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Man to sue over 1.1.1 iBricking

ComputerWorld reports that Timothy Smith, an iPhone owner in California, plans to sue Apple for violating antitrust law. His claim rests on the fact that Apple forces consumers to use AT&T as their sole wireless carrier and that the 1.1.1 update bricked phones that were unlocked for other carriers. This sole agreement with AT&T is, according to his suit, anticompetitive, forcing customers to pay more for their phones and for the cell phone service than they would in a competitive market. The suit goes on to add that Apple knew that the probable result of the update would brick unlocked iPhones.

If you're feeling in a litigious mood or if you just want to rubberneck to see what the fuss is about, check out this website set up by the Law Offices of Van Smith and Fernandez. It's got some spiffy photos at the top with a guy on a phone (it's probably not an iPhone) and a couple of lawyers talking (probably neither Van Smith or Fernandez).



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Bad Apple iPhone

ComputerWorld reports that Timothy Smith, an iPhone owner in California, plans to sue Apple for violating antitrust law. His claim rests on...
 

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Pixel Pete

This lawsuit should fail... and fail BADLY, imho.

IANAL, but I think any 1st-year law clerk could argue on Apple's behalf and win this case... before lunchbreak.

A consumer cannot sue a company for ANY damages AFTER they have WILLFULLY voided their product's warranty... PERIOD.

Shouldn't take Apple much to win this one.
File this under "DUMBEST LAWSUIT EVER".

October 09 2007 at 12:32 PM Report abuse rate up rate down Reply
Likely

"License agreements are legally binding"

Not true if they contain clauses that try and circumvent consumer law or the law of the land, no private license agreement overrides that.

Apple did not need to agree anything with ATT, in the free world you can buy handsets not linked to any carrier, I'm sure iPhones sales would be double what they are now if they did that.

"ATT forced Apple....." that's funny !

October 09 2007 at 6:22 AM Report abuse rate up rate down Reply
klime

I hate lawsuits. Why bother? A real problem in our society. The way you fix the Apple problem is choose not to buy the iPhone in the first place or if you hate it bring it back and get a refund. People that sue often drive themselves crazy, its consumes them. I'd say, life is too short move on.

October 09 2007 at 1:17 AM Report abuse rate up rate down Reply
Joseph

I've been using Apple computers since 95' and am a great fan of the company and proud of their success, but I have have a problem with Apple's update bricking the iPhone; they could have simply removed the "Re-Locked" the phone instead of playing God.

I believe the negative press generated from this event and future lawsuits will have a negative impact on their image. The best thing Apple can do is quietly release a patch to restore the bricked iPhones .

October 08 2007 at 10:34 PM Report abuse rate up rate down Reply
Alex

Apple didn't come up and brick anyone's iPhone. An unmodified iPhone would have updated to 1.1.1 with no problems, and if it had problems with the update Apple would have fixed them. Apple warned people who unlocked their phones that the 1.1.1 update may brick their phones. There was no reason why a reasonable person with a modicum of intelligence should have thought that updating an unlocked iPhone was a good idea. Once you modified your iPhone you had no reasonable expectation that further software updates from Apple would work as intended, as the updates would be designed for unmodified iPhones. Once you unlock an iPhone, you are on your own. You should have asked the people who unlocked your phone for an update, written your own update or not updated your iPhone at all.

The law may allow you to unlock your phone, you do so at your own risk however. Apple is under no obligation to support a device that has been modified. Apple sold you a phone that is intended to work with their partner. This is not a monopoly. If you could buy no other phones from any other companies, and if there were no other cellular networks, you could then argue about antitrust violations and monopolies but neither applies to this case.

October 08 2007 at 10:01 PM Report abuse rate up rate down Reply
Wythrol

#25 Ross, you typify the fucking idiot at the heart of this problem.

Even in your own example you manage to contradict yourself. If I followed through with your argument then after take off I should legally be entitled to fuck around with the aircraft engines, while still in flight, and with out any guarantee that I actually know what the hell I am doing.

The contracts and conditions surrounding the iPhone and the AT&T contract were well publicised. You fucked with them, it broke your unit, you are fucked. You have no legal or moral recourse to blame Apple or AT&T for your own moronic stupidity.

Quite frankly I think Apple and AT&T should have written into their small print that any asshat that hacked their iPhone and then tried to claim warranty should be taken out back and fucking shot in the head. We have enough trouble in this world and you people are quite blatantly surplus to requirement.

October 08 2007 at 9:50 PM Report abuse rate up rate down Reply
Anthony

See what happens when you have a retard as president of the united states? All the other brain challenged start to think they can redefine reality as well.

October 08 2007 at 8:52 PM Report abuse rate up rate down Reply
Ross

Contracts do not exempt companies from laws, not even Apple and ATT. Everybody is subject to laws and if you were to buy a ticket on a plane and then the carrier crashed your plane because you brought something you shouldn't have you would sue, just like if you modded a car and the original car maker came up to it and broke it or if an xbox 360 was modded(and still worked) and then a Microsoft employee uploaded a virus to it because it was modded. Contracts are subject to laws as much as anything else!

October 08 2007 at 8:40 PM Report abuse rate up rate down Reply
Catt

Good luck esp. given the new general council apple just hired.
Did this person not know that AT&T was the sole provider when he bought the phone? Kinda find it hard to believe that he didn't.

October 08 2007 at 7:12 PM Report abuse rate up rate down Reply
kinetix

I wan to sue...

I'd like to sue Lawyers and the Bar for allowing unthought out lawsuits to be created. Frivilous lawsuits cost the consumer, companies have to pay the bills some how.

Another Lawsuit, Lets jack-up the prices or cut some quality to meet our bottom line.

October 08 2007 at 6:41 PM Report abuse rate up rate down Reply
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