iPhone 3G lawsuit over poor iOS 4 performance tossed out of court
In 2010, the iOS 4 update all but crippled the iPhone 3G. A subsequent update fixed most of the issues, but as is inevitable in a persistently litigious culture, California resident Bianca Wofford filed a lawsuit against Apple claiming "Apple knowingly and intentionally released what it called a system software 'upgrade' that, in fact, made hundreds of thousands of [iPhones] 'useless' for their intended purpose."
When I examined the law brief, I found it to be utterly without merit and full of tremendous errors in logic. My conclusion: "I hope that whatever judge sees this brief is smart enough to throw it out before it even makes it to court. The suit's claims are all but impossible to prove."
A year later, that's exactly what has happened; Judge Anthony J. Battaglia dismissed the case because the claims made don't fall under California's Consumer Legal Remedy Act. Since the iOS 4 software update was offered free of charge, the judge ruled that it qualified as neither a "sale or lease" or "good or service" under the Act.
Ms. Wofford's lawsuit sought US$5000 in damages for iPhone 3G owners, free upgrades to the iPhone 3GS or iPhone 4, and $150 in credits for lost services. Since the judge has ruled her case is not covered under the Consumer Legal Remedy Act, none of those damages will be brought against Apple. Wofford has the right to appeal or amend her suit, but the case was so completely lacking in merit that it's unlikely the appeal will move forward.
The hardest thing to believe about this case? It's already been a whole year since we first heard about it. Time sure flies.
[via AppleInsider]
Share
In 2010, the iOS 4 update all but crippled the iPhone 3G. A subsequent update fixed most of the issues, but as is inevitable in a...
Add a Comment
Lawsuit or no, it is true that iOS 4 did severely hamper the performance of the iPhone 3G. I upgraded my iPhone 3G to iOS 4, and I never recovered. I got myself the iPhone 4, and it was so much better. Then my wife got the free iPhone 3GS (after I gave her the old iPhone 3G) and we're now both happy with our current iPhones. I hope our performance doesn't suffer when they release iOS 6!
November 14 2011 at 11:53 AM Report abuse Permalink rate up rate down ReplyMy biggest complaint about this issue is that Apple makes it very difficult (and for now impossible past iOS 5.0) to downgrade your firmware. Take for example all of the people who applied the iOS 5.01 upgrade and are now getting even worse battery life than before, there's nothing they can do but sit and wait for another fix. Apple needs to allow and accommodate downgrading firmwares in these cases.
November 11 2011 at 1:43 PM Report abuse Permalink -1 rate up rate down ReplyGood job Bianca didn't buy Vista.
November 11 2011 at 5:14 AM Report abuse Permalink +1 rate up rate down ReplySanity prevails, Not sure i agree at all with why the judge threw it out (the customer HAD paid for the device that was affected by the free upgrade)
But it's obvious to me that Apple wouldnt deliberately sabotage their old devices- leave them behind, perhaps, but not deliberately leave millions of annoyed customers unsatisfied with their experience.
It would've been nice if Apple would update their software to fix the performance problems though. My 3G never recovered from iOS 4.
Now my 1st Gen iPad is slow as crap thanks to iOS 5, & my macbook is slow from Lion.
HURRAY PROGRESS!
But sir! This case is Wofford-thin!
November 10 2011 at 9:03 PM Report abuse Permalink rate up rate down ReplyDeals of the Day
more deals- Acoustic Research Digital Photo Frame with iPod Dock for $50 + free shipping
- Apple iPhone 4 8GB for Verizon, AT&T, or Sprint for $50 + pickup at Best Buy
- Unlocked iPhone 4S 16GB for GSM (AT&T, T-Mobile) for $619 + free shipping
- Apple iMac Core i7 Quad 3.4GHz 27" w/ 24GB RAM, 2TB HDD for $2,677 + $29 s&h
- Used Apple Magic Mouse for $36 + $4 s&h
- Skullcandy Riot Earbud Headphones for $10 + free shipping
6 Comments