Apple Sued Over Meltdown and Spectre in U.S. as iPhone Slowdown Lawsuits Now Total 45

[deanthedev]

really depends on when the vehicle manufacturer knew of the fault...if they knew about it 6 months ago and then still sold the car with the exploit still possible ,without letting the end user know, both are at fault.

No.

Manufacturer knew about it, kept it a secret and worked with others to fix it. They send out updates to all cars (and notify the public at the same time) and nobody ever dies because the problem was dealt with.

Idiots still want to sue the manufacturer over deaths that never happened.

 

[Tech198]

Now, how did i know this was coming...

Because there is already a lawsuit filed for slow performance, so why not add this one to the mix as well, despite it does not just affect iPhones.

Good luck with this one. All we care about . If we can find a lawsuit that is ongoing, and something else creeps up, lets include it as well,,, Perhaps everyone will run scared.

 

[BurgDog]

No.

Manufacturer knew about it, kept it a secret and worked with others to fix it. They send out updates to all cars (and notify the public at the same time) and nobody ever dies because the problem was dealt with.

Idiots still want to sue the manufacturer over deaths that never happened.

To win they need to show harm was done. EULA lets the manufacture off the hook for stuff discovered after the product was purchased. If you can show damages caused by a defect and the seller sold you a known defective product then there is a chance of getting compensation from the seller for those damages.

 

[Act3]

To win they need to show harm was done. EULA lets the manufacture off the hook for stuff discovered after the product was purchased. If you can show damages caused by a defect and the seller sold you a known defective product then there is a chance of getting compensation from the seller for those damages.

it doesn't even have to be a known defect or problem, pharmaceutical industry is an example. Many class actions against drug makers for side effects caused after use, discovered years after being sold.

 

[Tech198]

The solutions is already there... the problem is no one wants to look. People want more. That's the only reason for this pile up.

The court will deny this.. and be knocked back because its a non-issue.... You'll see.

Otherwise if u file against Apple, with Spectre,, by definition u must file against all other manufactures to..

 

[BurgDog]

it doesn't even have to be a known defect or problem, pharmaceutical industry is an example. Many class actions against drug makers for side effects caused after use, discovered years after being sold.

EULAs for computer stuff covers a lot more than the package insert for a drug. Too bad as a lot of drug costs are for the inevitable legal costs related to selling a drug.

 

[jimbobb24]

Apple is going to easily win 45 lawsuits but lots of money will be wasted? Or Apple will lose 45 lawsuits and customers will get a nickel and lawyers will become billionaires overnight? This is the dumbest non-issue ever. How will people prove harm with a millisecond difference designed to preserve their battery and experience?

 

[Mlrollin91]

I understand what they are doing; and it's wrong.

Wrong doesn't make it illegal. We agree to the terms and conditions when we use iOS. Unless someone can prove Apple actually broke the law, then all these lawsuits will disappear.

 

[deanthedev]

it doesn't even have to be a known defect or problem, pharmaceutical industry is an example. Many class actions against drug makers for side effects caused after use, discovered years after being sold.

Where’s the harm? How are consumers affected monetarily?

 

[Act3]

Where’s the harm? How are consumers affected monetarily?

are you really asking where is the harm? how about permanent kidney or liver damage as a side effect?

maybe money spent to take care of kidney or liver problems caused by a side effect of a prescribed drug?

 

[I7guy]

are you really asking where is the harm? how about permanent kidney or liver damage as a side effect?

maybe money spent to take care of kidney or liver problems caused by a side effect of a prescribed drug?

Are we discussing phones or medications? Because if we are discussing phones, I’m at loss to see my side effect from using my (allegedly throttled) 6s.

 

[deanthedev]

are you really asking where is the harm? how about permanent kidney or liver damage as a side effect?

maybe money spent to take care of kidney or liver problems caused by a side effect of a prescribed drug?

Uh, where’s the harm to consumers from Meltdown or Spectre?

 

[FrozenDarkness]

i thought about this a bit. Suing is like the worst type of feedback for a company looking to fix issues. Think about it. Apple was hard at work patching up their devices, we all know why they kept it a secret until they are able to fix it. However, once it goes public, law suits starts coming in. If they said that they were just fixing bugs and Spectre never made the news cycle, there wouldn't have been any law suits at all.

 

[Act3]

Uh, where’s the harm to consumers from Meltdown or Spectre?

There isn't any physical harm, but I guess I need to quote the entire conversation so you can see how we got here.

 

[dypeterc]

imagine a design flaw in the processor of a self driving vehicle that results in serious injury or death. so no one should get sued because the design was unintentional? I didn't know that qualifies for a "get out of jail free card"

Unintentional injury isn’t a CRIMINAL offense but might be a civil (monetary) offense. But Justice isn’t black or white. Motive plays a big role.

 

[jonblatho]

Apple is the one touting speeds. Of course we are entitled to what is advertised and claimed after we spent our money on it. There is no mention of throttling as a feature in that press release.

https://www.apple.com/newsroom/2015/09/09Apple-Introduces-iPhone-6s-iPhone-6s-Plus/

"A9, Apple’s third-generation 64-bit chip powers these innovations with 70 percent faster CPU and 90 percent faster GPU performance than the A8, all with gains in energy efficiency for great battery life."

You’ll also notice that there’s no mention of a specific max clock speed.

 

[aevan]

I hope apple gets what comes to them. No reason for Apple to be throttling hardware I own.

Yes, noooo reason whatsoever.

Security. Reliability. A Jedi craves not these things.

 

[EdT]

Where’s the harm? How are consumers affected monetarily?

Not a lawyer, but I agree. There’s a difference between a drug which has an unknown side effect—look up the diabetic drug ‘Actos’ — and your phone running X percent slower. I don’t think you will win a lawsuit based upon your phone running slow.

Now, if your phone freezes up while you are using it to avoid or escape a life threatening situation you or your heirs might have a winnable case. But for most people missing a turn because your Maps app was slow or your camera not taking the picture quickly enough isn’t going to rise to a high enough level.

 

[Act3]

You’ll also notice that there’s no mention of a specific max clock speed.

Mentioning the clock speed really doesn't matter, even though it is proven to be consistently 1848 Mhz @ idle in a 6s with new battery, but in this case it is a relative comparison between the A8 and A9 in apples press release.

 

[jonblatho]

Mentioning the clock speed really doesn't matter, even though it is proven to be consistently 1848 Mhz @ idle in a 6s with new battery, but in this case it is a relative comparison between the A8 and A9 in apples press release.

It wasn’t an advertised aspect of the product. You couldn’t have bought it for its clock speed because Apple didn’t disclose it as part of its marketing materials. It never does.

There are other remotely possible routes to establish a civil case, but this isn’t one of them.

The two clearest routes that come to my mind:

1. It can be shown that Apple knowingly, deliberately put batteries in their products that it didn’t expect to last through the one-year limited warranty, or
2. Any throttling is not statistically proportional to what is necessary to prevent unexpected shutdowns.

The second one has already been mostly refuted by Apple’s public disclosures from before this was even a news story. It could be fully refuted if they decide to open up on exactly how the amount of throttling is determined and the thinking behind it. The first would be exceptionally difficult to prove.

 

[TiggrToo]

the analogies aren't saying cars are similar to iphones in a physical sense

No, they're claiming they're the same in terms of power and functionality. Which they're NOT! One's a smartphone's, the other's a car. Two radically different entities.

 

[Act3]

It wasn’t an advertised aspect of the product. You couldn’t have bought it for its clock speed because Apple didn’t disclose it as part of its marketing materials. It never does.

There are other remotely possible routes to establish a civil case, but this isn’t one of them.

are you serious? Have you ever watched an Apple event where they reveal a new iPhone? Of course they don't mention clock speed but they sure as heck mention how much faster it is than their previous product.

 

[jonblatho]

are you serious? Have you ever watched an Apple event where they reveal a new iPhone?

Yeah, they’ve never mentioned the clock speed when announcing a new iPhone. Not once. If you can think of a time where Apple itself publicly disclosed a new iPhone’s clock speed in its marketing or support materials, you’re welcome to provide sources.

ETA: “70% faster than the previous generation” is not disclosure of a clock speed.

 

[deanthedev]

There isn't any physical harm, but I guess I need to quote the entire conversation so you can see how we got here.

So you can’t list any harm, because there hasn’t been any.

 

[jonblatho]

Of course they don't mention clock speed but they sure as heck mention how much faster it is than their previous product.

Then poof goes a court case regarding a given iPhone not matching its nonexistent advertised clock speed. Keep in mind that using relative measurements like they do actually shields them from exactly this type of lawsuit (perhaps unwittingly).