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Hey Mark Menacher, how about you just stop being such a ***** and install ios 7. What's your plan, to continue using your current ios device with ios 6 for the remainder of your life? Apple's not going back - you'll be on ios 7 (or a future update based on it) eventually anyhow so get over yourself.
 
I agree that it's ridiculous that this gets downloaded and stored automatically with no way to stop it, but a lawsuit for this? Just file a bug report, idiot! Software always has problems, if you sued for every bug/annoyance, you'd never see the end of it.
 
Or just update to iOS 7 and get over it...

1. Some people want to keep jailbreaks.
2. iOS7 doesn't run perfectly on all devices. For instance, not perfectly smooth all around on the iPhone 4.
3. Some people actually prefer the old look.
4. Takes up less space. Especially important on lower capacity (16gb) devices even if only a couple or few hundred megabytes.
 
As a lawyer, I'm not aware of any cause of action for "wasting space".

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.

Nor is there any valid damages claim. He can still use his device

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.

and could update so there is no damages from the alleged "wasted space".

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... :rolleyes:

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?

Apples and oranges. Try again.

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 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...
 
Apparently you don't understand how small claims works. Tim, or his designated representative, has to show up, or it's an automatic judgement. Tim or someone who he's paying has to show up to argue, about $50. Or just pay the $50. Or be cited for contempt.

You assume too much. I didn't say Tim wouldn't have someone handle this, just that it would get booted. He sued the wrong entity.
 
I agree that it's ridiculous that this gets downloaded and stored automatically with no way to stop it, but a lawsuit for this? Just file a bug report, idiot! Software always has problems, if you sued for every bug/annoyance, you'd never see the end of it.

It's not a bug
It's a deliberate decision by a corporate officer to send 3gb of data to someone's phone without them asking for it
 
I can guarantee the guy suing never read the user agreement when he clicked on "I Agree" while setting up his iphone the very first time. That is a legal document, and somewhere in that document gives Apple the right to do what they did. The fact that he refused to read it, like most of us, does not make the contract null and void.
 
While I don't know how I feel about a lawsuit, they definitely shouldn't download it without users' consent. Particularly since there's already a setting for automatic updates. If users had that set on, then sure, but if they had it off, it shouldn't have downloaded it.

And yes, for those who want to stay on 6, they should push out a way to delete that download and recover the space. And that's coming from someone who really likes iOS7.
 
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.

Sure, he'll probably be able to buy a burger after he pays court fees (if he wins) from the $50 that he's suing for. Do you really think this suit is a primary source of income for him? Or did you not RTFA? Haha... what a joke. This is why folks on MacRumors are labeled as fanboys.
 
Hey Mark Menacher, how about you just stop being such a ***** and install ios 7. What's your plan, to continue using your current ios device with ios 6 for the remainder of your life? Apple's not going back - you'll be on ios 7 (or a future update based on it) eventually anyhow so get over yourself.

As other people have pointed out, on older devices, iOS 7 is slower. Even between iPhone 5 and 5S, iOS 7 runs smoother on the 5S, and 5 runs best with iOS 6, IMO. In any case, it's not unreasonable to want to run your device on iOS 6, not for the rest of your life, but certainly for the remainder of the device's useful life. I know some people who have iPhone 4/4S still on iOS 4 or 5. They work perfectly fine for how they use their phones, and they don't want to bother with upgrading. That should be their choice, they shouldn't have to give up storage space to not upgrade.
 
That automatic thing isn't cool. It should always be a choice. I probably wouldn't sue Apple but I would be disappointed with Apple if I didn't want to move to iOS 7 because I didn't like their icons and design ideas.
 
I wouldn't call it "thuggary"

But his demands are very reaonsable. Apple should definitely settle this one.
(Though I'd be very surprised if they weren't already preparing an iOS 6 update that allows the 3GB to be recovered.)

They would never release an update for iOS 6. Never is a million years.

iOS 6 is finished, finito, kaput.
 
Love all the people who didn't buy his phone and don't pay for his contract deciding what's best for him.

Of course, those are the same iDrones who applaud Apple's endless lawsuits but trash this guy for asking for a solution and FIFTY WHOLE DOLLARS!
 
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.

And instead of listening to real music we should listen to Lady Gaga and Justin Bieber. After all, it's about the now!!
 
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.

Why does it bother you what version other people are using? If people like iOS 7 that's fine, but I will personally keep iOS 6 for the foreseeable future.
 
I'm glad someone is doing this. Sadly though, the lawyers will get richer and mybe, we won't be forced to download the update for those of us on 6.1.3.

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Done until it downloads it again. The only way to stop it is to fill the space leaving less then 3GB available.

The only time that free space matters is when you need that free space for something else... In which case there will not be space available for iOS 7 anyway.
 
So for those offended by the lawsuit, what other course of action would you recommend that would have a chance at getting the results he's looking for? I'd love to have seen the guy take an alternative approach but I can't think of what that would be.
 
What gets me is they claim it's a 16GB device and it takes up 3GB just with IOS7.

Adds to the fact Iphone 6 has to be 32GB and Iphone 5S being 16GB was too small storage for a flagship phone.
 
This guy must have a 16GB iOS device. If Apple added a separate chunk of storage to use for the operating system and temporary files, then it wouldn't matter, but then again if they dropped their lowest tier devices and started with 32GB as a minimum then losing a gig wouldn't be so bad. I'm really hoping they drop the 16GB tier. And that whole thought is without commenting on whether this guy is a bit bonkers.
 
Solution: get an android phone and never worry about getting updates ever again...because there won't be any.
 
He should ask for the next model up (32 or 64gb) device with iOS 6 on it. Then he wont miss the 3gb it sucked up. Have to agree that it should not download and take space without the user consent. Especially since Apple charges $100 for each additional 16 gb.
 
I like your logic. If I sue you for $5 million for having hair, it's frivolous, but if I only sue you for $50 for the same reason, it's somehow *not* frivolous because it's such a small amount. (I *almost* hope someone uses your reasoning against you in a court case at some point.)

Amount does not necessarily equal frivolousness.

Sure, your hair lawsuit may always be frivolous at any compensation sued for, however, the pants lawsuit (Pearson v. Chang) wouldn't really have been frivolous at, say $50 compared to the 67 million $ originally sued for.

( http://en.wikipedia.org/wiki/Pearson_v._Chung )
 
After reading through all this...

As many point out, there are valid reasons to potentially stay on iOS6, and if his iPhone is one with more limited storage, the space issue is a valid one.

However...

The rant and entitlement-laden nature of the wording of the lawsuit is where most will loose any respect for him.
 
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