First post-patch iPhone 3G lawsuit wants Apple to pay $5 million

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Comments

  • Reply 61 of 81
    Quote:
    Originally Posted by izard69 View Post


    It would be a crying shame if these clowns win a case based on coverage issues. It is like this can we realistically blame Apple if else drive out of town and end up with no 2 or 3G coverage?



    Well, we could certainly blame SOMEONE. I mean, I currently expect to get 2 or 3G coverage on all highways and most areas except the most rural ones everywhere in my country and in most of Europe. If I moved to the "most advanced country in the world", I would certainly expect the same quality of service.

    Now, should you blame Apple or AT&T? I would say AT&T, but it's really not of our business. If Apple gets sued for a mistake of AT&T, you can trust Apple to sort it out with AT&T and get them to pay...



    Quote:

    It just makes me wonder why people go out and buy technology they don't even remotely understand.



    Because they're not supposed to understand it. When you buy a television, you're not expected to know how it works. Same with a fridge, a car or whatever. Mobile phones, just like computers, are consummer goods. You just expect them to work. Otherwise the Mac would have stayed and died in Steve Jobs' garage...



    Quote:

    It simply takes time to get things right. The reality is that Apple has a history of stablising it's OSes and there is good reason to believe they will here.



    And complaining is a good way to establish priorities. Especially with phone and ISP companies. When facing a saturated or improper network, you want them to invest their money on improving it, rather than on recruiting even more clients to saturate it further.



    Quote:

    So yes Apple is guilty of shipping a beta but let's also realize that it is a state of the art and innovative beta. You pay a price to be on the bleeding edge.



    I thought the beta was the iPhone 1.0? This is iPhone 2.0... 3G is hardly innovative and bleeding edge, it has been around for years.
  • Reply 62 of 81
    irnchrizirnchriz Posts: 1,589member
    Quote:
    Originally Posted by Namdnal Siroj View Post


    $5.000.000 / 100 plaintiffs = $50.000 per person.

    If you have that much damage from a phone, why didn't you immediately replace it?

    In other words, to be damaged so much by a phone seems like negligence on your own part.



    Maybe it's because I'm not from the US, and I don't understand your judicial system.

    I think it would be inadmissible where I live.

    Can anyone explain the logic behind even MAKING this type of claim?



    The stupidest thing about this is that it will actually pay out more like this:



    100 claimants - $50.00 each ($5,000)

    Lawyers fees - $4,995,000



    lol
  • Reply 63 of 81
    Quote:
    Originally Posted by MacOldTimer View Post


    The same reason a woman can win a lawsuit for millions because McDonald's didn't put a warning label on their coffee cups that says "Beware, Coffee Is Very Hot".



    You can sue and probably win even the most frivolous lawsuits these days.



    This case is always used as an example of a frivolous lawsuit, yet the facts of the case are very much in her favour. McDonalds kept coffee at superheated temperatures so it would last longer. The problem wasn't the lack of warning, the problem was that the coffee was ten or more degrees (Celsius) hotter than it should have been kept, which increase the risk of scalding drastically.



    I see that other people have pointed these facts out, yet people are still defending the right of the corporation to increase its profits by serving undrinkably hot coffee.
  • Reply 64 of 81
    America is soooo funny. Do you also file a lawsuit against the car companies because they keep selling cars although they know the traffic already gets stuck everywhere? . So please shut down all car sellers until we got wider streets and less cars!!!
  • Reply 65 of 81
    Ah... this is why my fully unlocked Singapore iPhone 3G was giving me issues on Maxis (Malaysia) after I upgraded to 2.1 -- I get a much stronger 3G signal but the DNS for Safari and Apps error out a lot.



    I'm back to 2.0.2 Jailbroken overloading the network now...
  • Reply 66 of 81
    Quote:
    Originally Posted by irnchriz View Post


    The stupidest thing about this is that it will actually pay out more like this:



    100 claimants - $50.00 each ($5,000)

    Lawyers fees - $4,995,000



    lol



    Yeah I think I got only one bloody dollar from that PayPal.Com class action a few years back. And the money was given in... yup, you guessed it, PayPal dollars. Gawd bless Americah. On screen PayPal and eBay all look nice until you start getting raped by exchange rate, fees, commissions, withdrawal charges, whatever. Throw in all those Nigerian and other scammers, and the whole shebang goes down the toilet pretty fast.
  • Reply 67 of 81
    Quote:
    Originally Posted by MacOldTimer View Post


    The same reason a woman can win a lawsuit for millions because McDonald's didn't put a warning label on their coffee cups that says "Beware, Coffee Is Very Hot".



    You can sue and probably win even the most frivolous lawsuits these days.



    I'm already developing a plan to eat and choke on a mcdonalds coffee cup. "Beware, this cup is not edible."



    Or, I could use it as a contraceptive. "Beware, this cup does not prevent pregnancy or the spread of sexually transmitted diseases."
  • Reply 68 of 81
    Quote:
    Originally Posted by zoboomafoo View Post


    I'm already developing a plan to eat and choke on a mcdonalds coffee cup. "Beware, this cup is not edible."



    Or, I could use it as a contraceptive. "Beware, this cup does not prevent pregnancy or the spread of sexually transmitted diseases."



    Those warning labels are way out of hand. I bought a hammer recently that had six separate warnings on it. Things like "hammer may fly to pieces" and "it will hurt if you drop it on your foot." I am paraphrasing the legalese of course but I kid you not, that was the basic message of the two I remember.



    The hammer cost me aprox. 100% more than the last hammer I bought several years ago, was made with recycled steel from Asia and had a handle made from some "mystery wood" likely harvested in Indonesia.



    It also took me about an hour with a hairdryer to get the stupid things off so I could use the hammer.
  • Reply 69 of 81
    mstonemstone Posts: 11,510member
    Quote:
    Originally Posted by Sector7G View Post


    Serious question: can any lawyers or anyone explain why some one who buys a 199 phone is entitled to 5 million dollars if it doesn't work as advertised? i would really like to hear some reasonable argument for this.



    thanks





    It is just sensationalism. In reality there is no specified amount in the the court pleading. You don't sue with dollar amount in the first complaint. Besides even if it was settled for $5 million, in a class action suit each iPhone user may get one free song at the iTunes store in December of 2015.
  • Reply 70 of 81
    Basic way to fix this problem is to get rid of carrier and phone maker exclusive deals and ETFs. Then if you service works fine for the first month or so, but then starts to drop out constantly you have some recourse, the current model doesn't allow you to do anything about it except pay $175 dollars due to the poor service and then having to sell you phone, but even then the phone only works on AT&T so even then you are limited to recovering your money from the phone.



    Until they remove ETFs and unbind phone's, I think lawsuits might be the only recourse. In all fairness Apple is as much to blame given some of their claims on the new iPhone. If they sold the iPhone to other carriers in the US and those carriers didn't have issues then they would have a very easy defense and just blame AT&T. Apple wanted to have complete control of their phone and it's ecosystem, well it's gonna bite them in the ass eventually.
  • Reply 71 of 81
    Quote:
    Originally Posted by Rot'nApple View Post


    I'm sorry the lady injured herself. However, I would have cited more than just 20% responsibility on her part. She, not McDonalds, put the coffee between her legs to doctor it up? and Hello! What was her lame ass son doing???? He couldn't help out? Probably to busy stuffing his face. And why would a presumably adult of 79 years of age put any cup of any hot liquid between her legs? What, does she also run with scissors or go swimming within 30 minutes after eating?



    I was watching a tv program about the Autobahn in Germany and there was a German driver with a puzzled look when asked where were the cup holders in his car. His reply, I'm driving so fast that I need my concentration on driving. The following is my own commentary... American concentration on driving - HA! The American driver's attention is diverted with shaving, putting on make-up, eating, drinking, listening to the radio, talking to passengers, bitching out the kids, pushing away the dog, talking on the cell phone, text messaging, looking at a street map and in some cases, although not Mrs. Liebeck, fixing up your coffee! It makes any one wonder what is the primary function when one gets in a car and turns on the ignition? That nasty word personal responsibility is rearing it's ugly head again.



    Barring the idea of personal responsibility ever really taking off the law could always be modified to make drink holders and drinking (anything) in cars illegal. Our illustrious government is always looking for new more intrusive ways to generate revenue.
  • Reply 72 of 81
    "Your face is my case"



  • Reply 73 of 81
    Punitive damages, in the USA, are not calculated according to what the plaintive deserves. It?s calculated by what will be a strong enough deterrent to inhibit the offending party from repeating their offending activity. Example: many years ago penthouse magazine published unauthorized photos of a certain model, that model in turn sued penthouse magazine for millions of dollars. Now some people would say she didn?t deserve millions of dollars but what she deserved was irrelevant. What was relevant was what monetary sum would stop penthouse from doing this again? If you sue penthouse for $10,000, $50,000, or even $100,000 that would not deter them from this activity at all, they would gladly pay that amount to publish their illegal photos any time. A huge amount of money say like $10-50 million is required to sufficiently change penthouse activity.



    Same with Apple and AT&T, they are huge companies that need a huge amount of money in punitive damages in order to get them to change. I think Apple and AT&T my be in the wrong here. They advertised a service they can?t deliver. Maybe they should be sued? This huge amount may deter them from falsely advertising a service again. But then auto makers advertise gas mileage for cars that is never achievable in real life, it will be up to the courts to decide.
  • Reply 74 of 81
    Quote:
    Originally Posted by webhead View Post


    I think Apple and AT&T my be in the wrong here. They advertised a service they can?t deliver. Maybe they should be sued? This huge amount may deter them from falsely advertising a service again. But then auto makers advertise gas mileage for cars that is never achievable in real life, it will be up to the courts to decide.



    So instead of "Twice as fast, half the price", they should say



    "5 times faster for 70% of users, a little faster for 20% of users and the same as the old for 10% of users once in EDGE mode, at half the upfront price but actually $40 more after 24 months of usage"



    Catchy
  • Reply 75 of 81
    Quote:
    Originally Posted by italiankid View Post


    you can thank the lawsuits for Apple to fix your iPhone 3G issues.

    Because of these legal lawsuits, this is why Apple for the first time listed the BUG Fixes... normally firmware releases are 'bug fixes' without any other info.

    Stop complaining people and thank the people who had the nerves to go up against Apple and get them back on there feet and get you off IPhone 2.0, 2.0.1 and 2.0.2 beta!



    2.1 is now much better and I thank the people trying to sue Apple...

    Thank you people.



    Yes because Apple would have never fixed it on their own... \



    Do you really think a corporation is going to leave millions of users high and dry with a terrible ownership experience? No, they are going to do the right thing and offer a fix so it makes it that much easier to sell iPhone "4G."
  • Reply 76 of 81
    wizard69wizard69 Posts: 12,828member
    Quote:
    Originally Posted by Lictor View Post


    Well, we could certainly blame SOMEONE. I mean, I currently expect to get 2 or 3G coverage on all highways and most areas except the most rural ones everywhere in my country and in most of Europe. If I moved to the "most advanced country in the world", I would certainly expect the same quality of service.



    Obviously you don't know enough about the realities of cell service in the USA.



    First it is very easy to drive out of range of any sort of cell service in the USA. I can't blame the providers either as it would make no sense to install hardware in places where there would me no significant load when more densly populated areas need expanded coverage.

    [/quote]

    Now, should you blame Apple or AT&T? I would say AT&T, but it's really not of our business. If Apple gets sued for a mistake of AT&T, you can trust Apple to sort it out with AT&T and get them to pay...

    [/quote]

    Why should either of them have to pay when there is no guarantee of coverage? Second the iPhone does get the advertised transfer rates. Yeah the networks get loaded down at times but that is a real characteristic of a network. The other problem with these bozzos is how do they know it is actually an AT&T problem and not a server issue some place else? The very nature of the lawsuits indicate they are to stupid to know the difference.

    Quote:



    Because they're not supposed to understand it. When you buy a television, you're not expected to know how it works. Same with a fridge, a car or whatever.



    Again BS. Take the TV for example. If you aren't capable of understanding how to hook it up and optimize signal reception the exepectation is that you hire somebody to do it for you. You don't go around blaming SONY if you are to much of an idiot to hook it up and program the unit.



    Much the same can be said about computers, fridges or cars. If you can't service and maintain your car blaming BMW isn't going to fly.

    Quote:

    Mobile phones, just like computers, are consummer goods. You just expect them to work. Otherwise the Mac would have stayed and died in Steve Jobs' garage...



    Clearly you don't know the history of personal computers or even current requirements to keep one running and up to date. Even Apple hardware is a bit away from just working, regular intervention is required to keep the assembled software working smoothly. Go over to the dark side and you can build a very viable business around keeping MS based computers running.

    Quote:

    And complaining is a good way to establish priorities. Especially with phone and ISP companies. When facing a saturated or improper network, you want them to invest their money on improving it, rather than on recruiting even more clients to saturate it further.



    Complaining is only useful if there is an immediate solution and you actually have a problem. But that is far from tying AT&T and Apple up in the expense of a law suit which only slows down the process of fixing things. The fact is that the two companies where addressing issues pretty darn quick if you look at the number of patches released after 3Gs release.

    Quote:







    I thought the beta was the iPhone 1.0? This is iPhone 2.0... 3G is hardly innovative and bleeding edge, it has been around for years.



    Again you don't have your facts straight, it wasn't more than a couple of weeks before the 3G came out that AT&T announced that phase 1 of their 3G roll out was finished. Prior to that the whole telecommunications industry was in the spotlight due to a large number of deaths due to various cell tower installation accidents. Much of the advanced networks in the USA are literially brand new. Like any sort of public network there is no way to know in advance what adoption will be like in any one area. The cell companies simply need time to figure out where the real issues are and address them.



    3G is very innovative if you look at the whole package. There isn't anything on the market that really competes with it when all the features are looked at. Unfortunately even Apples software is having stability issues after the release of 2.1. At this point though what does one have to compare it to? IPhone is very bleeding edge.





    Dave
  • Reply 77 of 81
    jeffdmjeffdm Posts: 12,946member
    Quote:
    Originally Posted by wizard69 View Post


    Again BS. Take the TV for example. If you aren't capable of understanding how to hook it up and optimize signal reception the exepectation is that you hire somebody to do it for you. You don't go around blaming SONY if you are to much of an idiot to hook it up and program the unit.



    TVs are orders of magnitude simpler to use than computers. They're fairly simple and for the most part, there's no reason to fear whether a movie will break your TV.



    Quote:

    Much the same can be said about computers, fridges or cars. If you can't service and maintain your car blaming BMW isn't going to fly.



    So you change your brakes and retrieve fault codes from your ECM?
  • Reply 78 of 81
    wizard69wizard69 Posts: 12,828member
    Quote:
    Originally Posted by Hattig View Post


    This case is always used as an example of a frivolous lawsuit, yet the facts of the case are very much in her favour. McDonalds kept coffee at superheated temperatures so it would last longer. The problem wasn't the lack of warning, the problem was that the coffee was ten or more degrees (Celsius) hotter than it should have been kept, which increase the risk of scalding drastically.



    I have to wonder if this ignorance will ever stop! First you need to get a handle on your terminology, nothing was superheated! Second most coffee drinkers like their coffee hot ideally out of the perculator which means water close to the boiling point. The reality is that McDs was serving the coffee cooler than many customers would have preffered it. In any event it wasn't McDonalds that spilt the coffee and frankly that makes all the difference in the world.

    Quote:

    I see that other people have pointed these facts out, yet people are still defending the right of the corporation to increase its profits by serving undrinkably hot coffee.



    First off those so called facts are nothing less than BULL SHIT. Second the coffee is served that way because that is what customers want and is the socially accepted way to serve the drink. Third many people don't expect to gulp that coffee down right away as it may be destined for the work site.



    In any event I suspect that you are one of the many idiots that will end up voting for Obama. It is a dirty rotten shame that there are so few people in this country that even remotely understand the concept of personal responsibility. Maybe a course in ethics would help.





    Dave
  • Reply 79 of 81
    wizard69wizard69 Posts: 12,828member
    Quote:
    Originally Posted by JeffDM View Post


    TVs are orders of magnitude simpler to use than computers. They're fairly simple and for the most part, there's no reason to fear whether a movie will break your TV.



    I'm not sure I follow what you are saying here. What I'm pointing out is that if you don't know how to install and work with a antenna (for example) you don't blame Sony. Same thing if third party interferrence is an issue.

    Quote:

    So you change your brakes and retrieve fault codes from your ECM?



    Yes I have. On the F150's I use to drive I could do the front brakes practcally blind folded. I don't do that as much anymore mostly due to the lack of time. In any event I still do a good portion of my own maintenace. One to check and verify what is being done on the vehicle. The other is simply to save money.



    As to the ECM I haven't invested in the instrments nor software to do such yet. Frankly I haven't had the time and most problems can be resolved without if you understand what an engine does. If I need the services of a reputable repair house at least I can have an intelligent conversation.



    My latest project didn't involve a vehicle, instead I replaced the sill plate and part of the rim plate. That involved jacking up a good portion of the house. It also involved swinging a twelve pound sledge to remove the concrete that caused the problem in the first place.





    Dave
  • Reply 80 of 81
    jeffdmjeffdm Posts: 12,946member
    Quote:
    Originally Posted by wizard69 View Post


    As to the ECM I haven't invested in the instrments nor software to do such yet.



    There is no need to spend money on that. Most vehicles on the road will display the fault code number if you know what button sequence to press.
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