Apple hit with $1.2 Billion lawsuit over iPhone locking.

SonicSpeed · #1 (**permalink**) 10-14-2007, 03:45 PM

Quote:

By Mark Raby
Cupertino (CA) - The controversy over Apple's first cell phone rages on, as it is now facing a class action lawsuit over its proprietary and forceful relationship with AT&T.

Lawyers filed the suit asking for $1.2 billion in damages because the phone is specifically locked to only allow one service provider. It is brought against Apple on behalf of Washington resident Paul Holman and Lucy Rivello, from California.

At the heart of the debate is Apple's recent firmware update, which users are required to download. According to the suit, the iPhone works fine when an AT&T SIM card is in it, but if it is replaced by a SIM card from another wireless carrier, it will not work. A SIM card stores all the data about a customer, and is a universal medium used by AT&T, T-Mobile, and other carriers.

Last month, users began figuring out how to alter their phones to allow other SIM cards to work. Apple quashed that, though, my making users download an update to the phone's software. It made all modified iPhones unusable.

"Apple expressly designed its software release 1.1.1 expressly to disable Third Party Apps and to disable any unlocked SIM cards, and to create technical barriers to install new Third Party Apps or to unlock the SIM cards," allege the plaintiffs in the lawsuit.

Apple claimed that these "hacking" adjustments made to the phone would harm it, but the lawsuit claims that this is not true. It states Apple had no proof of any actual damage that could be done to the iPhone as a result of unlocking it to other carriers.

Holman and Rivello both claim they purchased iPhones and wanted to be able to switch service providers.

Hurray for the US legal system. Obviously this should be thrown out because the End-Users were breaching their contract. Sure many people don't like Apple's way of doing things, but I don't like Palm having their Centro being exclusive to Sprint for 90 days, but its not that big of deal.

Craig · #2 (**permalink**) 10-14-2007, 03:53 PM

Baseless lawsuit that will go nowhere. If Apple owned more than 50% of the cell phone market it would be understandable, but it's not a monopoly by any means because they're not the only place in town to get a phone. Also, they're not the air provider, just the hardware manufacturer.

There are no laws against a duopoly in the United States...which this is akin to with ATT and Apple involved

CoffeeShark · #3 (**permalink**) 10-14-2007, 04:02 PM

Yeah, it's just dumb to buy ANYTHING, agree to the contract, then sue when you break the contract yourself and then your device doesn't work because of it.

It's yours and all, do whatever you want to the hardware (like an xbox mod0, but face the consequences.

moidock · #4 (**permalink**) 10-14-2007, 07:16 PM

Dumb. You buy it and break it, it's your fault.

Don't expect the manufacturer to replace it.

You don't own the device or the OS, Apple does. You just pay a license to use it, Apple clearly states that if you mess with it they're not responsible for the consequences.

If you mess with anything you do it at your own risk.

Speedde423 · #5 (**permalink**) 10-14-2007, 10:02 PM

Quote:

Originally Posted by CoffeeShark

Yeah, it's just dumb to buy ANYTHING, agree to the contract, then sue when you break the contract yourself and then your device doesn't work because of it.

It's yours and all, do whatever you want to the hardware (like an xbox mod0, but face the consequences.

The bolded word alone is the hinge. People don't want to accept responsibility for what they do. They want someone else to pay for it. So many lawsuits have become so well publicized that now some people think they can bring a lawsuit for anything. Why they think they can win a lawsuit with the payoff in the Billion dollar range is beyond me. Hopefully the judge in the case will throw it out without a second look.

VincentVega · #6 (**permalink**) 10-15-2007, 08:24 AM

that's what bugs me. you only hear on the news about the impending lawsuits. you never get the satisfaction of hearing them getting thrown out

YankeeDeuce · #7 (**permalink**) 10-15-2007, 09:00 AM

I hope they win, even if a billion dollars is ridiculous.

Quote:

Originally Posted by moidock

You don't own the device or the OS, Apple does. You just pay a license to use it

Fuck that. If I buy it, it's MINE.

Unlocking a phone won't cause any harm to it, apple knew what they were doing when they did the update that bricked unlocked phones. Only harm it caused was apple doesn't get their money from at&t.