Apple Denied Motion to Dismiss Lawsuit Related to Disabling FaceTime on iOS 6 and Earlier

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United States district judge Lucy Koh has denied Apple's motion to dismiss a lawsuit related to disabling FaceTime on iOS 6 and earlier software versions three years ago, allowing the case to proceed as a class action lawsuit. MacRumors obtained court documents of the opinion filed electronically.


The lawsuit was filed in February by California resident and iPhone 4 owner Christina Grace, who claims Apple intentionally broke FaceTime on iOS 6 and earlier by disabling a digital certificate that caused the service to cease functioning. California resident Ken Patter was later named as a second plaintiff.

FaceTime abruptly stopped functioning for all iOS 6 users in April 2014. At the time, a spokesperson for Apple said devices may have encountered a "bug" resulting from a device certificate that expired on that date, and the company advised affected users to update to iOS 7 to fix the issue.

The lawsuit, however, alleges that Apple intentionally broke FaceTime, prioritizing its financial interests over its customers.

Apple used two connection methods when launching FaceTime in 2010: a peer-to-peer method that created a direct connection between two iPhones, allegedly used between 90 and 95 percent of the time, and a relay method that used data servers from content delivery network company Akamai Technologies.

Apple's peer-to-peer FaceTime technology was found to infringe on VirnetX's patents in 2012, however, so the company began to shift toward the relay method, which used Akamai's servers. Within a year, Apple was paying $50 million in fees to Akamai, according to testimony from the VirnetX trial.

Apple eventually solved the problem by creating new peer-to-peer technology that would debut in iOS 7 in September 2013. But not all users upgraded and, seven months later, the lawsuit alleges that Apple intentionally broke FaceTime on iOS 6 and earlier to stop paying millions of dollars per month to Akamai.

Testimony from Apple's 2016 retrial with VirnetX indicated that, between April 2013 and September 2013 alone, Apple paid approximately $50 million as a result of FaceTime functioning in relay mode only on iOS 6 and earlier.

Updating to iOS 7 could be seen as the simple solution in this situation. But the plaintiffs owned an iPhone 4 and iPhone 4s, and cited internet articles that claim updating to iOS 7 significantly impairs the performance and functionality of those smartphones. Their complaint also cited Bluetooth and Wi-Fi issues.

In its now-denied motion to dismiss, one of Apple's arguments was that the plaintiffs have no right to uninterrupted, continuous, or error-free FaceTime service under the terms of its iOS Software License Agreement. Apple also said the plaintiffs didn't experience the iOS 7 issues mentioned on their own iPhones.

The class action lawsuit would apply to all iPhone 4 or iPhone 4s owners in the United States who, on April 16, 2014, had iOS 6 or an earlier version of the operating system installed on that device. The plaintiffs claim Apple's actions violate California's Unfair Competition Law and are seeking a jury trial.

Article Link: Apple Denied Motion to Dismiss Lawsuit Related to Disabling FaceTime on iOS 6 and Earlier
 

Wowereit

macrumors 6502a
Feb 1, 2016
896
1,363
Germany
So people are suing over something they could've fixed themselves by upgrading, but because they felt like not doing so they want to get money from Apple?


Don't get me wrong, there have been legitimate law suits against Apple, but at this point it has become ridiculous. Apparently everybody wants a piece of the cake now.
 
Jul 4, 2015
4,488
2,548
Paris
Now you just need more action to prevent Apple crippling many drivers in their OS. Can start by implementing true support for:

-All types of Thunderbolt 3 peripheral chipsets
- HEVC decode and encode on GPU
- proper AHCI + NVME support for many server grade SSDs
- proper universal game pad driver
- non crippled UVC webcam driver

Etc
 

Ryanclbryant

macrumors member
Sep 10, 2014
67
30
Montréal, QC, Canada
So people are suing over something they could've fixed themselves by upgrading, but because they felt like not doing so they want to get money from Apple?


Don't get me wrong, there have been legitimate law suits against Apple, but at this point it has become ridiculous. Apparently everybody wants a piece of the cake now.
Not everyone would have been able to upgrade; a limited number of devices were unable to upgrade beyond iOS 6 so those owners would have had to buy a whole new device just to keep using the service. Otherwise, you're right though.
 

jmgregory1

macrumors 68020
This is a ridiculous case. Maybe Apple should offer to change their code back for this one customer, as long as the customer is then willing and able to pay the licensing fees that Apple once paid.

Maybe it's time for me to pull out my first Mac, an old PowerPC beige box with a floppy drive and then file a lawsuit about not being able to store downloads on it the drive because there aren't floppies available any more.

I can't even say that this is similar to what happened when gas companies stopped producing leaded gas (automakers had to change all their vehicles) or music studios stopped making 8 track tapes (people had to buy new tape or record players), because in the case of Apple and FaceTime, they simply developed a new proprietary process and made it available for FREE in the FREE iOS 7 update, so customers didn't have to buy a new device to continue using the feature.

Refusing to upgrade should make the customer take full responsibility for something not working, especially when there is a solution provided by Apple.
 

H3LL5P4WN

macrumors 68030
Jun 19, 2010
2,616
2,897
Pittsburgh PA
I'm intentionally leaving a device behind on iOS 10. I don't expect it to operate flawlessly with services that will debut in iOS 12, 23, 86...
 
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mikecorp

Suspended
Mar 20, 2008
502
341
I would even suggest that my iphone 5 is much slower after latest update. I would also suggest that apple intentionally corrupt gyroscope in camera. Every time I take a photo it does not rotate the photo correctly. I strongly suggest, that Apple releases before any update a firmware and functionality test. For example if latest update would make my iphone 25% slower, I would not upgrade. There is also no way to downgrade. I hope they get fine.
 

FrenchRoasted

macrumors regular
Sep 21, 2016
215
1,196
This is what happens when people think they have positive rights. If Apple has no contractual obligation to a customer to provide a product or service, then said customer has no right to force Apple to provide it.
 

gnipgnop

macrumors 65816
Feb 18, 2009
1,496
1,761
iOS 7 was released on 9/18/2013, and iOS 7.1 on 3/10/2014, which is a six month gap. The 7.1 version is well known to have fixed many of the performance issues for iPhone 4 users. If so, how can they still be suing Apple for FaceTime not working in iOS 6 "seven months" after iOS 7 was released. iOS 7.1 and it's performance fixes for the iPhone 4 had already come out before that, so why wouldn't they have upgraded at that point?
 

justperry

macrumors G4
Aug 10, 2007
10,841
6,489
I'm a rolling stone.
People keep saying "upgrade" but in many ways iOS 7 was in fact a downgrade from iOS6. Even if the performace hit on some devices wasn't a thing (and it absolutely IS a thing) the user interface is a massive downgrade that Apple STILL hasn't fixed.

Was, iOS has gotten better since then, the only thing I really miss are the glossy Icons, darker backgrounds and iOS being to flat.
Everything else got much better.
 

Tubamajuba

macrumors 68020
Jun 8, 2011
2,100
2,120
here
This is a ridiculous case. Maybe Apple should offer to change their code back for this one customer, as long as the customer is then willing and able to pay the licensing fees that Apple once paid.

Maybe it's time for me to pull out my first Mac, an old PowerPC beige box with a floppy drive and then file a lawsuit about not being able to store downloads on it the drive because there aren't floppies available any more.

I can't even say that this is similar to what happened when gas companies stopped producing leaded gas (automakers had to change all their vehicles) or music studios stopped making 8 track tapes (people had to buy new tape or record players), because in the case of Apple and FaceTime, they simply developed a new proprietary process and made it available for FREE in the FREE iOS 7 update, so customers didn't have to buy a new device to continue using the feature.

Refusing to upgrade should make the customer take full responsibility for something not working, especially when there is a solution provided by Apple.
I agree. Doesn't matter how much you want to stay on the old version, Apple has fulfilled their obligation to keeping a feature functional by ensuring that it continues to work with the latest update. If you don't update, don't complain about things being broken.
 

timborama

macrumors 6502a
Oct 12, 2011
584
1,151
This is the most American thing I've seen all this year. Suing a large corporation because your outdated choice of iOS doesn't support an app anymore......How pathetic can it get..
People were happy to keep the old iOS, but Apple decided to kill a feature out from under them. People paid for that feature when they purchased the phone. So rather than actually fix their issue with VirnetX, they killed it. Every update Apple forces upon older models cripples the device further and further. It's been shown time and time again that every update makes your device run slower and slower. I for one am looking forward to my piece of the settlement.
 

cd.downwardspiral.ssidl

macrumors newbie
Jun 24, 2017
8
3
I would even suggest that my iphone 5 is much slower after latest update. I would also suggest that apple intentionally corrupt gyroscope in camera. Every time I take a photo it does not rotate the photo correctly. I strongly suggest, that Apple releases before any update a firmware and functionality test. For example if latest update would make my iphone 25% slower, I would not upgrade. There is also no way to downgrade. I hope they get fine.
It's unlikely that they "intentionally" did that so much as the gyroscope is aging (you might need to recalibrate it in compass or just hard reset). You can also just rotate the picture in the Photos app.
 

cd.downwardspiral.ssidl

macrumors newbie
Jun 24, 2017
8
3
Not everyone would have been able to upgrade; a limited number of devices were unable to upgrade beyond iOS 6 so those owners would have had to buy a whole new device just to keep using the service. Otherwise, you're right though.
The lawsuit was for iPhone 4 and 4s owners, 3GS and iPod 4G owners aren't included (unless you were referring to other issues regarding 4/4s')
 

cd.downwardspiral.ssidl

macrumors newbie
Jun 24, 2017
8
3
People were happy to keep the old iOS, but Apple decided to kill a feature out from under them. People paid for that feature when they purchased the phone. So rather than actually fix their issue with VirnetX, they killed it. Every update Apple forces upon older models cripples the device further and further. It's been shown time and time again that every update makes your device run slower and slower. I for one am looking forward to my piece of the settlement.
1. VirnetX is a patent troll, Apple can't just "fix their issue"
2. Possibly it might just be aging hardware, not Apple intentionally doing it
3. Apple doesn't "force" you to install an update (they do bug you to hell about it however)
4. iOS 7.1/8.2/9.3 fixed the stability issues on older devices for the most part anyway
5. If you stay on older software, you shouldn't expect services to continue working (ex. The YouTube app ceasing to work for people who stayed on iOS 5.1.1 or earlier/iMessage in the Cloud not working on previous versions of macOS and iOS)
[doublepost=1501525933][/doublepost]
I think she may have a case if iOS 6 didn’t support iphone 4.....but it did....
You mean iOS 7?
 
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