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Apple Sued over 'Misleading' Advertising in Siri Depictions
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Ad law says that you cannot have an ad that sells a product a way and then have fine print that goes against the ad.
Example: A commercial selling a Hover Board cant show the board hovering and then in fine print says it doesnt really hover.
Also this lawsuit is based on a misleading ad so all he has to do is prove that Apples ad is misleading to the general public. Most people you ask except Apple nerds do NOT know Siri is beta. So that is not gonna help Apple. Its all about being misleading not being fact. If Apple put at the start of the ad in BIG letters "Siri is a Beta product and results may vary" then they could not be sued for a misleading ad.
If the Judge coming into this case didnt know Siri was Beta it will only go to help the case that Apple was MISLEADING. As the Judge didnt even know its a beta.
Just like the Hover Board company that would be misleading showing a floating Hover Board even if it says in fine print it wont hover. ITS STILL MISLEADING.
Misleading meaning NORMAL NON NERDS perception.
Apple will pay this guy $800 and the case will be over.
Example: A commercial selling a Hover Board cant show the board hovering and then in fine print says it doesnt really hover.
Also this lawsuit is based on a misleading ad so all he has to do is prove that Apples ad is misleading to the general public. Most people you ask except Apple nerds do NOT know Siri is beta. So that is not gonna help Apple. Its all about being misleading not being fact. If Apple put at the start of the ad in BIG letters "Siri is a Beta product and results may vary" then they could not be sued for a misleading ad.
If the Judge coming into this case didnt know Siri was Beta it will only go to help the case that Apple was MISLEADING. As the Judge didnt even know its a beta.
Just like the Hover Board company that would be misleading showing a floating Hover Board even if it says in fine print it wont hover. ITS STILL MISLEADING.
Misleading meaning NORMAL NON NERDS perception.
Apple will pay this guy $800 and the case will be over.
Exactly. I feel for Apple a lot of days after they release something that has been "thunk different." No good deed goes unpunished!
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Yes, that might be fair. Now bring it back to this case. Did Apple advertise that Siri would never fail? Because they didn't say anything about it working every time, so why would you have grounds to sue if it failed?
brdeveloper said:
Are you talking about Apple or the people who sued them?
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What was the problem? It wasn't big enough?
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This is completely ridiculous. That's like me suing Apple because my computer crashed.
If they say their computers never crash or don't crash like Windows without providing statistics, I think it would pretty fair.
Yes, that might be fair. Now bring it back to this case. Did Apple advertise that Siri would never fail? Because they didn't say anything about it working every time, so why would you have grounds to sue if it failed?
If it fails more than 50% of the times used its misleading.
With your logic I can create a product that works only 1 out of 1000 times and that would be ok because I never said it would work every time.
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All you're talking about is whether it's in beta or not, how about considering other relevant things like, I don't know, whether the product actually works as advertised? Forget the beta talk for a second and realize that people have even stated in this thread that they've been able to replicate all the requests in the ads in real life. I don't see that as misleading when the product actually works? I don't see Apple saying it'll work 100% of the time
Millionaire2K said:
All you're talking about is whether it's in beta or not, how about considering other relevant things like, I don't know, whether the product actually works as advertised? Forget the beta talk for a second and realize that people have even stated in this thread that they've been able to replicate all the requests in the ads in real life. I don't see that as misleading when the product actually works? I don't see Apple saying it'll work 100% of the time
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First, where is this 50% figure coming from, some principle or is it your ad-hoc solution? And secondly, where are the statistics stating that over 50% failures are occurring anyway?
Millionaire2K said:
First, where is this 50% figure coming from, some principle or is it your ad-hoc solution? And secondly, where are the statistics stating that over 50% failures are occurring anyway?
The stat was created to show your point is stupid. You cant create a product that fails often and pass it off as a perfect product. You claiming a PC crash as the same is just dumb.
How do you explain the Nissan Frontier truck snowboarding ad then? Where the fine print states: "Fantasy. Trucks can't snowboard. Do not attempt."
I only mention Beta because EVERY Apple nerd is saying it! I agree remove beta from this talk and we onlt have the ads to go on.
The ads show an amazing perfect product that seems to do anything and everything for your 100% perfect
Sticking to the point of the product vs the ad, they will present their case as to why they think its a misleading ad and the court will rule.
But saying its a Beta will not get this case tossed.
I completely agree with this guy. It might work great in the US, but it definitely does not here in Germany. I've had server issues maybe 25% of the time. Another 25% it just said wait a minute...wait a minute...waaiiitt aaaa miiinnuttee...just to tell me that s/he didn't understand me. Oh and sure it does make appointments and all but I have to say it like in the advertisement...WORD by WORD. If I even change something (so that it would be more grammatically correct in German) I get some awkward sentence saved. This applies to essentially everything you do with Siri here in Germany. I've actually written Apple a bug report already in October but nothing has changed so far. It is still BETA we get it...BUT and this I think is a very valid point this guy is trying to make it simply does NOT work as advertised and that is essentially lying to the customer who saw the advertisement and thought: I need THIS phone because I can get use it well in my car or so. Turns out it does not. And to everybody who says you can always return it: remember that return policies are not internationally standardized nor will it change the fact that you had to go through a huge hurdle (especially when you bought it through a telephone company).
At the very least Apple should say it is a Beta in their advertisement and tell them customers that it might currently not work as shown!
At the very least Apple should say it is a Beta in their advertisement and tell them customers that it might currently not work as shown!
"ad that sells a product a way"
They are not selling the truck as a snowboarding truck! Its a joke in the ad. The Ad is not trying to pass the truck off as a snowboarding truck.
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Actually your attempt at manipulating my logic is terrible. My point was that te person I quoted said it would be fair to sue if apple said their computers never crashed when they do. Now to apply this to this case, you'd have to have some relevant situation, which would be that apple said Siri never failed, and they didn't, so the OPs logic doesn't apply. Your attempts at getting points across are humorous though, keep trying.
Millionaire2K said:
Actually your attempt at manipulating my logic is terrible. My point was that te person I quoted said it would be fair to sue if apple said their computers never crashed when they do. Now to apply this to this case, you'd have to have some relevant situation, which would be that apple said Siri never failed, and they didn't, so the OPs logic doesn't apply. Your attempts at getting points across are humorous though, keep trying.
Siri doesn't seem to understand "away" (she usually comes up with "a weigh") but other than that I have no complaints and can easily fix it with typing if she gets a word wrong. Maybe I just have one of those easy-to-understand voices, but as long as I'm not mumbling, it works 99% of the time. I use Siri a lot, and it's made my life a lot easier.
Heck, she even worked flawlessly one time while I was in the shower, water running (I have a lifeproof case). That's a lot of background noise, and probably some water on the microphone. Worked fine.
People need to learn how to enunciate, and speak up a bit. If you don't produce clear, loud sounds from your mouth, no computer, beta or not, will be able to figure out what you are saying. A lot of humans won't understand you either. The important thing to remember is that Siri lov- respects you, wants to help you, and if you treat her right, she'll be your best assistant ever. Sure, it may take a little work on your part, but you'll be rewarded for your efforts. Siri isn't a human with perfect hearing and an analog brain that can interpret even the most obscure of grunts and whispers in whatever context. Think of her as an elderly lady with a hearing aid, who may be going slightly senile.
One could argue the ads are perfectly accurate. The voices in them after all are perfectly clear, loud, and accent-neutral. It takes two to tango.
Heck, she even worked flawlessly one time while I was in the shower, water running (I have a lifeproof case
). That's a lot of background noise, and probably some water on the microphone. Worked fine.People need to learn how to enunciate, and speak up a bit. If you don't produce clear, loud sounds from your mouth, no computer, beta or not, will be able to figure out what you are saying. A lot of humans won't understand you either. The important thing to remember is that Siri lov- respects you, wants to help you, and if you treat her right, she'll be your best assistant ever. Sure, it may take a little work on your part, but you'll be rewarded for your efforts. Siri isn't a human with perfect hearing and an analog brain that can interpret even the most obscure of grunts and whispers in whatever context. Think of her as an elderly lady with a hearing aid, who may be going slightly senile.
One could argue the ads are perfectly accurate. The voices in them after all are perfectly clear, loud, and accent-neutral. It takes two to tango.
"Because they didn't say anything about it working every time, so why would you have grounds to sue if it failed?."
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Game set and match, you obviously have no business trying to maintain a side of the debate, much less a coherent. It's no wonder why you support this case: you have no idea what you're talking about, and you'd probably be another sue-happy figure as well.
Don't try to cover up your original, brilliant response of "blah blah blah". You're new one barely makes anymore sense. Hahaha
Millionaire2K said:
Game set and match, you obviously have no business trying to maintain a side of the debate, much less a coherent. It's no wonder why you support this case: you have no idea what you're talking about, and you'd probably be another sue-happy figure as well.
Don't try to cover up your original, brilliant response of "blah blah blah". You're new one barely makes anymore sense. Hahaha
LOL @ all the people on here defending Siri like Apple is cutting them checks. Do you all realize how brainwashed and ridiculous you sound?
Siri is garbage. Period. 99% of the time it just doesn't work or is painfully slow. Its been in beta for 6 months now with no improvements (and like others have said, seems to have gotten worse).
The bottom line is that Apple is heavily advertising a feature that does not work. They're the ones who set the ridiculous expectations for Siri with all the commercials. If they'd just advertised how Siri actually works, then there wouldn't be an issue. Or just give it a brief mention (like the old voice control) and let us see how it actually works. But you can't use it as the main selling point if it doesn't come close to working as advertised.
If anything at least maybe now we'll see some improvements.
Siri is garbage. Period. 99% of the time it just doesn't work or is painfully slow. Its been in beta for 6 months now with no improvements (and like others have said, seems to have gotten worse).
The bottom line is that Apple is heavily advertising a feature that does not work. They're the ones who set the ridiculous expectations for Siri with all the commercials. If they'd just advertised how Siri actually works, then there wouldn't be an issue. Or just give it a brief mention (like the old voice control) and let us see how it actually works. But you can't use it as the main selling point if it doesn't come close to working as advertised.
If anything at least maybe now we'll see some improvements.
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What's funny is when people sue for every little thing, and when similarly minded people flock to justify suing everything.
iDabble said:
What's funny is when people sue for every little thing, and when similarly minded people flock to justify suing everything.
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So when apple repeatedly demonstrates it working in court you will say?
This lawsuit will wind up with the guy being publically humiliated for having horrible diction
The Phazer said:
So when apple repeatedly demonstrates it working in court you will say?
This lawsuit will wind up with the guy being publically humiliated for having horrible diction
A guy from NYC hires a firm to sue in California to complain that it didn't work as expected, and not wanting to return it, and he is upset his carrier charged a fortune for data....that about it? The fact that the software was beta, and that data usage was high, was well written about during the launch in many articles.