Sensational lawsuit accuses Apple of turning iPhone 3G into "iBrick"
A class action lawsuit filed in California last week alleges Apple engaged in "unsavory, dishonest and deceptive business practices" by offering its iOS 4 update to iPhone 3G users, all the while knowing that it would render many of the devices unusable.
On Oct. 29, lawyers from Cohelan Khoury & Singer, a self-described "class action law firm," filed the suit in a San Diego County state court on behalf of lead plaintiff Bianca Wofford. The suit claims that Apple made "false statements" representing the iOS 4 upgrade as a "significant advance and triumph" in software for her iPhone 3G, but instead turned the handset into a "virtually useless 'iBrick.'"
The plaintiff alleges that the software update "rendered the iPhone 3G devices virtually unusable, constantly slowed, crashed or frozen." Apple's engineers are accused of waiting for "nearly 3 months" to fix the problem, despite being "acutely aware of the thousands of complaints lodged."
Wofford contends that Apple disallowed the downgrading of the iPhone 3G from iOS 4 back to iOS 3.x in an attempt to willfully manipulated consumers into purchasing the iPhone 3GS or iPhone 4. According to the suit, the plaintiff's iPhone has gone from 99 percent reliability to "about 20 percent functionality" because of the iOS 4 upgrade.
According to Wired, the suit (PDF) requires judge approval to gain class action status.
In July, an Apple spokeswoman told The Wall Street Journal that the Cupertino, Calif., company was aware of the reports of degraded performance on the iPhone 3G with iOS 4 installed and was looking into the matter.
During Apple's Sept. 1 media event, Apple CEO Steve Jobs specifically mentioned the iPhone 3G "bug" as an issue that would be resolved in iOS 4.1. After the update was released, informal speed tests conducted on an iPhone running iOS 4.1 seemed to resolve some of the sluggishness that users were reporting. The iPhone 3G running iOS 4.1 "didn't get stuck nearly as much," the test noted.
On Oct. 29, lawyers from Cohelan Khoury & Singer, a self-described "class action law firm," filed the suit in a San Diego County state court on behalf of lead plaintiff Bianca Wofford. The suit claims that Apple made "false statements" representing the iOS 4 upgrade as a "significant advance and triumph" in software for her iPhone 3G, but instead turned the handset into a "virtually useless 'iBrick.'"
The plaintiff alleges that the software update "rendered the iPhone 3G devices virtually unusable, constantly slowed, crashed or frozen." Apple's engineers are accused of waiting for "nearly 3 months" to fix the problem, despite being "acutely aware of the thousands of complaints lodged."
Wofford contends that Apple disallowed the downgrading of the iPhone 3G from iOS 4 back to iOS 3.x in an attempt to willfully manipulated consumers into purchasing the iPhone 3GS or iPhone 4. According to the suit, the plaintiff's iPhone has gone from 99 percent reliability to "about 20 percent functionality" because of the iOS 4 upgrade.
According to Wired, the suit (PDF) requires judge approval to gain class action status.
In July, an Apple spokeswoman told The Wall Street Journal that the Cupertino, Calif., company was aware of the reports of degraded performance on the iPhone 3G with iOS 4 installed and was looking into the matter.
During Apple's Sept. 1 media event, Apple CEO Steve Jobs specifically mentioned the iPhone 3G "bug" as an issue that would be resolved in iOS 4.1. After the update was released, informal speed tests conducted on an iPhone running iOS 4.1 seemed to resolve some of the sluggishness that users were reporting. The iPhone 3G running iOS 4.1 "didn't get stuck nearly as much," the test noted.
Comments
Good!
It would probably hold more water if apple DID NOT support iPhone 3G cause then users would totally have to upgrade to get a taste of iOS 4. Dunno if this is just a case of spoilt consumers or greedy lawyers, but either way apple bears the brunt.
iPhone 3G is two years ago...they can't expect apple to contiunue supporting it like the 3Gs and 4
No, not really, as Apple was still selling the 3G up until the 4 was released, which was only a couple of months before iOS 4 was released. So this was not an ancient phone in that regard.
But 4.1 was a big improvement. And class action lawsuits are just BS so these guys should go jump.
iPhone 3G is two years ago...they can't expect apple to contiunue supporting it like the 3Gs and 4
Yes they can. I still believe in a lifespan of technology products longer than 2 years. And apple is a million dollar company. Don't tell me they don't have the resources. The argument is most likely true and valid.
Yes they can. I still believe in a lifespan of technology products longer than 2 years. And apple is a million dollar company. Don't tell me they don't have the resources. The argument is most likely true and valid.
Meh 2 years is a long time in tech age, I mean look how long they supported power pc processors until snow leopard came out. If the want to stop support so be it. Move on and I believe there a "billion dollar mammoth" not a measly couple million bucks
that's funny. what about other companies to support previous models? people complain about that just like Apple iphone? I don't think so. Apple has a big problem that they do products obsolete so faster so that they tell us to buy new one? bull shit. now, Apple is multi billions company. but who knows? it would be suddenly tumbling down, back to old days? Apple is not MS. they can't survive for a long time. I bet it. they should do more gentle for customers.
Then don't buy from them it's your choice not their's. No one is spending your money except you. Don't like having technology that constantly becomes obsolete? Get use to it or go back to the caves simple as that. Its a part of life.
I know of 3G users who upgraded rightaway, and they did experience a slight decrease in performance. That was quickly and easily solved by turning searchlight off.
At best, this lawsuit is opportunist, and I cannot see how they can prove the iPhone 3G was bricked by the upgrade.
iPhone 3G is two years ago...they can't expect apple to contiunue supporting it like the 3Gs and 4
So in two years time shall we just throw our iPads in the bin? Complete nonsense.
If Apple are selling iPhones at a considerable cost then they should be fit for purpose. In the UK you are covered by trading standard laws, I know, as I contacted them after my iPhone turned into an iBrick.
Apples answer? To give me a brand new iPhone 3G
Needless to say, I haven't installed the update and won't be.
Then don't buy from them it's your choice not their's. No one is spending your money except you. Don't like having technology that constantly becomes obsolete? Get use to it or go back to the caves simple as that. Its a part of life.
Utter Fool
IMO, the legitimacy of this lawsuit hinges on the claim that Apple does not allow an iOS downgrade. The 3G was still sold as new right up until the iPhone 4 came out just a few months ago, and most people are locked into 2-3 yr contracts, so they absolutely have a right to expect that hardware to still work as it did when new. If an 'upgrade' actually degrades performance, they have every right to expect to be able to go back.
iPhone 3G is two years ago...they can't expect apple to contiunue supporting it like the 3Gs and 4
It's months old, as the 3 was being sold right up till the release of the 4 (as many others posted) I TOO was CHUGGING the Apple Kool-Aid out of school, and was in the process of coming back (now as a 40 year old) when I purchased my iPhone 2 years ago.
But it was this engineered "catch 22" that Apple put into motion that really woke me up and made me realized the control their devices have (or attempt to have) over it's users. It's 2 years old, so what? I like it, and don't want to buy something new right now- so F*CK you, and F*UCK apple. F*UCK itunes and how many computers I can put my music on.
But now, I'm motivated, and guess what? I don't negotiate with terrorists either. So come November 21, when the shit service contract from AT&T expires on this now VERY shitty phone, I roll into the local Sprint office and buy a new Evo. Is it a better phone? I don't give a rip- but I'm not being held hostage by a F*cking electronic devices company.
And you know what else? The suit is legit, and sometime in 2017, I'll get a check in the mail for .17 cents.
The 3G (which I also own) is by no means unusable. Sure, it is not "snappy", but for every task it can control (which is everything other than data transfer over a 3G network), it works very well.
Hardware changes immensely over a two year period and people have to realize that. Newer technology will always run software faster than older technology.
If any operating system should have resulted in a class action lawsuit, it should have been Vista. The operating system itself requires like twice the ram of XP. The minimum system requirements for software are always higher if you are running Vista than XP or 7.
The goofy thing is how does it hit or miss certain phones. iOS 4 did not adversely effect the iPhone 3G in this household.
I had the same reaction to the story. Adding IOS 4 to my iPhone 3G actually sped it up a bit! Not a single problem. And it definitely wasn't a brick.
Then don't buy from them it's your choice not their's. No one is spending your money except you. Don't like having technology that constantly becomes obsolete? Get use to it or go back to the caves simple as that. Its a part of life.
The complaint is not that the tech was "obsolete". The complaint is that Apple intentionally borked the phones.
Me, I think that they just screwed up. It is happening more and more often as they grow bigger and bigger.