Restore, get the 3GB of space back, and then commit to NEVER being on WiFi so it doesn't redownload? How is that remotely a solution to the problem.
I get my 3GB of space back, but I can then never use WiFi? Seriously?
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Apple Sued Over Automatic iOS 7 Downloads to iOS 6-Powered Devices
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Restore, get the 3GB of space back, and then commit to NEVER being on WiFi so it doesn't redownload? How is that remotely a solution to the problem.
I get my 3GB of space back, but I can then never use WiFi? Seriously?
Key words: "should not"
this is what everyone in here defending the lawsuit needs to realize, the arguments are based on what Apple should or should not do, there is no legal precedence here. Just because you do not think the should force you to upgrade, does not mean they have to allow you to not upgrade (which they are allowing anyways - nothing is being forced in this situation except a 725MB dl that can be deleted).
I think people Should be nicer to people, doesnt mean they have to. I think Apple Should sell iPhones for much less, doesnt mean they have to. doesnt make it a law.
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I'm not sure what you people are doing with your devices. It runs fine on my iPad 2 and it ran fine after the first few betas on my 4s. It runs great on my 5s too (although there are quite a few app crashes at the moment, seems to have something to do with apps using background downloading).
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Installing new software on old hardware will more often than not make the new hardware seem slow, or sluggish, and may require a storage upgrade.
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If something so trivial as peoples' insistence on sticking with a certain phone software really 'gets under your skin', then I can't imagine how you would feel about more serious matters. And no need for iOS6? Just because you upgraded to iOS7 doesn't mean everyone else should have to. Who are you to say what software people should use?
You should probably wait for me to respond to your question before saying "Seriously," because that just sounds like you already heard the answer you think I'm gonna say before I actually said it.
Here's some answers for you:
http://tidbits.com/article/14184
"the problem is related to using iTunes to back up and sync, at least on some devices, and indeed, on my sons iPhone 4, which backs up to iCloud and almost never touches iTunes, iOS 7 was not automatically downloaded."
So yes, you can use wifi. Just not iTunes. Doesn't sound like a better solution to your problem? That's because you don't actually have a problem, you're just making a massive deal out of something as trivial as your phone's OS looking icky.
I agree with the original poster.
I have noticed that ios7 has downloaded to my iPhone 5 and I did not request it to be downloaded. I could tell because my "Other" space increased to over 6 Gig and before ios7 came out my "Other" was less than 4 Gig. So I know that ios7 increased that Other space and now I can't get that space back.
I could really use that extra space for my music, I don't need it being taken up by Other that I can't delete since I'm not upgrading to ios7.
I have noticed that ios7 has downloaded to my iPhone 5 and I did not request it to be downloaded. I could tell because my "Other" space increased to over 6 Gig and before ios7 came out my "Other" was less than 4 Gig. So I know that ios7 increased that Other space and now I can't get that space back.
I could really use that extra space for my music, I don't need it being taken up by Other that I can't delete since I'm not upgrading to ios7.
They aren't forcing anything. What is it about the word "force" that causes people to capitalize it every time? It just makes them sound even more melodramatic and laughable.
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syd430
Guest
I know Vista was not free and it did not automatically download in the background. It's a hypothetical.
Exactly. You and many others preferred it, many others did not. That means that different people have different opinions on it. Which was my point. Not that everyone has the same view on it.
Here in Australia at least he would potentially have a case. The device has had it's storage capacity significantly reduced for something he did not consent for. To summerise parts of the Australian Consumer Law Act, especially the statute referring to "fit for purpose":
Businesses that sell goods guarantee that those goods:
- are of acceptable quality - the goods must be safe, lasting, have no faults, look acceptable and do all the things someone would normally expect them to do
- are fit for any purpose that the consumer made known to the business before buying (either expressly or by implication), or the purpose for which the business said it would be fit for
- have been accurately described
- match any sample or demonstration model
come with undisturbed possession, so no one has the right to take the goods away from or to prevent the consumer from using them
Dramatically reducing the storage captivity without the consent of the end user could fall under a number of these, in Australia at least. It's a fallacy to say that the plaintiff has zero case. These type of consumer law suits, more commonly in the form of a class action crop up all the time. I'm certain that similar statutes apply in the US.
That's irrelevant. The consumer already paid for the device. They are entitled to keep and continue using the device that they paid for without it being significantly altered by the OEM with no consent from the user. Again, there's laws in Australia to stop exactly this sort of thing from happening.
If a BMW rep came down to my garage and replaced my fuel tank with a smaller capacity one, without my consent, would you say that the correct remedy would be for me would be to sell my BMW and buy a Merc, and there should be no ramifications for BMW?
You would think so, except it ran just fine on my 4S and I had no storage issues (16gb.) Same with my iPad 3 (again, 16gb) although I do admit it seems a teensy bit laggier than on iOS 6. Still plenty usable and I have no issues doing anything on it (other than changing the wallpaper.
) And it, of course, runs great on the 5S.Can't personally speak for the iPhone 5, although I imagine if it's doing okay on the 5C, the 5 probably doesn't have any major issues, either.
Um almost every major internet provider does have data caps. Centurylink is currently at 250 gig for 12mb and up, and 150 gig for 12 mb and below.
Xfinity has a 250 gig cap as well. So do many others.
I am not a lawyer - But... can Apple include a contract with all new phones that it or its employees cannot be sued by a purchaser for any reason?? Banks force customers to go to arbitration and avoid litigation, and I believe the Supreme Court has upheld the practice.
I am not sure why any large corporation would not force a purchaser/ user to give up right to sue (for any reason, however ghastly) as a condition to purchase/ use the product.
I am not sure why any large corporation would not force a purchaser/ user to give up right to sue (for any reason, however ghastly) as a condition to purchase/ use the product.
Maybe one of your guys can help me with this.
I have an iPhone 3GS and an iPad 2. Both are using iOS6 and I sync both to my Mac. If I update the iPad 2 to iOS 7 and download all the new apps for it on the Mac, how will I then be able to sync the 3GS to the Mac? All the apps will now be iOS7 versions which the 3GS won't be able to run. Any suggestions?
I have an iPhone 3GS and an iPad 2. Both are using iOS6 and I sync both to my Mac. If I update the iPad 2 to iOS 7 and download all the new apps for it on the Mac, how will I then be able to sync the 3GS to the Mac? All the apps will now be iOS7 versions which the 3GS won't be able to run. Any suggestions?
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syd430
Guest
In Australia, a contract cannot include a clause that overrides the common law, which includes our consumer protections act. So to answer your question, no a company can't just say "you can't sue us even if we murder your grandmother", just because you happened sign the dotted line. This is in Australia anyway. I'm sure there is similar statutes that apply in the US.
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syd430
Guest
For a lot of people, probably even most, that distinction doesn't exist as they connect to wi-fi at home, but not at other locations. There is a lot of people in this group. So he isn't too far off.
Apple is in breach of an (implied) contract
Apple (and other vendors but this is an Apple centric discussion) frequently sell devices such as iPhones and iPads and then unilaterally and without the purchaser's informed consent willfully alter or delete functionality on the purchased device.
This is as though I sell you a claw hammer and then in the dark of night I enter your toolshed and replace the hammer with a ball-pean hammer - thus rendering it useless for tasks requiring a claw.
A specific case of this with Apple is the situation with the total loss of functionality w.r.t. audioBooks (.m4b) since iOS 5 up to iOS 7 on iPad and now iPhone as well.
There is NO remedy provided and no warning or notice regarding the change - in this case removal of functionality - iOS 5 Music.app on iPad doesn't support audiobook chapters
Now in the case at hand a law suit is probably futile but it may be a great way of shining a light on this cavalier disregard for the buyer.
It is not legal to wantonly render a device useless for a task which it was able to perform to the buyer's satisfaction at the time of purchase wihtout providing a means to restore the device to its original functioning. This is an implied contract and it is perfectly reasonable to test this in court not withstanding any claims Apple may make to fitness and merchantability in the EULA. Here we are talking of a capability of the device that was present at the time of purchase (3 GB of space or ability to usefully play audiobooks) which was later unilaterally deleted without remedy.
Apple (and other vendors but this is an Apple centric discussion) frequently sell devices such as iPhones and iPads and then unilaterally and without the purchaser's informed consent willfully alter or delete functionality on the purchased device.
This is as though I sell you a claw hammer and then in the dark of night I enter your toolshed and replace the hammer with a ball-pean hammer - thus rendering it useless for tasks requiring a claw.
A specific case of this with Apple is the situation with the total loss of functionality w.r.t. audioBooks (.m4b) since iOS 5 up to iOS 7 on iPad and now iPhone as well.
There is NO remedy provided and no warning or notice regarding the change - in this case removal of functionality - iOS 5 Music.app on iPad doesn't support audiobook chapters
Now in the case at hand a law suit is probably futile but it may be a great way of shining a light on this cavalier disregard for the buyer.
It is not legal to wantonly render a device useless for a task which it was able to perform to the buyer's satisfaction at the time of purchase wihtout providing a means to restore the device to its original functioning. This is an implied contract and it is perfectly reasonable to test this in court not withstanding any claims Apple may make to fitness and merchantability in the EULA. Here we are talking of a capability of the device that was present at the time of purchase (3 GB of space or ability to usefully play audiobooks) which was later unilaterally deleted without remedy.
I have kept almost all my Apple products that I have owned over the years, because I enjoy breaking them out every now and again the to play around with them and see how far the technology has advanced. I still have machines running OS 7, 8, and 9 as well as other early OS X versions. I upgraded my iPhone 5 to iOS 7, but am going to keep my iPhone 4 on iOS 6 because the change to iOS 7 was so drastic stylistically and in the UI.
I think it's completely ridiculous that Apple automatically has the device download the update that takes up that much space without a way to delete it. I don't agree with frivolous lawsuits, but I hope this drives Apple to at least give an option to free up that space when I want to keep that model on a previous version.
Also, after a few weeks of use, the battery life of my iPhone 5 during the day has noticeably decreased compared to before the upgrade. I can only imagine it's that much more noticeable on an iPhone 4. I mainly use it as an iPod touch at this point and see no benefit in upgrading.
I think it's completely ridiculous that Apple automatically has the device download the update that takes up that much space without a way to delete it. I don't agree with frivolous lawsuits, but I hope this drives Apple to at least give an option to free up that space when I want to keep that model on a previous version.
Also, after a few weeks of use, the battery life of my iPhone 5 during the day has noticeably decreased compared to before the upgrade. I can only imagine it's that much more noticeable on an iPhone 4. I mainly use it as an iPod touch at this point and see no benefit in upgrading.
I can't think of a single developed country in the world with even the most rudimentary consumer laws where this would be legal.
In my country, this would most definitely be illegal.
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Just curious, but where did you graduate from law school?
It's a simple workaround- it works for me, probably not for you or others. I get that.
I also downloaded the tweak (via Cydia): softwareupdatekiller so as to prevent hassles in the future and to also allow me to use home WIFI. But for those are not jailbroken the above works, albeit poorly for some.
I wasn't attempting to be insulting with my suggestion. I apologize.
I also downloaded the tweak (via Cydia): softwareupdatekiller so as to prevent hassles in the future and to also allow me to use home WIFI. But for those are not jailbroken the above works, albeit poorly for some.
I wasn't attempting to be insulting with my suggestion. I apologize.
Except, and this is a big one, it slows down my already slow 4. And it's still on contract, so it's not an inexpensive proposition to just upgrade.