Got a tip for us?
Let us know
Become a MacRumors Supporter for $50/year with no ads, ability to filter front page stories, and private forums.
Apple Sued Over Automatic iOS 7 Downloads to iOS 6-Powered Devices
- Thread starter MacRumors
- Start date
- Sort by reaction score
And when you've exhausted all the possible avenues with communicating with Apple and have got no-where, the only option is the small claims court.
You mean "iPhone"? You mean "iOS"? You mean "iPad"?
How much performance hit do you deem minor and acceptable? What loss of space to you deem acceptable? What exactly are the features you turn off to make an iPhone 4 run as well on iOS7 as on iOS6? Why do you believe a user should be forced to make the choice between lost space or lost performance?
Why should someone have to sell their device though?
I still cant understand why some people think this is acceptable! Although I suppose to some, Apple could never do no wrong.
You keep posting from the EULA. What EXACTLY therein do you believe is controlling? Do you believe that consumers have agreed to accept any and all future changes to the iOS, including those that are known to adversely affect a specific iOS device, or do you simply believe that consumers have waived any and all rights to redress?
No where does it say in what you have quoted that users "Must" download any updates made available by apples. Nor does it say anything about Apple making a certain amount of storage on a users device unavailable.
I wouldnt be so quick to call people idiots for not reading in future
Pretty much. The agreements are one-sided, but that's the way it is. These terms for all intents and purposes bar any right to recover for iOS issues or issues CAUSED by the iOS:
7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE iOS SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE iOS SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
7.4 APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE iOS SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE iOS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE iOS SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE iOS SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE iOS SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS iOS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE iOS SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE iOS SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars (U.S.$250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Also, per these terms, iOS updates are also covered by the EULA:
(a) The software (including Boot ROM code and other embedded software), documentation,
interfaces, content, fonts and any data that came with your iOS Device ("Original iOS Software"),
as may be updated or replaced by feature enhancements, software updates or system restore
software provided by Apple ("iOS Software Updates"), whether in read only memory, on any
other media or in any other form (the Original iOS Software and iOS Software Updates are
collectively referred to as the iOS Software") are licensed, not sold, to you by Apple Inc.
("Apple") for use only under the terms of this License. Apple and its licensors retain ownership of
the iOS Software itself and reserve all rights not expressly granted to you.
(b) Apple, at its discretion, may make available future iOS Software Updates for your iOS
Device. The iOS Software Updates, if any, may not necessarily include all existing software
features or new features that Apple releases for newer or other models of iOS Devices. The
terms of this License will govern any iOS Software Updates provided by Apple that replace and/
or supplement the Original iOS Software product, unless such iOS Software Update
is accompanied by a separate license in which case the terms of that license will govern.
----------
No where does it say in what you have quoted that users "Must" download any updates made available by apples. Nor does it say anything about Apple making a certain amount of storage on a users device unavailable.
I wouldnt be so quick to call people idiots for not reading in future
No one is saying that anyone MUST download the update. In fact, the iOS update is not downloaded (just a package that makes installation easier, which happens to take up 3 GBs.
Nor is there any guarantee that a specific amount of space will always be available on any device, whether 16 GB, 32 GB or 64 GB device.
----------
Apparently you can delete it via iTunes. Problem solved.
Another EULA dump. What about "exactly" do you not understand? The issue complained of is not "caused" by the iOS or the update. It is "caused" by the forced download. By your flawed reasoning, it also would be acceptable to have the forced download occupy 7GB of space on an 8GB iPhone4.
Wrong! Android gives you the option. Exactly the same for Microsoft, I can turn the updates off too.
Oh, that's right. Thanks for reminding me that Samsung has changed Android so much on their phones that it's unrecognizable. I was, of course, showing you a screenshot of a Google Nexus device, where this behavior most certainly is the default and is most certainly not given as an option. Don't post your Samsung settings as the norm, they most certainly are not, even from one Samsung device to the other.
Do you even live in the United States?
Take a look at the largest broadband internet providers in the United States. All internet plans are advertised based on speed, not data caps. When caps do exist, they exist because 98% of the user base does not reach that cap. I've seen 100GB, i've seen 250GB. Granted i've seen 50GB, but when you have a 1Mbps home internet plan for $20, you're probably not going to get there without torrenting 24/7. Data caps are only a very new concept installed recently and on a handful of internet plans.
Verizon Fios, Fiber Optic and the fastest internet in the United States doesn't even have a data cap lol. I've lived here and bought internet for most of my life, i'm pretty well versed on the internet offerings.
WHich is a mute point because they guy isn't even suing for going over his "data cap." If a 3GB download is pushing a guy over his "cap" then well lol...
Further Research:
AT&T DSL: 150GB with $10 for every 50GB over; AT&T U-Verse Fiber Optic: 250GB
Centurylink DSL: 250GB
Comcast XFinity: No Data Cap except in select markets (two last i checked). Those data caps go from 300GB to 600GB
Cox Cable: 250GB for a 25Mbps plan; 400GB for a 150Mbps plan
Verizon FiOS Fiber Optic: No Data Cap
As you can see, there is a lot of room to go around.
iOS7 isn't the first iOS update to automatically download, why haven't people complained before? Its AMAZING how something that is meant to be convenient for everybody is causing a small minority problems because they can't get over just upgrading like the rest of the world. "a few gigs a month" for a home internet plan? really? i hardly believe that. Mobile data plans yes maybe, but iOS blocks over-the-air downloads greater than 100MB.
Last edited:
People have complained when past updates adversely affected their older hardware. However, this time the change was more severe and there are far more impacted. And suggesting it's simply because people "can't get over just upgrading" is astonishingly obtuse. There are myriad valid reasons not to upgrade.
Last edited:
Total fanboy reaction. The only options are give in to apple and be forced to update, or sell the phone just to get back wasted space.
Yes, that makes perfect sense. Apple pushed out data that is taking up space and the reasonable fix for that isn't for Apple to provide a way to delete it, but for the user to sell the phone and buy another one. Steve may no longer be around, but his RDF (reality distortion field) is obviously still going strong.
Seriously, next time you are tempted to post something like that, read it aloud before hitting Submit to save yourself some embarassment.
I want to see this lawsuit play out. It could have long-reaching consequences.
If Microsoft forced all of their Windows XP users to upgrade to Windows 8.1, there would be hell to pay.
Apple shouldn't get away with this either, just because they're Apple. iOS users should be able to downgrade to iOS 6.0, and keep it as long as they want. No more screwing around with your customers.
All of these iOS devices have a limited lifespan anyway. Their batteries cannot be replaced under normal circumstances, so they will eventually die out in a couple of years.
If Microsoft forced all of their Windows XP users to upgrade to Windows 8.1, there would be hell to pay.
Apple shouldn't get away with this either, just because they're Apple. iOS users should be able to downgrade to iOS 6.0, and keep it as long as they want. No more screwing around with your customers.
All of these iOS devices have a limited lifespan anyway. Their batteries cannot be replaced under normal circumstances, so they will eventually die out in a couple of years.
Calm down!
Ive got a Nexus 7 and when an update is available, it shows in the notification area as per your screenshot.
1) It dosent however download anything without me allowing it
2 It dosent take up any space on my device if I dont allow the update
As such, its pretty poor trying to compare how Android does things and how ios does things.
To this I will add - and be able to remove the badge notification that an update is available so it's not staring you in the face every time you want to go into your settings to adjust something.
You must be thinking of Android. My original 6+ year old iPhone, original battery, running iOS3.1.2 IIRC, is still in use by a family member. Battery not a problem yet but inexpensive and easy to replace when necessary.
Oh call down.
It's not a fanboy reaction, it's a reaction of amusement that anyone would spend the cycles to instigate a lawsuit over this.
Those solutions would be my reaction to the situation - my time is more valuable than 3GB of storage on a phone, but if it was causing me some heartache, I'd simple pursue one of those courses of actions vs. the time and effort to sue.
That's not being defensive of Apple, it's being defensive of my time that's better spent with my wife, daughter, surfing, training, running my businesses.
Calm down!
Ive got a Nexus 7 and when an update is available, it shows in the notification area as per your screenshot.
1) It dosent however download anything without me allowing it
2 It dosent take up any space on my device if I dont allow the update
As such, its pretty poor trying to compare how Android does things and how ios does things.
Why would it say downloaded if it wasn't taking up space? Of course it's taking up space. And I would know because I have a nexus 4, 7, 10, android phones on AOSP, etc. It downloads without asking.
Except in the terms of service, it plainly states apple will use that space for updates and the like as they see fit...
Exactly where does it say that? Point to the specific language, not just another EULA dump like the many by caeserp.
Well this is not australia for one, and as I stated before (and others), the storage capacity is as advertised, and is stated that it is minus OS space, which this would count as OS space, which can increase or decrease from original purchase date. And he DID CONSENT to this by agreeing to the terms of use of iOS when he first activated the phone.
Also, as many others have stated and I beleive I did, you can delete these files, and prevent them from being downloaded, I have had an iPhone since the 3GS, and I always wait a month or 2 after new iOS (waited 4 months on iOS6 because i didnt have time to backup my phone), and my phone has NEVER downloaded the updates, its as simple as turning off OTA updates. and yes I have WiFi at home, and my phone is almost always plugged in when I am at home (and at work too actually - which also has WiFi).
again your comparisons are inacurate, apple is not replacing your storage with a smaller capacity, just providing a service that you have to turn on that automatically downloads and takes up 750MB (which is only 4% of the smallest iPhone 16GB)
Except that this happens all the time, plenty of Video Games are no longer playable because they are online only, and the Servers needed to play the game are no longer running or allowing connections. EA does this the most, and the worst that has happened to them is they are at the top of the list of The Consumer Reports Worst Company of the year for like 5 years now. Some BluRay players do not get firmware updates for new DRM protection, and people cant play newer BluRays on their devices.