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Class Action Lawsuit Accuses Apple of Crippling iPhone 4s With iOS 9 Update
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If you have a problem with my response, you can at least be respectful in stating your counter argument or don't respond at all.
MR rules: It's not your place to tell other users they are not welcome; if they follow the rules, they are welcome.
I don't know if the case will succeed legally, but morally they have a real point. Apple makes it hard in umpteen different ways to avoid upgrading and to downgrade if the upgrade turns out to be a mistake. They relentlessly promote upgrading without pointing out any of the cons. By introducing numerous small incompatibilities and API changes they make it difficult for developers to support older OS versions even if they want to, encouraging the app ecosystem to be likewise coercive.
I too have an expensive device that would operate completely satisfactorily were it not for the fact that it has been "upgraded" to iOS 9, but is now unpleasant and borderline useless.
I too have an expensive device that would operate completely satisfactorily were it not for the fact that it has been "upgraded" to iOS 9, but is now unpleasant and borderline useless.
This is not the point. They dont want to use the software on different terms. The problem here is that the ad says "faster performances" while in this case it actually provides "slower performances", and this is false advertising.
Not for nothing, but seeing how the Atari, Intellivision, The Apple I, Apple IIe, and the Macintosh are all in the Smithsonian, and the last working Apple I sold for mid 6 figures, those 'relics' can be worth a fair amount of money over the next 25 years.
Your relics could be your posterity's fortune.
BL.
What a joke. As if Craig Federighi tells his engineers to insert code that will intentionally slow down older devices. People sue for anything and everything these days. Only in America.
You're not forced to upgrade. Up until last October my sister was using an iPhone 5 with iOS 6. Her iPad 2 is still running iOS 6. I can't believe for one second that iOS 9 runs worse on the 4S than iOS 8 did so how far would you let people revert back?
Correct, you aren't forced. But you also aren't told to expect significant performance reduction. While I don't think they should be compensated, Apple should allow OS versions to be downgraded to the latest version of that major release.
If Apple doesn't want users to do it, then it at the very least should be supported in-store.
We don't know what he said.What a joke. As if Craig Federighi tells his engineers to insert code that will intentionally slow down older devices. People sue for anything and everything these days. Only in America.
However, I know what he DIDN'T say, which is: "Team, let's make sure the 4s runs iOS 9 as fast as iOS 6 rather than 2x slower".
Or he did say that and he's a lousy manager. I don't think he is a lousy manager.
Lol, someone's blinded by carrier marketing and a golden spoon.
These devices cost $700 and $1000 outside the US.
$25 a month is a *lot* to a lot of people.
It does not matter if it is intentional.
Fact:
- Older phones have worse performance than they had when they were new
- Apple does not fix that
- Instead, Apple actively blocks users from installing faster, older versions
I don't know if that's intent, but Apple is responsible. And they are giving their customers a crappy experience by not fulfilling their responsibility.
A phone sold by Apple one year ago should not be a relic.
That may be your situation. But add on a $80 or $90 mobile plan and it becomes a real burden. Here in Canada, we don't even have financing, so it's an up-front cost for the newest devices. I'm holding off until April to see if the iPhone 6c comes to fruition. That will be my next device. Let's hope that Apple wises up and offers a 32GB version. That's my sweet spot.
Not entirely true. They do work hard to keep older devices running as smoothly and quickly as possible, but there are thresholds that hardware just can't meet. Sometimes it takes a couple of point-updates before performance is acceptable again. I've experienced this on two separate older iPhones.
Because? I think they have a case due the fact that the update does make the 4S slower and practical unusable. Downgrading is no option and users have not be warned.
Not forced, but most certainly urged:
• OTA free update (you are constantly reminded it's there)
• Apple's advertising and marketing (yeahh!!! newest iOS!!! it's the best!)
• Restore (try to reinstall older versions of iOS after an issue)
• Support ("have a problem? Install newest iOS first, please")
Apple loves to show the world how many devices run the newest version of iOS 30 days after release.
Almost everyone updates their iOS devices even if they later regret doing so.
Apple advertised that the development of iOS 9 was focused on stability and optimisation, as so many updates are.
That sounds like their older Phones will run the newer OS faster than the previous OS.
But mostly, newer software is more complicated, does more, so the same hardware runs the software slower.
Increasingly we're "leasing" electronic devices and the software from manufacturers instead of *owning* them. My A/V "networked" receiver, printer, smartphone, tablets and all their Apps.
Not everyone wants the latest bloatware to burden a previously perfectly working device, reducing working RAM, increasing CPU load and often demanding relearning functionality because of UI changes.
Blind followers keep making excuses for Apple's shenanigans.
Let's hope the outcome of this will be consumer's choice to run whatever iOS version they like, just like on Macs running OS X or Windows.
Apple was today hit with a class action lawsuit (via AppleInsider) seeking over $5 million in damages for deceptive trade practices and false advertising. Plaintiff Chaim Lerman says that he and other iPhone 4s owners became unable to use their devices after upgrading to iOS 9 as the update "significantly slowed down" their iPhones and "interfered with the normal usage of the device."
According to the lawsuit, the plaintiffs were forced to either live with a "slow and buggy" device that "disrupts every day life" or shell out hundreds of dollars for a new iPhone.
The plaintiffs argue that Apple failed to properly warn iPhone 4s users that the update would "significantly interfere" with the performance of their phones. When Lerman and other plaintiffs upgraded their devices, they noticed a significant drop in performance in both third-party apps and basic functions like using the Phone app. Because Apple does not allow iPhone users to easily downgrade their device to a previous iOS version, the plaintiffs feel like they're forced into either using a slower phone or purchasing a new one.
Apple's advertising, the plaintiffs allege, does not mention the potential of slowed performance for iPhone 4s users, instead focusing on performance improvements. The lawsuit points towards Apple's iOS 9 website, which says the update brings "faster performance, improved security, convenient updates, and longer battery life." The plaintiffs argue that Apple must have known about the iPhone 4s' slower performance from internal testing or other means and did not warn users about potential headaches in their advertising.
This isn't the first time Apple has been accused of planned obsolescence, as the company was hit with a lawsuit in 2011 regarding the iPhone 3G and iOS 4. That case was thrown out by the judge who ruled the iOS 4 update was not a "good or service" and dismissed claims of false advertising and deceptive business practices.
Article Link: Class Action Lawsuit Accuses Apple of Crippling iPhone 4s With iOS 9 Update
Ladies and Gentlemen.
Please excuse the terse reply. Off course conspiracy theory is highly likely.... what ever people say... Wake up and smell the roses. Eaten or be eaten, grown or die.
You just need to be aware... and not get sucked into the marketing hype. if its not broken do not upgrade or get a new one...
Please excuse the terse reply. Off course conspiracy theory is highly likely.... what ever people say... Wake up and smell the roses. Eaten or be eaten, grown or die.
You just need to be aware... and not get sucked into the marketing hype. if its not broken do not upgrade or get a new one...
Another fraud claim... awesome. We'll see what happens I guess. The list of claims are direct copies from other cases that have existed before it; just citing different features. Apple has not sold the 4s for quite a while. The plaintiff claims that due to direct advertising of iOS 9, he felt compelled to update and it made his iPhone slower. After which, he believes that it is Apple's responsibility to do what? Most of the claims are bogus. Everyone likes to speculate that Apple releases these things knowing that it will degrade the performance. Unlikely the case, good luck with providing clear and convincing evidence of this. During pre-trial, I am sure we will see the same things... Apple will dismiss it; regardless of whether it gets granted or overruled, Apple will answer "no recovery" and cite the software license agreement and move on with the waiting game in discovery.
Somehow it's unfair that Apple doesn't let us downgrade IOS devices.
Last week I reinstalled my Mac that came with OSX lion but runned OSX El Capitan before the reinstall. Guess what if I would have wanted I could have used Lion again without using tricks or hacks, so why is it possible for macs to go back to the OS they came with but is this somehow a problem with an IOS device?
I appreciate Apple still updates their devices but I am less pleased they advertise the benefits for older devices with false promises.
I use the iPad 3 what basically is a slighter more powerful iPhone 4S with more RAM.
I would like to downgrade the IPad 3 to IOS 6 and than jailbreak it so the device would work a couple of years more without significant slowdowns and enough applications in the alternative store. I don't feel like buying a new tablet just because mine isn't as light and fast as an Air 2. After almost 4 years it still does what it need to do for me, but not nearly as fast as when I upgraded from IOS 7 to 8 :-( (And for the still active 4S users it should be the same.)
Last week I reinstalled my Mac that came with OSX lion but runned OSX El Capitan before the reinstall. Guess what if I would have wanted I could have used Lion again without using tricks or hacks, so why is it possible for macs to go back to the OS they came with but is this somehow a problem with an IOS device?
I appreciate Apple still updates their devices but I am less pleased they advertise the benefits for older devices with false promises.
I use the iPad 3 what basically is a slighter more powerful iPhone 4S with more RAM.
I would like to downgrade the IPad 3 to IOS 6 and than jailbreak it so the device would work a couple of years more without significant slowdowns and enough applications in the alternative store. I don't feel like buying a new tablet just because mine isn't as light and fast as an Air 2. After almost 4 years it still does what it need to do for me, but not nearly as fast as when I upgraded from IOS 7 to 8 :-( (And for the still active 4S users it should be the same.)
My iPad 3 started being really slow after updating to iOS 8 and became almost completely unusable when upgrading to IOS 9, to the point were I no longer use it, it has been lying on a shelf since iOS 8 was installed on it, but as people have said, nobody forced me to upgrade. I could have waited and seen how other people thought IOS 8 and 9 worked on their iPad 3.
I upgraded to iOS 9 with some naive idea that it might be faster with 9 than with 8. But alas, that was not the case.
No worries though, I've since acquired a Surface Pro 3 which is fantastic.
I upgraded to iOS 9 with some naive idea that it might be faster with 9 than with 8. But alas, that was not the case.
No worries though, I've since acquired a Surface Pro 3 which is fantastic.
So far, no x.0 release *ever* focuses on stability and optimization, least of all iOS 9.0 !
Until last fall 2014, Apple was still selling the iPhone 4S, with just 8GB of all sizes and people are still paying it off on their 2 year plans right now. Coerced (mandatory if you want Genius service) upgrades have diminished usability of a phone still used by millions of people.
Only smug elitists would tell them to "just upgrade your phone". People might, if those devices would only cost $100, but
$500-$1200 upfront or thru a plan certainly justifies those users to complain about an unnecessary high depreciation rate as well as impeded functionalities.
Imagine car manufacturers updating vehicles' software every few months to the point that 1 year later, it accelerates less fast, guzzles more gas and every time it goes in for service, the sales guy comes over and tries to sell you the latest model for a $50 trade-in discount.
smh
Apple was today hit with a class action lawsuit (via AppleInsider) seeking over $5 million in damages for deceptive trade practices and false advertising. Plaintiff Chaim Lerman says that he and other iPhone 4s owners became unable to use their devices after upgrading to iOS 9 as the update "significantly slowed down" their iPhones and "interfered with the normal usage of the device."
According to the lawsuit, the plaintiffs were forced to either live with a "slow and buggy" device that "disrupts every day life" or shell out hundreds of dollars for a new iPhone.
The plaintiffs argue that Apple failed to properly warn iPhone 4s users that the update would "significantly interfere" with the performance of their phones. When Lerman and other plaintiffs upgraded their devices, they noticed a significant drop in performance in both third-party apps and basic functions like using the Phone app. Because Apple does not allow iPhone users to easily downgrade their device to a previous iOS version, the plaintiffs feel like they're forced into either using a slower phone or purchasing a new one.
Apple's advertising, the plaintiffs allege, does not mention the potential of slowed performance for iPhone 4s users, instead focusing on performance improvements. The lawsuit points towards Apple's iOS 9 website, which says the update brings "faster performance, improved security, convenient updates, and longer battery life." The plaintiffs argue that Apple must have known about the iPhone 4s' slower performance from internal testing or other means and did not warn users about potential headaches in their advertising.
This isn't the first time Apple has been accused of planned obsolescence, as the company was hit with a lawsuit in 2011 regarding the iPhone 3G and iOS 4. That case was thrown out by the judge who ruled the iOS 4 update was not a "good or service" and dismissed claims of false advertising and deceptive business practices.
Article Link: Class Action Lawsuit Accuses Apple of Crippling iPhone 4s With iOS 9 Update
Apple was today hit with a class action lawsuit (via AppleInsider) seeking over $5 million in damages for deceptive trade practices and false advertising. Plaintiff Chaim Lerman says that he and other iPhone 4s owners became unable to use their devices after upgrading to iOS 9 as the update "significantly slowed down" their iPhones and "interfered with the normal usage of the device."
According to the lawsuit, the plaintiffs were forced to either live with a "slow and buggy" device that "disrupts every day life" or shell out hundreds of dollars for a new iPhone.
The plaintiffs argue that Apple failed to properly warn iPhone 4s users that the update would "significantly interfere" with the performance of their phones. When Lerman and other plaintiffs upgraded their devices, they noticed a significant drop in performance in both third-party apps and basic functions like using the Phone app. Because Apple does not allow iPhone users to easily downgrade their device to a previous iOS version, the plaintiffs feel like they're forced into either using a slower phone or purchasing a new one.
Apple's advertising, the plaintiffs allege, does not mention the potential of slowed performance for iPhone 4s users, instead focusing on performance improvements. The lawsuit points towards Apple's iOS 9 website, which says the update brings "faster performance, improved security, convenient updates, and longer battery life." The plaintiffs argue that Apple must have known about the iPhone 4s' slower performance from internal testing or other means and did not warn users about potential headaches in their advertising.
This isn't the first time Apple has been accused of planned obsolescence, as the company was hit with a lawsuit in 2011 regarding the iPhone 3G and iOS 4. That case was thrown out by the judge who ruled the iOS 4 update was not a "good or service" and dismissed claims of false advertising and deceptive business practices.
Article Link: Class Action Lawsuit Accuses Apple of Crippling iPhone 4s With iOS 9 Update
I imagine this is the part that gets people the most upset. Even if Apple acknowledges an issue and offers a replacement device, you have to pay for it. For example, let us say the replacement cos t is $200. That's still $200 more than most people paid for it in their carrier agreement. Can't say I agree with all the business practices in the tech industry, but getting support for a device that is over a year old becomes an issue for a lot of customers in US.
Regardless, I remain curious why Apple does not allow rollbacks like they do for the Mac. They don't have to support the OS, but they could offer a rollback for customers that need to start over.