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Apple Sued Over Automatic iOS 7 Downloads to iOS 6-Powered Devices
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As a lawyer, I'm not aware of any cause of action for "wasting space".
Nor is there any valid damages claim. He can still use his device, and could update so there is no damages from the alleged "wasted space". Further, I'm sure you could find wasted space in any operating system, even where you aren't asked to download an update. Should microsoft be sued for not compacting white space properly in the registry?
Moreover, there is no basis for any individual liability for a corporate executive in this instance. Tim Cook isn't personally doing the coding and releasing the iOS updates. Its done by Apple Inc.
This lawsuit should be thrown out of court.
I don't get the hate toward this guy. This is what small claims court is about. He's asking for a fix to the issue and a $50 for the time he probably spent filing the case.
From the reactions here, you'd think he was asking for a multi-million dollar reward.
Personally, I agree with him that Apple shouldn't force-feed an unwanted 3GB of data into our devices (especially if apple's going to continue selling brand new phones with only 16 GB to start with). And, not everyone has unlimited data to play with at home.
Count me in on the side of the little guy on this one.
From the reactions here, you'd think he was asking for a multi-million dollar reward.
Personally, I agree with him that Apple shouldn't force-feed an unwanted 3GB of data into our devices (especially if apple's going to continue selling brand new phones with only 16 GB to start with). And, not everyone has unlimited data to play with at home.
Count me in on the side of the little guy on this one.
Why should he, or I, or anyone else waste their time fixing Apple's mistake. If Apple wants to pay me at my billable hourly rate, likely take a couple hours. I predicted a class action suit as soon as it happened. Sign me up..
And 70% of devices that have already upgraded are just plodding along with all these supposed problems. Works great. Upgrade.
So many posts I have wished I could downvote in the last few months. I can tell you.
I doubt a small claims court has the power to order Apple Inc. to make changes to its ios update process or issue an injunction prohibiting the practice.
For all you people upset about him suing for such a frivolous reason - did you read the article?
He's only asking for a way to delete the download to free up 3 GB of space, and $50 probably for his filing and time. Not asking for millions here. I don't have an issue with this lawsuit at all - he doesn't want to upgrade, but now lost a good portion of his disk space on his phone to nothing.
He's only asking for a way to delete the download to free up 3 GB of space, and $50 probably for his filing and time. Not asking for millions here. I don't have an issue with this lawsuit at all - he doesn't want to upgrade, but now lost a good portion of his disk space on his phone to nothing.
I'd love to see how many law suites this guy has issued. It's a primary source of income for thousands of people, and Apple has the deepest pockets. All this joker needs to do is install the upgrade to solve the problem. Not wanting the latest and greatest is his problem, not Apple's. I purchase Apple products because of their record on providing me with the latest and greatest. If this character doesn't want that, he shouldn't be purchasing from Apple in the first place.
Not true. Nor is there basis for individual liability for a corporate executive in this instance.
I fail to see a valid cause of action in contract or in tort.
Sueing Apple is a bit over the top but he has a legitimate grievance. I have no intent of updating my iPhone 4 to iOS7 (in fact I only just updated it 2 months ago to iOS 6.x because iOS5 was rock solid for me). I upgraded my iPad mini to iOS7 and the new features are nice, but it makes no sense to compromise (ie suffer slower performance on) my must-work-everyday phone... and to steal storage space is unforgivable.
Not everybody wants to be on the relentless upgrade train, no matter how much Apple touts the high iOS7 adoption rate.
Not everybody wants to be on the relentless upgrade train, no matter how much Apple touts the high iOS7 adoption rate.
To all the zealots that are screaming that this guy should "suck it up" and update to iOS 7did you stop to ask why?
There are tons of apps that don't work well or at all with the new SDK, and developers are slow to update (my banking app is still usin iOS 6 assets).
And that's besides the point: he paid for his device, he pays his monthly plans, why should he have to deal with an update he doesn't want/need/can use if he doesn't have to?
Wether or not you think he should just upgrade is irrelevant. It's his phone, he should be able to choose what takes up space on it. Especially if he's running a 16GB iPhone. 2 gigs already go to the OS. And 3 more to this update?! That's almost a third of his phones storage an OS overhead.
Maybe you should all stop being so butt hurt, acting like you're some kind of iPhone authority that knows what's best for him.
There are tons of apps that don't work well or at all with the new SDK, and developers are slow to update (my banking app is still usin iOS 6 assets).
And that's besides the point: he paid for his device, he pays his monthly plans, why should he have to deal with an update he doesn't want/need/can use if he doesn't have to?
Wether or not you think he should just upgrade is irrelevant. It's his phone, he should be able to choose what takes up space on it. Especially if he's running a 16GB iPhone. 2 gigs already go to the OS. And 3 more to this update?! That's almost a third of his phones storage an OS overhead.
Maybe you should all stop being so butt hurt, acting like you're some kind of iPhone authority that knows what's best for him.
And on what basis will a small claims court issue the equitable and injunctive relief that this tool seeks?
I agree. As someone who enjoys apple products (including iOS 7) and detests absurd lawsuits, I appreciate his requests. They are reasonable.
And when you take a company to court, something might happen. If you complain about something on macrumors, there is a lesser likelihood.
It also brings to light that apple aways seems to have "one way" and the new way is always deemed better than the old way.
Sometimes, that is not true. For example, when I double-click the home button on my iphone, I much prefer what happened in iOS 6 instead of iOS 7. I would love if I could turn the "old way" back on, as an optional feature, but I cannot.
At the same time I often think "Get a life!" when some plebeian sues Apple. But then I self-reflect and to myself I say "Get a life!" for spending time on macrumors!
There used to be, but I think it inadvertently promoted trolling (by people posting just to flame and be downvoted, yay the need for validation!)
Not like people have stopped trolling here, or anything...
Ah, but the defendant or his representative need to show up in court, or it's an automatic judgement. Of $50. So the plaintiff's goal, of pissing on Apple for his trouble, will succeed regardless of the outcome.