Friday, October 12th 2007

iPhone Lawsuit Seeks Over $1 Billion in Damages

Lawyers filed a class action lawsuit against Apple and AT&T seeking $1.2 billion in damages because the iPhone is locked to AT&T’s wireless network. The suit also notes that Apple will not allow unauthorized applications on the iPhone. Filed on behalf of Paul Holman in the State of Washington and Lucy Rivello in California, the lawsuit explains that in the United States the SIM chip is locked to the wireless carrier, not the hardware device. Damian Fernadez, the attorney who filed the state suit explains in court documents what Apple is accused of:
Apple punished consumers for exercising their rights to unlock their iPhones. Apple issued a software update that 'bricked' or otherwise caused iPhone malfunctions for consumers who unlocked their phones and installed the update. Apple's unlawful trust with AT&T substantially lessens competition and tends to create a monopoly in trade and commerce throughout the entire United States.
Apple and AT&T both declined to comment on the story.Source: Macworld,DailyTech
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18 Comments on iPhone Lawsuit Seeks Over $1 Billion in Damages

#1
Seany1212
seriously they cannot do this right? $1.2 billion! wow wont that be a like a massive chunk out of what the company is worth?
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#2
kakazza
At least they're being realistic. Anything less than $1.2bn wouldn't really make up for all the hassle :rolleyes:
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#3
jocksteeluk
Bollocks, Apple rip people off too much, normally i would i would back Apple up due to the retards buying a product with clearly defined specifications but the fact is if Apple loses it will act as the test case for all other phone manufacturers who are planning similar restrictions on their products so i would have to say this action is for the benefit of the consumer. Apple got away with the Ipod - Itunes saga but hopefully they wont get away with this one but i do hope the pay out is the sum of $1 only.
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#4
Easy Rhino
Linux Advocate
when you buy an iphone you sign a terms of use agreement. meaning you can only use the phone in the way it was meant to be used. if you dont sign the agreement you dont get the phone. if you break the agreement and it costs apple or att money you might hear from their lawyer. this lawyer sueing apple has no legal ground to stand on. people need to understand that when you buy electronics you arent allowed to hack them and then use them in a way that wasnt meant. most companies let this kind of behavior slide because it makes the company look bad picking on some teenage kid. but now that this particular lawyer has filed a massive class action lawsuit you can bet that apple will be even more protective of its property, meaning more enforcement of the agreements meaning less innovation by people hacking their stuff.
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#5
Darkrealms
I want to know if the update 1.1.1 had a terms of use agreement that either was Accepted or was not allowed to install??
If thats the case its a whole new contract that people agreed to. Their bad, read the fine print next time! Right or wrong Apple is doing the same thing every other cell phone company is doing in the CDMA market. Sue them all or shutup.
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#6
BOSE
by: Easy Rhino
when you buy an iphone you sign a terms of use agreement. meaning you can only use the phone in the way it was meant to be used. if you dont sign the agreement you dont get the phone. if you break the agreement and it costs apple or att money you might hear from their lawyer. this lawyer sueing apple has no legal ground to stand on. people need to understand that when you buy electronics you arent allowed to hack them and then use them in a way that wasnt meant. most companies let this kind of behavior slide because it makes the company look bad picking on some teenage kid. but now that this particular lawyer has filed a massive class action lawsuit you can bet that apple will be even more protective of its property, meaning more enforcement of the agreements meaning less innovation by people hacking their stuff.
I agree with you. This is going way to far.
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#7
panchoman
Sold my stars!
by: BOSE
I agree with you. This is going way to far.
i agree as well. its in the tos and what not.
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#8
mrw1986
I agree as well. Apple is not the first company to lock a phone to a carrier...people just make a big deal out of because its Apple, grow up people.
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#9
DaMulta
My stars went supernova
I wish I found something I could sue for 1.2 billion dollars for....
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#10
Rodster
by: Easy Rhino
when you buy an iphone you sign a terms of use agreement. meaning you can only use the phone in the way it was meant to be used. if you dont sign the agreement you dont get the phone. if you break the agreement and it costs apple or att money you might hear from their lawyer. this lawyer sueing apple has no legal ground to stand on. people need to understand that when you buy electronics you arent allowed to hack them and then use them in a way that wasnt meant. most companies let this kind of behavior slide because it makes the company look bad picking on some teenage kid. but now that this particular lawyer has filed a massive class action lawsuit you can bet that apple will be even more protective of its property, meaning more enforcement of the agreements meaning less innovation by people hacking their stuff.
It's no different than the idiot women who spilled hot coffee on her lap while in a car, sued McDonalds and won millions. The court system is a joke and you have ambulance chasers at every corner who will try and push the legal system.

I like Apple as a company. I don't like their practice regarding the iPod and iTunes. On this one they are in the right because if you don't like the terms then don't sign the contract. It's spelled out before the person even buys the phone. And as much hype as the iPhone got pretty much everyone who wanted one knew they were going to get locked into AT&T for 2 years. That's why I never bought one.
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#11
zekrahminator
McLovin
I want to see these dudes win, and watch all the people that got iPhones get checks in the mail as part of the settlement :D.
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#12
Easy Rhino
Linux Advocate
by: DaMulta
I wish I found something I could sue for 1.2 billion dollars for....
hrm...whats the next big thing coming out? buy it and then hack it and sue when it the company you bought it from says you cant do what you did.
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#13
Ravenas
by: zekrahminator
I want to see these dudes win, and watch all the people that got iPhones get checks in the mail as part of the settlement :D.
I think this would set the bar for stupidity for many years to come.
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#14
DaMulta
My stars went supernova
by: Easy Rhino
hrm...whats the next big thing coming out? buy it and then hack it and sue when it the company you bought it from says you cant do what you did.
Like mod chips for wii and 360?

People went to jail over that.
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#15
WarEagleAU
Bird of Prey
No way in hell is this gonna work out like they want to. THis is so stupid. Suing a company over something like this.
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#16
BOSE
Apple should counter sue everyone that filed a suit against Apple for breach of contract.
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#17
Ravenas
by: BOSE
Apple should counter sue everyone that filed a suit against Apple for breach of contract.
I disagree, Apple shouldn't stoop to their level. We're dealing with very greedy people here who try to find reasons to sue people, no matter how ridiculously stupid their reasons are. Additionally, these people have already lost their money due to pure stupidity, they are locked out of a very expensive phone.
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#18
ex_reven
by: DaMulta
I wish I found something I could sue for 1.2 billion dollars for....
Drown someone in the water storage of your mars base.
Sue their families for poisoning your water supply :p
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