LOL and all J&J had to do was shore up the packaging and keep making their product, essentially unchanged. You would be asking for Apple (and everyone else, essentially) to not have any product in the sales channel for months.. possibly more than a year. We don't know what the cycle looks like.
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Apple Sued Over Meltdown and Spectre in U.S. as iPhone Slowdown Lawsuits Now Total 45
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LOL and all J&J had to do was shore up the packaging and keep making their product, essentially unchanged. You would be asking for Apple (and everyone else, essentially) to not have any product in the sales channel for months.. possibly more than a year. We don't know what the cycle looks like.
Every electronic device's power is managed or as you like to call it "throttled". This is nothing new. These "throttling" cases will be thrown out because it would create a precarious precedent. Every device has what's called a user or licensing agreement. It'd be hard to argue that throttling is interfering with your enjoyment (which resulted in you to buying a new device) because you agreed that it wouldn't in the license agreement of iOS. In fact, a judge would ask "If you didn't enjoy this device, why did you buy another one?"
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 AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS APPLE PRODUCTS AND SERVICES.
[Source: http://images.apple.com/legal/sla/docs/iOS112.pdf]
If you can sue Apple for iOS power management, then you'd be also able to sue Apple for notifications that distract you while driving and result in an accident. But you can't because you agreed to the license agreement.
Yes, products prior to discovery should be immune to lawsuits. But knowingly release a product that poses a danger to end users after discovery is a very bad idea.
So is every tech company halting sales of everything indefinitely.
1. Big corporations are usually shielded, so no accountability, even if it screwed more than half the nation.
2. Agreed
3. Yes, but in Tynelol's case, it was a human health issue. Immediate risks to human health are much more urgent than something that can be patched/mitigated later on. You can't mitigate or patch a pill, but you can do that with CPUs via micro or macro coding. So yes, save some.
J&J kept brand Tylenol off the shelves for almost two years. They probably went overboard but I guess they wanted to be 100% sure.
And ain't that the crux of it all. At the end of the day all this comes down to 'did Apple breach their contract with the consumer?'.
Apple pay their corporate lawyers a metric tonne of money to create these EULA's for a reason and that's what most people are forgetting.
Why did Apple do what they did? Because we ALL of us told them 'go right ahead' when we agreed the EULA.
2018 (actually, the past few years) is Idiocracy made real. When everything is designed to be consumable entertainment (news media, the presidency, etc), maybe Mike Judge wasn't so far off with his movie...
When you say "they" who are you referring to? I hope not Apple. This issue is being described as a fundamental problem thay is not unique to one chip type. The fact that it affects chips from Intel, AMD, ARM... should be pretty revealing in that this is a core architecture design problem. It apparently can affect just about anything with a processor in it. I doubt it be possiblt to have a hardware only solution available for a number of years.
But hey... people love to start throwing blame and hate out without knowing and facts or having any idea what kind of solution would be possible.
Shhhsh.. these days it's only fashionable to bash and sue Apple. Remember Samsung is just a really small family owned South Korean company, nothing at all like Apple... Right?
As was mentioned above, human health issue. People died. We're not talking about the same "harm" here.
But think of all that ‘emotional damage’ that having a slightly slower phone caused!
Most flaws with tech can be fixed via firmware or software. But this security flaw is unprecedented and very dangerous. Apple designed all the Axx processors, so should at least release a patch a lot sooner. That would alleviate a lot of grief.
Other issue is the slowing of cpu. 5-30% is a significant hit. If Apple knew this would be the impact of the fix and still went ahead with release, then the lawyers have a case.
and it is just fine to keep selling these with design issues for years? Maybe every potential customer should have to sign something acknowledging that the hardware they are about to purchase has a KNOWN security vulnerability which possibly may need a hardware redesign to fully mitigate.
And it may not take years to fix, I'd hate to buy a new computer or phone this month and 6 months later a hardware design that completely mitigates sceptre is release.
As of now, faulty design is the only option.
Really makes no sense in upgrading any computer device right now until this is all figured out.
So it’s illegal to change their code and not tell anyone?
Agree. But who knows, maybe that’s how Russia and North Korea hacked the US. So harm could be financial and political, both of which can be just as painful.
What law is it against to purposely slow down the hardware?
You do realize that Apple's ARM CPUs are not used for sensitive information like that right? Intel, AMD and other ARM vendors have that type of problem. iPhones? Probably have the risk of leaking out embarissing pictures of politicians.
Some Apple devices are used to view data and spreadsheets, but actual "Confidential Secrets" are a big no-no. Even then, a patch is out.
actually the reason is simple : so that the device turns on /doesnt randomly shutdown.
However, there's no reason for apple to hide that from you.
I‘m sure if every PC manufacturer had stopped selling all affected devices (meaning more or less all devices) people wouldn’t have complained...
Clinton email scandal is about emails right? Why would they not be on your phone? Arm cpu is a cpu. Can be used for anything including classified material. I use my ARM iPhone to bank, use social media and login to secure websites which the flaw made vulnerable. Your argument makes no sense.