Apple claimed at the onset that the IPhone 3G worked "flawlessly", and worked "seamlessly". This is directly from Steve Jobs himself. I have read no post that claim that in real life either of these are true.
It seems you still don't get what I'm saying. I'm saying 14 days is plenty of time to realise a device isn't working as you expected. If it worked as you expected for a long time and then went awry due to the actions of Apple/ATT and Apple/ATT refused to do anything about it, only then would a lawsuit be warranted.
Someone buys the iPhone, uses it for a week, and finds it doesn't work as they expected. They should take that phone back and get a refund, not keep it and then sue Apple because it doesn't work.
If the problem affected every iPhone, and they were all returned, this would have a massive negative impact on Apple's earnings and the return rate would have to be revealed by Apple and ATT in their earning conference calls (i.e. "earnings are lower than guidance this quarter because the 4 million iPhones we sold [apple]/were providing service for [ATT] were returned and we had to give everyone their money back").
Apple/ATT would very quickly realise there was a serious issue and have no option but to admit to it.
However, it's clear that what's actually happening is that people are getting the iPhone, and many are 90-100% happy with it. Many are also experiencing significant problems, but they are not taking it back and getting a refund. Either these people are stupid or the problems can't actually be that bad, being outweighed by other positive aspects of the iPhone. IMHO, if a problem isn't bad enough to warrant the return of the device, it logically follows that it doesn't warrant a lawsuit.
I realize this might seem rather indirect, but the fact that they are being sued, especially in regard to the apps, is a negative, but affirming tribute to the iPhone. Although the iPhone and iPhone 3G are not the smoothest launches, no other competitor can cram a computer into a phone, and therefore, no other competitor is being sued as such.
Frivolous law suits should be banished, but you can't sue what doesn't exist.
My only hope is that this law suit of weak speeds will stick against AT & T, so that they will continue to upgrade their network. I find their coverage thin in the Tampa area.
Your statement - "Although the iPhone and iPhone 3G are not the smoothest launches, no other competitor can cram a computer into a phone, and therefore, no other competitor is being sued as such." could not be farther from the truth.
There are MANY other companies that have put computers in a phone, and done so before Apple ever though of it. I have a ATT Tilt and it is a much, much more powerful phone and computer than the IPhone 3G.
I will give you that the user interface, the OS, on the IPhone 3G is much better than Windows Mobile. There is no question about that. But when it comes to functionality, regardless of how easy or not it may be to use, the Tilt is hands down well above the IPhone 3G.
You can create and edit word and excel documents, the Tilt has a 3M camera, you can record videos, you can cut/copy/paste within any document, you can save files not just medi files, you can add attachments to emails, you can MMS, you can tether it to a laptop/desktop, has Blackberry support, it has a hardware QWERTY keyboard, full blue tooth stack support, a tilt screen, and is smaller and lighter than the IPhone 3G. This is just one example, there a many others. So your statement on this subject is just plain wrong.
These law suits are not frivolous. Apple has advertised the IPhone 3G as something it clearly is not. They have, at the very least, committed false advertising and at the most fraud.
You should go and find the YouTube video that puts the Apple ad next to a real IPhone 3G in a full bar 3G area and see how they compare. The ad shows the IPhone 3G as doing things that it just cannot possibly do.
The phone in the ad launches apps, runs them, and switches between them as fast as the user can touch the screen. The real IPhone 3G cannot even finish the first app before the commercial has went through a half a dozen.
I know advertising is not always (more accurately never) is totally truthful, but this ad is completely false, and Apple knew it when they put it out. If you watched Steve Jobs presentation on the IPhone 3G you will see the same, to say the least, misleading claims. He also claims that MobileMe is instant when in reality it only pushes to/from the "cloud" every fifteen minutes, not instantly every time you make a change. I have seen it instantly update my computer when I made a change on the IPhone 3G, but also have seen it take 15 minutes to do so. It is not always instant, as was claimed by Steve Jobs.
There are more than enough grounds for a law suit. What is frivolous are Apple's claims as to the IPhone 3Gs functionality and capabilities.
I'm guessing most of these people installed ALL OF THE FREE APPS and have not tried a reset.
Or Move! Cincinnati seems to have a stable/fast 3G network.
I'm getting 4.5 times the speed on 3G as I was on EDGE, I'm approaching WiFi speeds in some cases, the only dropped call I got was in the middle of a WalMart, I just had no signal.
Still by far the best technology investment I've ever made.
The point is that you should not have to do a reset to your phone to make it work properly.
The comment on moving is just giving fuel to the case that the 3G coverage is spotty.
I don't think you'd move if your iPhone gave you lousy reception, slow speeds and dropped calls and neither should anyone that purchased the phone.
I'm lucky as well, we get great 3G coverage in my area.
Although the case IMO is obviously a move for a gold digger to put a few bucks in his/her wallet but Apple/AT&T CAN & SHOULD give a Press Release to get all of us out of the dark and rumor sites to make our phone work properly.
Not doing so is negligent on both sides.
Just a few observations from a Man that has been with Apple since the 512Ke.
Plenty of people have reported getting refunds even beyond the ample 14 day return period.
To the benefit of your point, which the switch from profit-sharing to subzidation the return policy time frame moved from Apple's 14-day to AT&T's 30-day policy.
If one can't figure out that your phone or network s having issues within a month then perhaps they are not working right. Still, as as you've stated, Apple and AT&T have been taking returns past the one month date.
I average over 1Mbps in my area, have not had a dropped call, but I do see that EDGE does get a better signal inside (which is what one would expect).
I'm not going to post your lengthy post but if Apple on their own support site has the following advice; if you are getting poor reception try moving closer to a window people are clearly having problems.
Moving closer to a window implies a reception problem. It may be a software problem but at this point nobody knows because neither Apple or AT&T have come out with a press release with any real substance.
Quote & Link
If you don't have a strong signal or don't see a cellular data network indicator, try moving to a different location. Please note:
If you are indoors, trying going outdoors or moving closer to a window.
Check with your carrier to verify that you have wireless coverage in your area.
Please, if you don't have something substantial and proven don't belittle others.
We are all grasping for answers and we look to this room and many others like them for help or the possibilities of what might be new on the Apple horizon.
Comments
Apple claimed at the onset that the IPhone 3G worked "flawlessly", and worked "seamlessly". This is directly from Steve Jobs himself. I have read no post that claim that in real life either of these are true.
It seems you still don't get what I'm saying. I'm saying 14 days is plenty of time to realise a device isn't working as you expected. If it worked as you expected for a long time and then went awry due to the actions of Apple/ATT and Apple/ATT refused to do anything about it, only then would a lawsuit be warranted.
Someone buys the iPhone, uses it for a week, and finds it doesn't work as they expected. They should take that phone back and get a refund, not keep it and then sue Apple because it doesn't work.
If the problem affected every iPhone, and they were all returned, this would have a massive negative impact on Apple's earnings and the return rate would have to be revealed by Apple and ATT in their earning conference calls (i.e. "earnings are lower than guidance this quarter because the 4 million iPhones we sold [apple]/were providing service for [ATT] were returned and we had to give everyone their money back").
Apple/ATT would very quickly realise there was a serious issue and have no option but to admit to it.
However, it's clear that what's actually happening is that people are getting the iPhone, and many are 90-100% happy with it. Many are also experiencing significant problems, but they are not taking it back and getting a refund. Either these people are stupid or the problems can't actually be that bad, being outweighed by other positive aspects of the iPhone. IMHO, if a problem isn't bad enough to warrant the return of the device, it logically follows that it doesn't warrant a lawsuit.
I realize this might seem rather indirect, but the fact that they are being sued, especially in regard to the apps, is a negative, but affirming tribute to the iPhone. Although the iPhone and iPhone 3G are not the smoothest launches, no other competitor can cram a computer into a phone, and therefore, no other competitor is being sued as such.
Frivolous law suits should be banished, but you can't sue what doesn't exist.
My only hope is that this law suit of weak speeds will stick against AT & T, so that they will continue to upgrade their network. I find their coverage thin in the Tampa area.
Your statement - "Although the iPhone and iPhone 3G are not the smoothest launches, no other competitor can cram a computer into a phone, and therefore, no other competitor is being sued as such." could not be farther from the truth.
There are MANY other companies that have put computers in a phone, and done so before Apple ever though of it. I have a ATT Tilt and it is a much, much more powerful phone and computer than the IPhone 3G.
I will give you that the user interface, the OS, on the IPhone 3G is much better than Windows Mobile. There is no question about that. But when it comes to functionality, regardless of how easy or not it may be to use, the Tilt is hands down well above the IPhone 3G.
You can create and edit word and excel documents, the Tilt has a 3M camera, you can record videos, you can cut/copy/paste within any document, you can save files not just medi files, you can add attachments to emails, you can MMS, you can tether it to a laptop/desktop, has Blackberry support, it has a hardware QWERTY keyboard, full blue tooth stack support, a tilt screen, and is smaller and lighter than the IPhone 3G. This is just one example, there a many others. So your statement on this subject is just plain wrong.
These law suits are not frivolous. Apple has advertised the IPhone 3G as something it clearly is not. They have, at the very least, committed false advertising and at the most fraud.
You should go and find the YouTube video that puts the Apple ad next to a real IPhone 3G in a full bar 3G area and see how they compare. The ad shows the IPhone 3G as doing things that it just cannot possibly do.
The phone in the ad launches apps, runs them, and switches between them as fast as the user can touch the screen. The real IPhone 3G cannot even finish the first app before the commercial has went through a half a dozen.
I know advertising is not always (more accurately never) is totally truthful, but this ad is completely false, and Apple knew it when they put it out. If you watched Steve Jobs presentation on the IPhone 3G you will see the same, to say the least, misleading claims. He also claims that MobileMe is instant when in reality it only pushes to/from the "cloud" every fifteen minutes, not instantly every time you make a change. I have seen it instantly update my computer when I made a change on the IPhone 3G, but also have seen it take 15 minutes to do so. It is not always instant, as was claimed by Steve Jobs.
There are more than enough grounds for a law suit. What is frivolous are Apple's claims as to the IPhone 3Gs functionality and capabilities.
Thanks
The Omega
I'm guessing most of these people installed ALL OF THE FREE APPS and have not tried a reset.
Or Move! Cincinnati seems to have a stable/fast 3G network.
I'm getting 4.5 times the speed on 3G as I was on EDGE, I'm approaching WiFi speeds in some cases, the only dropped call I got was in the middle of a WalMart, I just had no signal.
Still by far the best technology investment I've ever made.
The point is that you should not have to do a reset to your phone to make it work properly.
The comment on moving is just giving fuel to the case that the 3G coverage is spotty.
I don't think you'd move if your iPhone gave you lousy reception, slow speeds and dropped calls and neither should anyone that purchased the phone.
I'm lucky as well, we get great 3G coverage in my area.
Although the case IMO is obviously a move for a gold digger to put a few bucks in his/her wallet but Apple/AT&T CAN & SHOULD give a Press Release to get all of us out of the dark and rumor sites to make our phone work properly.
Not doing so is negligent on both sides.
Just a few observations from a Man that has been with Apple since the 512Ke.
Plenty of people have reported getting refunds even beyond the ample 14 day return period.
To the benefit of your point, which the switch from profit-sharing to subzidation the return policy time frame moved from Apple's 14-day to AT&T's 30-day policy.
If one can't figure out that your phone or network s having issues within a month then perhaps they are not working right. Still, as as you've stated, Apple and AT&T have been taking returns past the one month date.
I average over 1Mbps in my area, have not had a dropped call, but I do see that EDGE does get a better signal inside (which is what one would expect).
I'm not going to post your lengthy post but if Apple on their own support site has the following advice; if you are getting poor reception try moving closer to a window people are clearly having problems.
Moving closer to a window implies a reception problem. It may be a software problem but at this point nobody knows because neither Apple or AT&T have come out with a press release with any real substance.
Quote & Link
If you don't have a strong signal or don't see a cellular data network indicator, try moving to a different location. Please note:
If you are indoors, trying going outdoors or moving closer to a window.
Check with your carrier to verify that you have wireless coverage in your area.
http://www.apple.com/support/iphone/...ooting/calls/#
Once there click the "New Location" tab.
Please, if you don't have something substantial and proven don't belittle others.
We are all grasping for answers and we look to this room and many others like them for help or the possibilities of what might be new on the Apple horizon.
I didn't appreciate an insult from someone who has never met me and has no idea what I did or didn't "grasp"[/QUOTE]
Fair comment.