
That's no flaw. It sounds like good security measures that Apple has taken.
You see, there is Apple level security, and then there's all the rest, like Android level security, which is about as secure as an open door, with a huge sign in front of it, begging thieves to enter.
If certain people are uncomfortable with Apple's high level of security, then I would suggest that they migrate to other, less secure platforms, that would suit them better.
This can't be over, there will be an appeal … on something … let's see …
Ah ! Could that be a hint for the appeal ?
Oh ! Well maybe they're just plotting for this one.
All sarcasm aside, I certainly hope we can chalk one for common sense if this holds, although it may be short lived. I don't think the DOJ will want to set a bad example, unless they're just throwing the small fish back and baiting for the 400 million dollar whoppers.
Change the whole story to a car. You have a car and have an aftermarket item installed and the car won't turn on due simply to a software check.
I'm a shareholder, but people experienced damages due to encoding the Error 53 situation that left iPhones completely unusable. They have deserve to have resolution to that situation. And for those who think Apple's ultimate resolution negates the problem, put your phone in a drawer for two weeks and come back to let us know whether that caused a problem for you. I'm not suggesting this is a get rich quick opportunity, but restitution is deserved.
Almost.
Change the whole story to a car. You have a car and have an aftermarket item installed and the car won't turn on due simply to a software check.
I'm a shareholder, but people experienced damages due to encoding the Error 53 situation that left iPhones completely unusable. They have deserve to have resolution to that situation. And for those who think Apple's ultimate resolution negates the problem, put your phone in a drawer for two weeks and come back to let us know whether that caused a problem for you. I'm not suggesting this is a get rich quick opportunity, but restitution is deserved.
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Excuse me? If you take your car to an independent garage, and the staff there KNOWS their business is not authorized to change out a part of the COMPUTER THAT RUNS THE ENTIRE ENGINE SEQUENCING, but they go ahead and do so anyway with some aftermarket components, you're telling me that you're going to blame the auto manufacturer and not the service center you brought your car to?
If you take a car to get fixed, and the mechanic is not authorized and doesn't use authentic parts and screws up, you don't blame the manufacturer.
sounds like
"I'm an Apple fan, but..."
Not that UK judges are better. In this country, judges find against Apple and then take jobs with Samsung a week later
It's frivolous because they are blaming the manufacturer of the device for a fault introduced by someone not associated with said manufacturer.
Using your comparison, why would you blame the auto manufacturer when an after market radio installation done by Best Buy drains your battery? You wouldn't, you'd take it back to Best Buy for them to make right. Not that anybody with any brains would have Best Buy install anything more complicated than a floor mat, but it illustrates the point.
You wouldn't blame Kohler when the plumber installs the toilet wrong, nor the cattle rancher when the restaurant burns your steak. Why would you blame Apple when the mall guy replaces your touch ID wrong?