Apple Sued Over Automatic iOS 7 Downloads to iOS 6-Powered Devices

[ritmomundo]

These ios 6 lovers are really insane

A lot of people will stay on ios 6 until ios 7 is jailbroken. I'm not saying it's the case with the guy in this article, but it's his choice. And besides, Apple should not force an undeletable 3GB download on you without your consent.

I say good for him. We will all appreciate his effort if it gets Apple to fix the issue.

 

[Aquino.ardee]

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After iOS 7 was released, some iOS 6 users discovered that as much as 3GB of storage was being used up by an automated over-the-air download of iOS 7.

For many users, this was handy because they didn't need to wait for a large download to complete before updating -- but for those who wish to remain with iOS 6, they have found multiple gigabytes of storage used up by a software update that they will never use, with no way to free up that space.

One user, Mark Menacher of Poway, California, has filed suit in small-claims court against Apple CEO Tim Cook, alleging in a statement that "Apple's disregard for customer preferences in relation to iOS 7 is corporate thuggery".
According to CNET, Menacher asks for a way to delete the iOS 7 installer from his iOS 6 device, plus an additional $50. He has filed a similar complaint with the Better Business Bureau.

Article Link: Apple Sued Over Automatic iOS 7 Downloads to iOS 6-Powered Devices

As far as I remember with any OTA updates. Don't the phone ask you if you wanna download or install it? And on top of all things, the size is over 700MB and it only let's you download through wifi. So somewhere in there that person pressed the download and install button and now that persons mad because it automatically downloaded it and the phone needs at least 3.1gb to install the update.

 

[trevtech]

I totally sympathize with Menacher. I hadn't even thought about the auto download, and it taking up space. I'm using a 64gb 4S. So, I'm not too worried about space since I'm at 45gb, or so. If I had an 8, 16, or 32gb I'd be hella pissed, too! I agree, the auto update BS is f-ed up (for the OS that is). There are many reasons why one would not want to update automatically right away. Especially when going to such a huge change as 7. iOS 6.1.2 or higher has had all the bugs worked out. It works just fine. 7, on the other hand, is not nearly has ironed out. Plus it looks so damn romper room.

This is also coming from a user that's jailbroken. So, my 4S in it's current state is far more polished, and has way more enhancements than going to 7 would give me. TBH, I won't install 7 until it is JB. I've written Apple about this very thing. In fact, if a JB doesn't come soon enough, I'll switch to Android so I can control if my UI looks like kids finger painting, or not.

Put simply, we shouldn't have to be punk-ed into using their new OS, and we definitely shouldn't have to use up space on our payed-for hardware to hold IPSW's we don't care to use.

 

[figgnuttan]

iOS 7 is not comfortable!

With that introduction, I must agree with Mr. Menacher.

My grievance is iOS7 is too stark, trash now at the bottom, browser identifier (the nice deep blue that used to be at the top), is now this tinny, thin blue line on the right....and sometimes on the left. Poo! < this little mark! only a bit bigger and in blue! I can hardly touch correctly on my Mini...let alone see most of anything. Yah, I'm old....been using Mac for more than 35 years....lo...haha..

A book mark will zoom up and become a page. Real nice, but then sort of swipes itself to the left, ruining the effect, cutting it short. wtf is that? Not SJ caliber by any means.
Photos are a mess. MOMENTS? SHARE? Wtf is that all about?

No, Apple has flubbed this update. Maybe some corrections in future updates?

But, in the meantime, I have gone on eBay and bought a new Mini with iOS6
For $385.00. ...16Gb ..wifi, cellular AT&T .....oh well.
I like iOS6. MORE END USER FRIENDLY.
And that, as they say, is what Apple was supposed to be all about.

My previous updated Mini now sits in its box on a shelf. Don't know what to do with it yet.
So, that's my say on the subject.

 

[johncrab]

Go thee into all the lands and get thee a life.

 

[Swytch]

All you're doing is reinforcing my point. Just because you don't mind a couple of GB taken up for an automatic update doesn't mean everyone should OK with it. Also, Vista did break a lot of things for a lot of people (including me) back in 2007. It was widely panned as an OS with serious flaws. I'm not talking about subsequent service packs.

not really, you inferred that everyone would be saying something different if we were talking about WinXP to Vista upgrades, but your comparison is invalid because Vista is not free, and even if it was, I am in contrast to your pint, because (me being a person) would still prefer Vista over XP.

Also, I never said that people cant have a problem with the forced download (nor did anyone else in this thread), just that there is nothing Legal to discuss about this, Apple has done nothing Legally wrong. This guy is however in the wrong by wasting court time and therefor taxpayers money.

Think about it, how does this Suit improve things? If he wins, taxpayer money is spent on Court proceedings, Apple MAYBE changes the setting to not auto download (which could upset users who do want auto-downloads), but more likely adds to their terms of use preventing future suits over this, the guy gets $50 from Apple, which Apple then passes down to consumers by charging more for services or hardware in the future.

What would be a better path? Give constructive feedback to Apple suggesting an improvement for future iOS updates, and if they dont respond fast enough or in a way you like, show your dissatisfaction by moving to Andriod (but obviously this is not a big enough reason to drop iOS altogether - further invalidating the suit).

 

[Chaks]

Well, I was really disappointed by this because I have an 8gb iPhone 4 (don't hate, I'll upgrade when I can) which I can barely keep my apps in. This iOS 7 pre-loaded update has really affected my device since I have virtually no space left.

I wish they allowed us to delete the preloaded update if we don't want to use it...

 

[globalist]

Exactly this. People insisting on sticking with iOS 6 really get under my skin. There's no need for it, regardless of what bonkers statistics and things you can come up with for why it's better than iOS 7. Update and live in the current.

I for one am not sticking with iOS 6. Still happily on iOS 5!

But now at least I know what's the 3GB of "Other" data on my 16GB phone showing in iTunes. Gotta look for ways to get rid of it, now that I'm positive what it actually is.

 

[Jynto]

Wow, some of these comments saying he should shut up and upgrade to iOS 7 are so sheepish, and this is coming from someone that likes iOS 7.

Would you be saying the same thing if Microsoft constantly nagged XP users to upgrade to Vista with popup bubbles and automatic downloads?

There's a whole host of reasons why people might not want to upgrade to iOS 7. Just because it suits your preferences doesn't mean it should be forced down everyone else's throat. People are entitled to not have the device they bought dramatically altered.

Whether it's a more modern OS is not even relevant. Again this is coming from someone that likes and installed iOS 7.

What a sad little community this place is sometimes.

THIS! I can't believe it took so long for someone else to say it. The iOS 7 zealots on this forum have been driving me mad. I can see why a company might care if I wasn't using the latest OS, but companies are not people! What gives any individual person the prerogative to tell someone they don't know to install an irreversible software upgrade?

 

[citi]

No, you leave. You are destroying the platform. The worst enemies of Apple are the friends who cannot bring themselves to tell Apple that they have a problem.

Lol...this isn't Occupy Apple, and they are not the goverment, nor a democracy. You "vote" by not buying. Besides that, you have no say in what they choose to do, but the one thing You don't do is support them by buying their products and then complain about them until they are who you hoped they'd be. OS7 has been known about for about 6 months. Plenty of time for you to buy a Samsung.

This is a company that makes shiny retail devices for consumers to play with. Nobody needs a $700 phone. It's called perspective. Go get a massage or something.

 

[load97]

99% of US Home internet plans do not have data caps. If they do, the cap is usually 100GB+. I seriously doubt he's suing for this reason. He's suing because he doesn't like colors.

Ahh, no. 99% of homes do (if I was to make a statement at all).

Ios 7 color scheme sucks as far as my whole family is concerned. The new features we I mostly like though. My wife won't put ios 7 on her phone. Thinks it's to girly, or that the 80's want their colors back lol. I'm stuck on it now, but can live with it.

 

[skorpien]

It's just as usable as iOS6. I suggest you restore you iPhone because clearly something isn't working correctly.

I'll attempt a restore, though mine isn't the only one I've heard about. Others in my family are experiencing similar results.

iOS 7 on the iPhone 4 is NOTHING like iOS 4 on the iPhone 3G. My iPhone 4 is on iOS7, and still runs fine. Sure it is a slower than when it had iOS 4, but no change in speed from iOS 6.

As I've stated above, I'm not the only one who's experienced the slowdown on my iPhone 4. iOS 6 was responsive, but iOS 7 has been nothing but annoying. Double clicking the home button is a gamble at best (usually have to try 3 or 4 times to bring up the recent apps) and apps loading in general have more than doubled in time.

I'll try a restore to see if that improves things but I'm not overly optimistic.

Not that it really matters much other than I was planning on giving my iPhone 4 to a family member to replace their old phone. I've upgraded to the 5S.

 

[load97]

Fine. Ask apple for away to remove the download. But why ask for $50?

So he can beat your face In with it lol. Why don't you call him up and ask, we are not mind readers. I think its pretty reasonable asking that amount. Takes time and energy to get heard. Nobody should be allowed to make you do something against your will, or property.

 

[MacMulti]

All one need to do is pen nicely asking for the feature, if noise and support is enough, Apple would likely provide the option there. In this case, need to resort to suing.. like nothing better to do?

 

[D.T.]

99% of US Home internet plans do not have data caps. If they do, the cap is usually 100GB+.

Ahh, no. 99% of homes do (if I was to make a statement at all).

I realize it's sort of OT, but _most_ home plans in the US from the major providers do have a data cap (AT&T, Comcast, etc.). It is usually in the 100+ GB range like Col Ronson indicated (several A&T plans are 150GB).

Figured it was a good FYI for folks who might not realize it, even though I suspect most subscribers won't get close (I'm on a biz plan at home to avoid any hassles )

 

[MR-LIZARD]

Arrrrgh! This keeps getting regurgitated. The download does not take up 3GB of space. It takes up less than a third of that at about 750MB.

Read the screen capture. At the top it shows 752MB. If you then read the bottom it says "This update cannot be installed because it requires 3.1GB..." It is only the installation process that takes 3GB.

Anecdotally when iOS 7 was released I had approximately 1GB if space free. I downloaded the update but could not install it because I didn't have the 3GB space required. I therefore deleted all 4GB of music on my device and installed iOS 7. After installation the space was still available so I put back exactly the same music.

At a guess the 3GB is used for temporary files during the install. The 750MB download is provably compressed so to uncompress it will require say 1.5GB assuming a generous 50% compression. The other 1.5GB could be used to make safe backups of files, create temp files etc.

Yes, you will lose space. No it is not 3GB. The "other" space that people are mentioning may well include the installer. However, I believe it encompasses messages (think picture messages specifically) and so can grow quite large.

 

[HipHopTrex]

Good, I'd love to get that space back.

 

[inhalexhale1]

Seriously - what has this world come to

+ 100

This lawsuit is so incredibly stupid. And the intensity of his words over an iOS update is so over the top ridiculous.

 

[caesarp]

It wouldn't be wasting space, it would be impacting the use of the device as advertised. If you buy an 8GB device you don't expect to lose more than half of that to the OS and files that cannot be deleted UNLESS the specs specifically say what the usable space is and if the specs do say "XGB usable" for a given device then it would be false advertising if Apple forced a user to download a 3GB file that they didn't want, which reduced the advertised usable space.



3GB of lost space is a valid claim, if his phone loses that usable space due to Apple's action then his phone is basically like a lower-spec'd phone, which is cheaper. If space were free then the 8GB phone would be the same price as the 64GB phone. If his phone is effectively going to have the same capacity as a cheaper phone then he is within his rights to be compensated for the difference, especially when there was no warning or notice given that the user would lose that space unless they upgraded and they had no choice about whether or not to download it.



Yes, because it's completely reasonable to force someone to do an upgrade that they don't need or want and if they don't want to upgrade then it's completely reasonable to have the unnecessary and unwanted data taking up valuable space on their device. It's borderline ransomware. "Upgrade or else I'll hold this space hostage!" Completely reasonable...



Apples and oranges. Try again.



I agree that he should've sued Apple instead, or if he wanted to get Tim Cook's attention then listed both as defendants.

I also see a lot of people make poor assumptions in this thread.

- This is small claims court, attorneys are generally NOT allowed. You come and you present your case yourself.
- iOS7 has a number of problems, my wife, who has loved her 4S since he got it, is now getting frustrated with the constant problems with iOS7. Her email accounts just disappear and opening Mail prompts her to set up an account. If she reboots then her accounts come back. She's had problems with iTunes purchases and downloads, she's had problems with text messages not sending, she's even had her volume buttons stop working until rebooted. This is one of the worst iOS releases that I can think of.

Anyone here that says "Just upgrade and get over it" needs to stop assuming that they know what's best for other people, you don't know their situation or needs. A lot of clueless people in this thread...

Unless you can point to a breach of some specific contractual term in the Eula there is no cause if action. The suit is nonsense.

 

[D.T.]

The suit is nonsense.

 

[duffman9000]

So he can beat your face In with it lol. Why don't you call him up and ask, we are not mind readers. I think its pretty reasonable asking that amount. Takes time and energy to get heard. Nobody should be allowed to make you do something against your will, or property.

A day of my time is worth much more than $50. Will that cover your happy meal shift?

 

[Parasprite]

multiple gigabytes

752MB

Seems legit.

 

[Tech198]

Sued? Lol

How can you sue over a company that owns its own OS ?? Apple does what ut want's. ... I would have thiugh just simple feedback would have been the norm, not this.

By the way, how can you be assured that Apple won't do automatic diwnloading again but on updates?

You know what tbey say, "What's done, can you trust them" unless people keep an eye on their storage, this coukd easiky happen agin, and again.

Maybe Apple's doing all of us a favour by those on slow connections.

 

[Taipan]

I almost pity those people. They must have such miserable lives.

 

[clibinarius]

Exactly this. People insisting on sticking with iOS 6 really get under my skin. There's no need for it, regardless of what bonkers statistics and things you can come up with for why it's better than iOS 7. Update and live in the current.

I stuck with it cause jailbreak. But that can't apply here, since jailbreaking prevents automatic downloads...