Class action lawsuit against Apple

Welcome to our Community
Wanting to join the rest of our members? Feel free to sign up today.
Sign up
Jun 7, 2007
545
0
16
Queens, NY
#1
Is it possible to file a lawsuit against Apple for the recent update that bricked peoples iPhones? In this country ( USA ) it is not illegal to unlock a cellphone. and for Apple to make software to render the iPhone locked again( and bricked)...I think that is illegal on there part. Plus we all shelled out hundreds of dollars behind this device...thats basicly ours to do with as we please. If we want to use it as a paper weight or an object to throw at people....thats our concern not theirs, we paid for it.
Now I understand that they don't want people to be messing around with their software, but to unleash the power of the iPhone, "we, the user demand" more from the iPhone, we demand to be free from Apples constraints on the iPhone. I want more....stocks and weather, safari ...is not enough for me... I want more.
SOMEONE NEEDS TO FILE A LAWSUIT AGAINST APPLE.
Thats just my opinion.
 

Prelector

Member
Bronze
Sep 6, 2007
151
1
18
#5
Yeah, it will. But it still is illegal for them to have a locked phone and for us to unlock it and for them to relock it....illegal.
This isn't quite true...

It's not illegal for them to make a locked phone.
It IS legal for you to unlock your purchased phone, as long as you didn't plan to profit from the unlock.
It's unknown what the legal status is on them relocking it again.
You'd have a VERY hard time proving intent on the "bricking", especially since they warned you ahead of time.

You'll probably see a class action in the new couple of weeks over this issue, I'll guarantee it. If for no other reason, then to test the status of a carrier "relocking" a device. This is an issue that needs to be settled in the courts.

I'd highly recommend you do a bit of research before you try and pursue this though, as it's fairly apparent you don't know much about a consumer's rights, re:cellphones or electronics. While you did purchase the iPhone, it's NOT "yours to do with as you wish", as you are bound by parts of the EULA you agreed to.

As to the others mention of agreeing to the EULA, agreement to a contract doesn't mean that contract is valid... It's already been stated (in the section 1201 exception) that agreeing to a EULA regarding cellphone "locking" or "unlocking" isn't enforcable by the manufacturer, and that portion of the EULA isn't legally binding on the purchaser.

And for anyone asking for "proof" or "show me"... look it up yourself. I'm sick of linking and explaining the info on this exception. (I'm also a bit tired of folks too lazy to do their own research on a particular topic.)
 

UriA702

New Member
Sep 28, 2007
7
0
0
#7
The suit would be thrown out before ever making it to court. Apple did not say you can not unlock your phone, on the contrary. What they did say was "Hey, you can put as much 3rd party software on your phone as you want, but when we release our update, the damage caused to your phones existing software may very well prevent the update from working properly. Thus permanently impairing your phone."
Permanently? I doubt it.
The bricked phones are down and out for now, but the hackers will figure this out in a few days nothing to worry about.
I'm sure that as we speak plenty of folks are working on some files that will flash your phone back to older firmware, restoring it to 1.0.2.
I mean come on guys lets be serious for a minute, the people whose phones are bricked did not listen, and it did indeed brick their phone. their fault. I just feel bad for people who purchased unlocked iPhones through 3rd party retailers and aren't so tech savvy - their phones are now locked and it is not their phone - they did not know the repercussions of purchasing an unlocked device.
 

SmartAlx

Zealot
Gold
Jun 7, 2007
1,087
8
38
#8
It is not illegal for them to re-lock it either.
This hasn't been tested in court yet. That's why we need there to be a class action lawsuit.

If the hackers can figure out how to simply relock the iPhones then we might have a serious case against Apple. If it's true, then it means that rather than relock the phones, Apple decided to deter further unlocking by bricking the few phones that were unlocked. This is especially true if the hackers discover that Apple went out of their way to brick unlocked iPhones. If they can present evidence in court it would be very bad for Apple.

Winning the lawsuit won't just help the "iBrick" owners. It will set a precedence for EVERY phone manufacturer and their attitude towards modification. Right now there is a war on between manufacturer and modifier.

If we win this lawsuit, we win the war. Phone manufacturers won't be allowed to stop people from modifying their own devices. Then maybe more manufacturers will start to take the open source ideal.
 

pab277

New Member
Aug 1, 2007
25
0
0
#9
im pretty sure that wouldn't hold up well in court seeing the fact that you voilated your user agreement, voilated the warranty, and the fact that they gave you a clear warning before updating that it would brick the iPhone.
 

gcvt

Zealot
Gold
Jun 21, 2007
1,029
1
38
San Francisco
#10
LOL - an attorney would have to be a damn fool to file a class action lawsuit against Apple on behalf of people who voilated the end user agreement, software license agreement, etc.

No chance. No way. Fuggggetaboutit!

Just because it legal to unlock your phone doesn't mean Apple has to make it easy, or even possible, for you to do so.

End this silliness! :mad:
 

T3Logic

New Member
Bronze
Sep 4, 2007
35
0
0
Daytona Beach
#13
Eula are irrelevant. Look at microsoft history when they intertwined the browser in xp and other times they tried to lock out certain software from 3rd party contributers.

Apple is the new MS of old.

As you see now the same replies to questions that were asked when MS tried this practice. Instead of people saying by a mac they are saying buy a windows mobile phone.

IBM then Microsoft and now Apple have always tried this dictatorship of software/hardware. It also has been ruled in favor of the consumer and left the company with a bad rep. So once this class action lawsuit is filed development for the iPhone will slow and updates will be less and less.
 

kency79

New Member
Bronze
Sep 2, 2007
62
0
0
Hamilton,NJ
www.myspace.com
#15
Eula are irrelevant. Look at microsoft history when they intertwined the browser in xp and other times they tried to lock out certain software from 3rd party contributers.

Apple is the new MS of old.

As you see now the same replies to questions that were asked when MS tried this practice. Instead of people saying by a mac they are saying buy a windows mobile phone.

IBM then Microsoft and now Apple have always tried this dictatorship of software/hardware. It also has been ruled in favor of the consumer and left the company with a bad rep. So once this class action lawsuit is filed development for the iPhone will slow and updates will be less and less.
YOU ALL ARE WASTING YOUR TIME. THERE WAS A WARNING BEFORE YOU UPDATED!

I DON'T SEE THE POINT OF THIS ARGUMENT. IT WAS CLEAR FROM JANUARY 9 - NO 3RD PARTY APPS, ONLY AT&T PROVIDER.

IF YOU DIDN'T LIKE BEING LOCKED DOWN, YOU SHOULDN'T BOUGHT THE iPhone IN THE FIRST PLACE.

HUH ENOUGH SAID LET ME GO BACK WITH MY FULLY FUNCTIONAL iPhone.
 

webb

New Member
Bronze
Jul 19, 2007
192
0
0
Southern NJ, USA
#16
YOU ALL ARE WASTING YOUR TIME. THERE WAS A WARNING BEFORE YOU UPDATED!

I DON'T SEE THE POINT OF THIS ARGUMENT. IT WAS CLEAR FROM JANUARY 9 - NO 3RD PARTY APPS, ONLY AT&T PROVIDER.

IF YOU DIDN'T LIKE BEING LOCKED DOWN, YOU SHOULDN'T BOUGHT THE iPhone IN THE FIRST PLACE.

HUH ENOUGH SAID LET ME GO BACK WITH MY FULLY FUNCTIONAL iPhone.
This is a definitive statement! Lawsuits.....always the answer in this country. Even though you speak the truth...someone in this forum will always butt heads with you.

FW <---- also going back to his fully functional iPhone!
 

pierce the veil

New Member
Bronze
Aug 14, 2007
102
0
0
#17
What about if the new firmware makes my iPhone unable to operate with the Drive + Play? i tried it today and it didn't work so maybe i need to recheck everything is plugged in, but if i find out the new firmware wont work with it, and i CANT downgrade the firmware to use it again, im going to be very angry.
 

Rhinohd

Member
Bronze
Sep 20, 2007
105
2
18
#18
"Form Contracts" can be beat in court and the user agreement is exactly that. Both parties in a contract need to have a say in it's drafting and form contracts don't allow for that.

A class action lawsuit will make some law firm a ton of dough and get us users another gift certificate.
 

T3Logic

New Member
Bronze
Sep 4, 2007
35
0
0
Daytona Beach
#19
Why is it people think i bricked my phone. I didn't update. Mine is fully functional plus has a lot more. I have custom ringtones that I did not have to pay for... ;-)

I guess it's because I am a consumer advocate.

Even my own software that I write and sell and have a eula. If someone modifies it and brick the software, I void the warranty and charge to fix it ;-)