California man sues Apple CEO Tim Cook over automatic iOS 7 update
Apple's over-the-air iOS update mechanism, a feature designed to make it easier for iOS device owners to keep their phone or tablet up to date with the latest revision of Apple's mobile operating system, has bothered one California man so much, he's decided to take Apple CEO Tim Cook to small claims court.
The suit, titled "Mark David Menacher vs. Tim Cook" by the San Diego County branch of California's Superior Court, seeks a method to remove automatically downloaded iOS update files --?specifically the new iOS 7 binary --?and $50 in remuneration, reports CNET. Over-the-air updates are automatically downloaded when an iOS device is plugged in and connected to WiFi, though users must still grant explicit permission to install the new software.
Though the automatic update system has been active since the release of iOS 6, Apple's radical redesign of iOS 7 has prompted many users to hold off on the upgrade. This means that the automatically-downloaded installation file, which weighs in at more than one gigabyte and cannot be removed by the user, may decrease a device's available memory by up to fifteen percent with no way to recover the storage space.
In a statement obtained by CNET, Menacher wrote that "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."
"It is a policy that will eventually fail," he concluded.
Apple, as one of the world's largest corporations, and its executive team are frequently the target of legal action, sometimes with a bizarre twist. In 2009, Apple was sued by another California man who alleged that the Cupertino company secretly conspired with the Italian mafia to threaten him into becoming a fashion model. Another claimed that O.J. Simpson was long employed as a "hitman" for late Apple CEO Steve Jobs.
The suit, titled "Mark David Menacher vs. Tim Cook" by the San Diego County branch of California's Superior Court, seeks a method to remove automatically downloaded iOS update files --?specifically the new iOS 7 binary --?and $50 in remuneration, reports CNET. Over-the-air updates are automatically downloaded when an iOS device is plugged in and connected to WiFi, though users must still grant explicit permission to install the new software.
Though the automatic update system has been active since the release of iOS 6, Apple's radical redesign of iOS 7 has prompted many users to hold off on the upgrade. This means that the automatically-downloaded installation file, which weighs in at more than one gigabyte and cannot be removed by the user, may decrease a device's available memory by up to fifteen percent with no way to recover the storage space.
In a statement obtained by CNET, Menacher wrote that "Apple's disregard for customer preferences in relation to iOS7 is corporate thuggery. Steve Jobs was reportedly rough on company employees in pursuit of happy customers, but Tim Cook apparently cultivates a culture of contempt for customer satisfaction in pursuit of corporate profits."
"It is a policy that will eventually fail," he concluded.
Apple, as one of the world's largest corporations, and its executive team are frequently the target of legal action, sometimes with a bizarre twist. In 2009, Apple was sued by another California man who alleged that the Cupertino company secretly conspired with the Italian mafia to threaten him into becoming a fashion model. Another claimed that O.J. Simpson was long employed as a "hitman" for late Apple CEO Steve Jobs.
Comments
The complaint of having a 1GB file automatically downloaded and stored when there's no intention to install it is actually sort of valid though. Something tells me there's probably an easy way to get rid of it though. Tim Cook should settle for 75$.
What a retard.
I suspect he wants $50 in remuneration (unless he just wants his binary file scrambled a little).
aka Sam Sung
I don't think that method will stop iOS7 from automatically downloading, tho of course it shouldn't automatically install. What you may have confused it with is individual updates for various iTunes apps.
Just a shining example of how stupid people are and then they want others to pay for their stupidity. I have 4 iOS devices in my house and none of them have been updated to iOS 7 why because I did not allow them and I am waiting until the rest of you find all the bugs since we all know we can no longer down grade thanks to the jailbreak community. Wait that is it, he is a jailbreak plant, he is attempting to force apple to restore the ability to downgrade again.
He should be happy he actually gets updates, something missing from the OEM Android community.
> Fix your legal system USA.
This is actually a good part of the US legal system: anyone can file suit against anyone else when they have felt harmed against. Small claims court is designed to make this process (somewhat) easier as well.
Now, this case will 99.9% be thrown out at the first opportunity by a judge, but at least the judge is that person to do it, and not some barrier before him/her.
Apple really shouldn't auto download iOS 7. I was holding off installing it on my phone, but now it is already on the phone waiting to be installed. By the time I want it, there will probably be a new point update which will also need to be downloaded. To make matters worse is that it used up a gig of my data plan because it thought it had wifi when actually it was my cellular hot spot. That right there cost $10 plus it is using up another gig of my storage space, not that big of a deal since I have a 64GB model but still they just should not do that without your permission. Would I sue over it? - hell no.
Regardless, this will never make it to trial. The first and most obvious reason is that he's suing Tim Cook, and not Apple. Tim Cook did not sell him a phone. Apple did.
I out of breath after reading that paragraph. Seriously comedy gold
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.
The settlement should be $10 and a pizza at best.