Apple Files Lawsuit Against Teenager Who Sold White iPhone 4 Conversion Kits, Settlement Reached?

[RalfTheDog]

WHILE I believe apple has a right here, who would want someone selling something with your trademark, I do think they should leave the kid alone.

He sold conversion kits to something Apple would not release. And you had to have an iPhone to do it, so Apple sold a iPhone, and the kid made a bit of cash for his smarts on knowing the demand of a market. No harm no foul. Now that Apple sells the white version again, i am sure his demand will go down.

Let the kid win.

They were not conversion kits, they were original parts owned by Apple and stolen by this kid. They were probably intended to be destroyed because they were defective and having them on the market would damage Apple's reputation.

This is no different than if broken iPhones were taken off the assembly line, shipped to this kid, then sold by him.

Theft is theft.

 

[PeterQVenkman]

poor you, a crime is a crime

If only the whole world was as black and white as this.

 

[Full of Win]

Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 4_2_1 like Mac OS X; en-us) AppleWebKit/533.17.9 (KHTML, like Gecko) Version/5.0.2 Mobile/8C148 Safari/6533.18.5)

Pretty low going after a teenager in the court system. It was Apple incompetence that made the market he was addressing in the first place.

 

[napoleon3]

Actually maybe the kid is the next Steve Jobs. He took the first step and was a genius.

Apple is wrong for doing this, I hope they do get put in their place. back in the 90s Jobs did an interview about how nasty he thinks Microsoft and Dell are for throwing their weight around and talking all this. old hippie "im an artist nonsense" and what dose apple do when they saved themselves from getting bought out by IBM. fast forward a decade and now they are so large and behaving worst than microsoft. and like most bullies apple is picking on the weak (why dont they focus on fighting their real competition), when steve Jobs was 'coming up' he certainly didn't play by the book, an old saying is "you dont get that big without getting some dirt on you"

Jobs is on the way out his health is going on him and his years are getting up there, the sheep will scatter and the fanboys will realize how stupid they were for drink the Apple koolade .

In tech unconventional things are the future look at what youtube has done..

 

[*LTD*]

If Apple doesn't do this it's a signal that teenagers can be used to do the work of either a) adult criminals dealing in stolen goods b) criminal organizations dealing in stolen goods, or c) any segment of the competition that deals in stolen goods in order to undercut and dilute Apple's brand.

And the kid's a thief in the first place. He isn't innocent.

 

[Ankit1088]

Tax?

I wonder if they included the $130,000.00 in his yearly income tax filing?


#2
And whats going to happen to that dusche bag over there in China, I bet he was the mastermind of this plan...

 

[d0minick]

They were not conversion kits, they were original parts owned by Apple and stolen by this kid. They were probably intended to be destroyed because they were defective and having them on the market would damage Apple's reputation.

This is no different than if broken iPhones were taken off the assembly line, shipped to this kid, then sold by him.

Theft is theft.

I understand what you are saying.

But it is not theft, he bought it from the manufacturer. This is the same thing businesses that fix iPhones do, but the items were straight from foxconn.

Calling them conversions kits is just marketing, we know it is a front and a back.

So i do not believe it is stealing, but I believe Apple has a case of the kid selling trademarked items.

EDITED to fix glaringly bad spelling. LOL

 

[macinnv]

This is really really stupid. And I mean REALLY stupid. I don't think I'm going to buy the next iPhone, even if it is on tmobile.

In a couple years, people will catch on to what apple is doing and will realize.

Dont worry, T-Mobile will be sold and Sprint will be bankrupt before Apple allows them to have the iPhone. Apple wouldnt dare bring their precious iPhone to those carriers. Its beneath them. I cant wait for everyone to whine about how their bill has gone up 10-15% because of a lack of competition.

 

[chrono1081]

At first I thought Apple was the bad guy until I read this line:

"Lam claimed that he had developed a secondhand relationship with someone at Apple's manufacturing partner Foxconn who had been supplying him with parts."

Now I have no pity for the kid. He's definitely old enough to know right from wrong.

He's only a teenager, Apple are just throwing their weight around.

Um. No. If this was a murder instead of buying stolen parts and reselling them would you still feel the same? Wrong is wrong.

 

[mrial]

So am I wrong here? Was the White iPhone produces or just hung out like a carrot in front of us for 8 months? Bottom line is this... the white iPhone didn't exist until this kid produce the conversion for it.

And oh the scandal of Apple releasing a iphone with known light bleeding issues! Sorry, the kid did nothing except release stolen parts that didn't meet Apples quality requirements.

 

[Just "Vinnie"]

Listen to some of you people chastising Apple for picking on the poor little innocent kiddie. Your moral standards are hilarious and reflect (IMO) the problem with most societies today.

Sadly, as a minor his punishment was probably limited to picking up roadside trash or washing Steve's car for the next 6 months. But I hope his parents get the book thrown at them.

 

[gmcalpin]

If you read the article, he has to forfit ALL profits as well as pay a penalty

That's what the suit was seeking. They also dismissed it, because they settled. I would assume he still had to forfeit all profits, but that's not necessarily what Apple settled for.

"With the request for dismissal, however, it is unclear what Apple may have obtained from the Lams in a potential settlement."

My guess is, the kid ratted out his suppliers, and Apple let him off "easy."

 

[Small White Car]

If Apple hadn't ticked so many people off dinking around with the white iPhone for what, 8 months??? ...this kind of thing wouldn't happen. But yeah, sue a kid for picking up your slack, Apple. ***** lawyers...

Picking up slack?

You do understand why they didn't ship the white iPhone, right? It's because it was defective. THAT'S WHAT THIS KID WAS SELLING: Defective parts.

So not only was he stealing from Apple he was also ripping off his customers. All that money he made came from people who were then shipped defective parts. He ripped them off!

Tell me again why people are defending him? I really don't get it. Which part of what he did appeals to you?

 

[thibaulthalpern]

I'm sorry, but this is really dumb. And I mean really, really dumb.

If you explain why this is really dumb, it would be helpful. I don't see why it's dumb, but perhaps you have a point, but until you actually present it I wouldn't know.

 

[marmiteturkey]

Bravo, Apple! Way to go out of your way to crush the competition!


Sadly, if Microsoft would have done this (think Mike Rowe Soft incident) people would be rioting but Apple crushing a teenage is ok...

So if this teenager was fencing a stereo that someone had stolen from your living room, you'd let him off because he's a teenager? Don't be a dick.

Let me tell you - if I ever find the guy that stole my motorcycle last year (unlikely), I don't care HOW old he is. He's in serious trouble, legal or otherwise. I don't see why this guy was doing anything other than fencing stolen goods, and I'd be amazed if Apple didn't go after him. He's lucky they look ready to settle.

 

[tCruzin4lyfe]

Picking up slack?

You do understand why they didn't ship the white iPhone, right? It's because it was defective. THAT'S WHAT THIS KID WAS SELLING: Defective parts.

So not only was he stealing from Apple he was also ripping off his customers. All that money he made came from people who were then shipped defective parts. He ripped them off!

Tell me again why people are defending him? I really don't get it. Which part of what he did appeals to you?

EXACTLY! Trust me, I have been wondering this for the last 5 minutes, these people are just acting retarded. I don't get it either haha.

 

[RalfTheDog]

So am I wrong here? Was the White iPhone produces or just hung out like a carrot in front of us for 8 months? Bottom line is this... the white iPhone didn't exist until this kid produce the conversion for it.

He did not create a conversion kit. He was selling Apple property that Apple had not put on the market because it was defective. He created nothing, he just sold property that Apple paid for then decided to scrap because it was broken.

Good. Now lets hope they go after every iPhone accessory maker.

Lets hope they go after every company that is selling stolen Apple property.

so apple is suing all the other white iphone 4 kit resellers? or just this teenager?

and **** lawyers.

Just the ones that are stealing Apple parts off the assembly line, then reselling them.

WHILE I believe apple has a right here, who would want someone selling something with your trademark, I do think they should leave the kid alone.

He sold conversion kits to something Apple would not release. And you had to have an iPhone to do it, so Apple sold a iPhone, and the kid made a bit of cash for his smarts on knowing the demand of a market. No harm no foul. Now that Apple sells the white version again, i am sure his demand will go down.

Let the kid win.

These were parts that Apple owned. This is no different than if someone stole your car from your garage, then sold it to someone else.

I understand what you are saying.

But it is not theft, he bought it from the manufacturer. This is the same thing businesses that fix iPhones do, but the items were straight from foxconn.

Calling them conversions kits is just marketing, we know it is a front and a back.

So i do not believe it is stealing, but I believe Apple has a case of the kid selling trademarked items.

EDITED to fix glaringly bad spelling. LOL

They were parts owned by Apple. Apple paid for the parts, the parts were defective, so the parts were given to the kid to sell by people who worked at Foxconn. My guess is, the guy who was ordered to take them in for recycling just took them home.

 

[thibaulthalpern]

He's only a teenager, Apple are just throwing their weight around.

Just because he's a teenager doesn't make it right. So if Philip Lam were an adult, then Apple can pursue?

I would think that the only difference Apple could make considering that Lam is a teenager, is to lessen the severity of the pursuit. For example, it could just pursue the $130,000 that Lam made and have an injunction to prevent Lam from making further conversion kits. If Lam were an adult, then the punishment sought would be higher.

 

[Yamcha]

This is stupid, Apple is stupid , I'm sorry but Apple is a huge company, and its not like they are not making good money, suing a teenager & parents is not the way to go =/, I could only imagine how hard it'll be on the parents and the teenager, I don't know how much Apple is suing for, but they won't be able to pay, they'll likely be out on the street?

Honestly who sues a teenager? this person is not an adult yet, not to mention the money they made the family likely already spent..

 

[LazyMacGuy]

Cheffy Dave has the right idea. Yes he was only a teenager but he knew what he was doing. If he had made $130,000 selling crack I'm sure you wouldn't be saying 'he's only a teenager'.

 

[jonnysods]

This kid gets what he deserves. For all you guys coming down on Apple, he was STEALING from them. They did go easy on this kid.

How could he find a contact in China to do this?

 

[mygoldens]

Apple, you suck!

Picking on a KID!

Who did something that YOU COULD NOT DO!

I now hate Apple!

 

[BJMRamage]

So, at first I though really, shutting down a teenager's site /suing him for selling these white iPhone plates. woah!! He made $100k+ !!

Wait, he used parts that were actually "Apple's" and sold those with the full Apple Trademark on them?

Well, that is stupid, and illegal. Case close he is a fool and should rightly be punished.

If they were white blanks, no harm/no foul.
The issue then becomes someone sees it has the Apple logo and says I thought Apple hadn't released the white iphone yet, the person's says they are shells, confuses the other one and Apple looks like the bad guy for not releasing the white iphone when somebody they know has one.
Guessing they could even be White iPhone parts that were "trashed" for letting light leak through and not passing Apple's QA.

Apple doesn't go after case manufacturers that sell their cases without the Apple Logo on them.

 

[Wickedgardengtp]

Teenager or not, that kid should have known better. The parents should have known better.

 

[paul4339]

So if a teenager goes and kills someone you'd say the same thing?

The punishment may be a little harsh and a large sum of money but he should have thought of that before doing what he did.

I don't consider the request of "a permanent injunction barring the Lams from any further sales, forfeiture of all profits from the sales ..." a little harsh (if that's what you are referring to).

Kids that get caught for selling stolen junk from the back of their cars get worse. He's lucky that he's not going to jail and getting a criminal record. (and what's with his parents?)


P.