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wigby

macrumors 68030
Jun 7, 2007
2,782
2,767
How about if I drop a hot McNugget in myself?! Oh wait, that’s already been done.
I know you're joking but that's a bad example. McDonalds was completely in the wrong on that one and have admitted such. The simplistic headlines of an old lady burning herself with hot McDonalds coffee didn't do any favors for the understanding of basic consumer safety and regulations.
 

MNGR

Contributor
Sep 17, 2019
305
418
Nope, not at all. Kind of an over simplification that borders on meaningless. The point you need to address is what more than is already being done do you propose is done, and is that then required of all trackers? Keep in mind, apple already does more than almost all tracker manufacturers. Maybe ban all trackers?
Obviously they want Apple to totally disable the functionality
 

StuBeck

macrumors 6502a
May 6, 2008
818
1,212
A similar class action lawsuit was filed against Tile a couple of months ago.
It is not. Tile doesn't connect with every iPhone automatically, as stated else where here you need to connect with the Tile app specifically for it to auto-track. It is not an apples to apples comparison.
 
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wigby

macrumors 68030
Jun 7, 2007
2,782
2,767
Are they suing Colt or the person that fired the Colt after a shooting?

Sue the stalker, not the manufacturer of the tracker.
But I guess there's more money to get from Apple than the criminal that's doing the stalking
How easy was it to get a Colt? Did they purchase it at a gun show? Ddi they go through a proper background check. Gun manufacturers might not be directly implicated in violent incidents but they do funnel millions into Congress in an effort to skirt these laws. These laws can be challenged through lawsuits.

Getting back to the topic...Apple has already taken some proactive steps and even teamed up with Google. That demonstrates that Apple sees the problem and wants to help remedy it. This also demonstrates that they can do more.
 

CarAnalogy

macrumors 601
Jun 9, 2021
4,403
8,053
Car makers are liable all the time. That's why they have so many recalls and safety regulations. Apple has no control over their users but they have complete control over their software. They are actively looking into doing more to solve this problem because they know they can.

Well sure, and IANAL, but it seems to me in this case they are holding the manufacturer liable for flagrant abuse by the user of their product. If a car maker releases a car that they know is unsafe, they should be liable. If they really have done all they can think to do, and all that is legally required of them, and someone purposely uses a car to murder or stalk someone, that’s not their fault. Exactly the same in this situation. They are being abused against their primary function, to be used for a secondary function they are also quite good at (transporation, murder; tracking, stalking) despite the manufacturer’s attempts to stop this.

Just blood sucking lawyers. I do feel bad for people who are being stalked and I want it stopped, but I don’t think getting money out of Apple is going to help.
 

MNGR

Contributor
Sep 17, 2019
305
418
I know you're joking but that's a bad example. McDonalds was completely in the wrong on that one and have admitted such. The simplistic headlines of an old lady burning herself with hot McDonalds coffee didn't do any favors for the understanding of basic consumer safety and regulations.
If you are referring to the decade okd suit where the lady put the coffee cup between her legs, I guess McD should have made the cup bigger?
 

timborama

macrumors 6502a
Oct 12, 2011
715
1,504
I know you're joking but that's a bad example. McDonalds was completely in the wrong on that one and have admitted such. The simplistic headlines of an old lady burning herself with hot McDonalds coffee didn't do any favors for the understanding of basic consumer safety and regulations.

If you are referring to the decade okd suit where the lady put the coffee cup between her legs, I guess McD should have made the cup bigger?
Where have you people been?! I guess you only look at Apple related news articles.

 

Basic75

macrumors 68000
May 17, 2011
1,996
2,342
Europe
Are they suing Colt or the person that fired the Colt after a shooting?
That's a fun comparison. I don't care, in civilised countries people don't run around with firearms all the time. What's your solution for the AirTag problem in America, arm the stalking victims?
 
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timborama

macrumors 6502a
Oct 12, 2011
715
1,504
Obviously they want Apple to totally disable the functionality
I agree, and I hope that’s the end result. I’m happy that a few people lose their keys or luggage in return for my privacy.
 

webkit

macrumors 68030
Jan 14, 2021
2,949
2,558
United States
It is not. Tile doesn't connect with every iPhone automatically, as stated else where here you need to connect with the Tile app specifically for it to auto-track. It is not an apples to apples comparison.

It is indeed similar in that they are both class action lawsuits involving stalking cases related to the products.
 

blueflame

macrumors 6502a
Apr 3, 2003
852
147
Studio City
Let me preface this by saying that what some people are using AirTags for is disgusting and these people should feel the consequences of their ****** behavior.

How this behavior is Apple's fault or why Apple should be liable is not really apparent to me, though.
The fact that a device can be used for criminal purposes doesn't make the manufacturer/designer of the device the criminal (unless the purpose of the device is to commit crimes).

EDIT: I see this same point has been brought up many times in the thread. I am adding nothing new and will delete.
 

sw1tcher

macrumors 603
Jan 6, 2004
5,577
19,694
🤔 One solution to this stalking problem could be to make the AirTags more expensive. Price them to the point where people might think twice about using them as a throw-away device as I doubt stalkers go back to retrieve their AirTag afterwards.

This would be similar to what Chris Rock said about bullets

 

wigby

macrumors 68030
Jun 7, 2007
2,782
2,767
If you are referring to the decade okd suit where the lady put the coffee cup between her legs, I guess McD should have made the cup bigger?
The lawsuit wasn't about the cup or the lady's clumsiness. It was about the temperature of the coffee and McDonald's coffee makers' malfunctioning.
 

icanhazmac

Contributor
Apr 11, 2018
2,623
9,982
I know you're joking but that's a bad example. McDonalds was completely in the wrong on that one and have admitted such. The simplistic headlines of an old lady burning herself with hot McDonalds coffee didn't do any favors for the understanding of basic consumer safety and regulations.

I have tried to find any information on your claim and so far cannot find any indication that McDonalds admitted guilt in the McNugget suit, would you be so kind as to link it?

I have found where they admit the McNugget in question caused the burn but that does not equate admitting guilt. Perhaps the parents should have supervised their 4 year old child eating hot, deep fried foods? They probably would have complained if they were cold.
 
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Powerbooky

macrumors demi-god
Mar 15, 2008
604
502
Europe
if the technology was good enough it would mitigate this issue by design
Picture this scenario:
You commute by train/subway from/to suburbs to the city to your work. Several coworkers live nearby and take that same train at the same time. If this happens every day your coworkers could easily misinterpreted as stalkers if he/she carries tags too.

Every now and then we see a notification on my fathers iPad that some "unknown" tag is travelling with the iPad. This tag is always one of ours (keychains). And that's only because his iCloud account is registered to a different home address.

To determine if someone is a stalker or not, just by technology you carry around is almost impossible. It basically would involve tracking that persons behaviour big time like the Chinese government likes to do.

Besides that, if someone (or some entity) really wants to track you, they have much better stuff available. Enough "spy shops" around to buy that equipment.
 

sw1tcher

macrumors 603
Jan 6, 2004
5,577
19,694
I have tried to find any information on your claim and so far cannot find any indication that McDonalds admitted guilt in the McNugget suit, would you be so kind as to link it?

I have found where they admit the McNugget in question caused the burn but that does not equate admitting guilt. Perhaps the parents should have supervised their 4 year old child eating hot, deep fried foods? They probably would have complained if they were cold.
McDonald's never admitted guilt. McDonald's only agreed that the nugget was to blame for causing the burn. They disagreed with the verdict.


Thursday’s decision was split, with jurors finding the franchise holder liable for negligence and failure to warn customers about the risk of hot food, and McDonald’s USA liable for failing to provide instructions for safe handling of the food. McDonald’s USA was not found to be negligent, and the jury dismissed the argument that the product was defective.

“This was an unfortunate incident, but we respectfully disagree with the verdict,” McDonald’s USA said in a statement. “Our customers should continue to rely on McDonald’s to follow policies and procedures for serving Chicken McNuggets safely.”

[ . . . ]

While both sides agreed the nugget caused the burns, the family’s lawyers argued the temperature was above 200 degrees, while the defense said it was no more than 160 degrees.
 

icanhazmac

Contributor
Apr 11, 2018
2,623
9,982
The lawsuit wasn't about the cup or the lady's clumsiness.

It should have been about clumsiness and stupidity. Only an idiot handles HOT liquids in this way...

“I wanted to take the top off the coffee to put cream and sugar in,” Liebeck told a local news station at the time. “So I put the cup between my knees to steady it [as I tried] to get the top off.”

Um, cup holder FTW!

I've spilled hot coffee on myself too, in every case I was the idiot.

It was about the temperature of the coffee and McDonald's coffee makers' malfunctioning.

About the temperature yes, please provide citation for the coffee makers malfunctioning. I cannot find any reference from this suit to a malfunction versus directives from McDonalds as to what the coffee temperature should be.


"At the time, McDonald’s required its franchises to brew its coffee at 195 to 205 degrees and sell it at 180 to 190 degrees,"
 
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icanhazmac

Contributor
Apr 11, 2018
2,623
9,982
McDonald's never admitted guilt. McDonald's only agreed that the nugget was to blame for causing the burn. They disagreed with the verdict.


Thursday’s decision was split, with jurors finding the franchise holder liable for negligence and failure to warn customers about the risk of hot food, and McDonald’s USA liable for failing to provide instructions for safe handling of the food. McDonald’s USA was not found to be negligent, and the jury dismissed the argument that the product was defective.

“This was an unfortunate incident, but we respectfully disagree with the verdict,” McDonald’s USA said in a statement. “Our customers should continue to rely on McDonald’s to follow policies and procedures for serving Chicken McNuggets safely.”

[ . . . ]

While both sides agreed the nugget caused the burns, the family’s lawyers argued the temperature was above 200 degrees, while the defense said it was no more than 160 degrees.

Yup, I know.

I am asking @wigby to clear up, or provide citation for, some questionable claims.
 
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spazzcat

macrumors 68040
Jun 29, 2007
3,840
5,196
I agree, and I hope that’s the end result. I’m happy that a few people lose their keys or luggage in return for my privacy.
Stalking happened before AirTags, and it would still occur without them on the market...
 

AbSoluTc

Suspended
Sep 21, 2008
5,104
4,002
High pitched sounds are hard to locate, especially if they only occur like once a day. One beep, then it's gone, for another 24 hours. You'd have no clue where it came from.
Though the solution would be to use the app to make it beep constantly until you find it, or even use one of the newer iPhones that can point at it with an arrow or something. But the situation still sucks because the victim is the one who has to solve the problem.
I'm partially deaf and can hear my AirTags do their beepy things lol - but I am just one person so there's that.

I don't agree with the lawsuit anways. Apple = popular = easy target for money. Like others have said, trackers have been around for ages, Tile for instance. Where's the complaints there?
 

elfxmilhouse

macrumors 6502a
Oct 15, 2008
606
144
Northeast USA
The issue is the auto-sharing that the Airtag does. I don't believe Tile automatically connects to other devices so you can track something without being near it.

I'm not saying I agree with a lawsuit, but we've seen Apple scramble to make updates to increase security with this since it was released.
the auto sharing and using other people's phones was the whole point behind tile. they did it first. tile didn't even have a way to detect tiles that weren't yours. apple built it with that feature from the start so tile should have been the one to get this heat.
 
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G.McGilli

macrumors 6502a
Oct 19, 2015
614
508
What about people who are killed with guns by others - without their consent?

If the gun mfg's are not held responsible for bad things done with their products - why should Apple be if someone uses their product to cause a person harm?

This really goes for almost anything...

I'm sure if the new TikTok challenge is taking laser printers and smashing people over the head with them - someone will sue HP/Canon etc and say they didn't integrate safety features to prevent them from bien dropped on people's heads.

There's always someone...
 
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