Class Action Lawsuit Accuses Apple of Crippling iPhone 4s With iOS 9 Update

[Jsameds]

That's a BS excuse considering I can always just go buy an old iPhone like a 3G which has that less secure version of iOS on it and even restore it to older versions that are less secure than that. I can get an old device where security patches aren't even available. Apple's not locking out restores on those and they sign iPhone OS 1.1.3 on the original iPhone even though 3.1.3 is the latest for it. It's something done at the user's own risk and people savvy enough to do an iTunes downgrade will be aware of these consequences.

It's not BS at all. Hey if you want to run the risk of running an older OS then go for it. It doesn't matter how or why you are doing it, it's still a risk.

And now you're saying you have to be tech savvy in order to do this so again that leaves your mom stuck in a pickle, doesn't it..?

 

[Deihmos]

I hope they win this case. I have experienced the same thing with the ipad 2 after updating the software it became so slow and there was no way to revert. I think it is their way of forcing people to update the devices.

 

[Leonard1818]

Ugh! you just can't win with these idiots. people love to see a successful company fail like a train wreck, just so they can say i told you so.

OR -- you know, maybe they have somewhat of a legitimate complaint. iOS 9 wrecked my iPad 3. Slow, choppy, lagging... never was like that under older iOS versions. I don't much care because I typically only use it to text people while I'm on a call with a client. BUT if it were my go-to device for browsing, gaming, and app use, I sure would hope that I could revert back.

I have a "backup" iPhone 5 that sits on my desk and is on 7.1.2 -- and is staying that way. It works just fine on this iOS version and should something happen to my iPhone 6, I can quickly swap sim cards into this one and be functional again without worrying about the lagging software slowing me down.

I'm not saying these people should get 5 million dollars... only that Apple should possibly re-examine their policy of not allowing people to use old iOS versions at their own discretion.

 

[I7guy]

If you read the articles, you'd see that all he asked for was $50.00 (Fifty Dollars) and a way to remove OTA download packages. It seems like he won or settled because Apple responded and actually made deleting the updates an option. I know you don't care because anything Apple does is perfect, but Apple didn't really have a defense for that ant they don't for this iPhone 4S one either.

I read the article and noted the 50 dollars. Now, if I don't care because you believe my thoughts are Apple is perfect, I think you're happy because you want the lawsuit to force the company into operating a different way. Some things the company should change, on other things they have every right to operate the way they want.

 

[Kar98]

Relevant.

http://www.smbc-comics.com/index.php?id=3970

 

[lkrupp]

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.

And the facts haven’t changed since then either. This lawsuit will be thrown out too.

 

[lkrupp]

Relevant.

http://www.smbc-comics.com/index.php?id=3970

Utter nonsense. Not relevant, just stupid.

 

[DoctorKrabs]

It's not BS at all. Hey if you want to run the risk of running an older OS then go for it. It doesn't matter how or why you are doing it, it's still a risk.

And now you're saying you have to be tech savvy in order to do this so again that leaves your mom stuck in a pickle, doesn't it..?

It's still BS to say I can't choose to take that risk in certain situations like having an iPhone 4 or 5 instead of a 3GS. Every iPhone should be able to restore to the last revision of each major version, including the first major version it shipped with, no exceptions. They allow the 3GS to restore to 4.1 but not the 4S to 5.1.1 even though 5.1.1 is more secure and arguably the best 4S experience. THAT is the BS.

I don't expect non-tech savvy people to be willing to downgrade with iTunes only because it has to be done by downloading IPSW files that may not seem easy. Apple could make it easy by offering versions to restore to on a simple list in iTunes but they won't unless they are forced to. If they get forced to do anything, it will be the bare minimum of signing older software.

 

[driceman]

It seems like Apple's primary goal right now is to get every person on the planet to get a device running iOS. Therefore, one would think that they would try and create the best experience possible for those customers. It would save them a whole lot of trouble with annoyed customers and lawsuits like this one if their goal had more to do with that and less to do with trying to force everyone to upgrade every year.

News flash: lots of customers like upgrading every year or two, but not everyone does. The goal with those customers should be to continue to provide them a great experience on their older devices, so when they do decide to upgrade, they've had a positive experience with Apple and aren't tempted to see if the grass is greener on the Android side of things.

Personally, I think Apple should stop supporting software updates on older devices sooner. Sure, maybe patch the old OS's for compatibility with the App Store and security vulnerabilities and such, but I feel like a good rule of thumb would be to not allow old devices to upgrade to the latest OS if Apple no longer sells that device. For example, right now any device with a processor before the A7 wouldn't be allowed to run iOS 9- meaning anything before the iPhone 5s, iPad Mini 2, and iPad Air 1. Then customers with the iPhone 4s or 5 would still have an okay experience speed-wise, but they wouldn't get the new software features, so they're encouraged to upgrade anyway.

 

[DoctorKrabs]

Utter nonsense. Not relevant, just stupid.

https://www.macrumors.com/2014/04/24/ios-6-facetime-fix/

Yeah, clearly.

 

[lkrupp]

Apple should allow users to download and install whatever iOS they want. I don't see this as a big problem for Apple.

Shear lunacy. Then iOS becomes the fragmented quagmire that is Android. Developers have to choose which version they develop for. If they want their apps to work for everybody then they have to code for the lowest common denominator or they exclude users running older versions of iOS. Then these same users scream bloody murder because the latest must-have app doesn’t run on their old device and obsolete version of iOS. What happens then? Yet another class action?

I don’t want Apple to be forced to dumb down their offerings to satisfy hardware luddites and the freetard class.

 

[dogslobber]

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 devices to a previous iOS version, the plaintiffs feel they're forced into either using a slower phone or purchasing a new one.

This lawsuit can easily be won by demonstrating three things.

1) iOS 9 v iOS6 on the same device is noticeably slower on the newer OS.

2) Show there is no way to downgrade to restore original functional state.

3) By not upgrading in the first place, the performance from iOS6 would not decay over time.

Apple could lose billions if class action is granted.

 

[Johnick]

Its all too easy for power users like us to say things like "what do you expect from a device X years old" or "buy a new (insert device here)", but try explaining that to the average user, or the old lady who only bought an iPad to Skype her kid who works abroad.

It is true some older devices get crippled by the latest iOS updates, iOS 7 destroyed the iPhone 4 until Apple eventually fixed it with 7.1.2, but there has been no update similar to this for older devices that supported iOS 8 and 9. I had an iPad 2 that I have now given to my Dad that turned into the most expensive picture frame I had after updating it to iOS 8, I was lucky enough to be able to downgrade it back to 7.1.2 while it was still being signed by Apple, and now it works fine again, but I shouldn't have to tell mt Dad "whatever you do, never update it!".

Also, the amount of complaints Ive heard from people with older computers who now cant sync their devices with iTunes anymore because they updated to iOS 9, and the latest iTunes needs at least Windows 7/ OS X 10.8 is insane. Again, power users like us aren't going to be using Windows XP/Vista or OS X 10.6/10.7, but there's plenty of people out there who keep their phones and tablets up to date because they care more about them then their PC/Mac.

Apple could/should do the following to avoid the bad publicity

1. Allow customers with older operating systems to downgrade their devices to 8.41. What do Apple have to gain from Window XP/Vista users having to upgrade their OS or even PC ?. El Capitan wont run on most Mac's prior to early 2009, they could buy Mountain Lion (if their Mac supports it), but how long will that stay relevant ?.

2. Allow all customers to download the last compatible version of an app from the app store without it being in your purchase history, or having to jump through hoops in iTunes to get it.

None of this would cost them a penny, its free good PR.

 

[I7guy]

https://www.macrumors.com/2014/04/24/ios-6-facetime-fix/

Yeah, clearly.

Old news.

This lawsuit can easily be won by demonstrating three things.

1) iOS 9 v iOS6 on the same device is noticeably slower on the newer OS.

2) Show there is no way to downgrade to restore original functional state.

3) By not upgrading in the first place, the performance from iOS6 would not decay over time.

Apple could lose billions if class action is granted.

then why was the earlier lawsuit tossed out?

 

[richardsonrs]

Those crooks need to pay for all they've put me through over the years..

~Sent from my iPhone 3G, 3GS, 4, 4S, 5, 5S, 6+

 

[I7guy]

Its all too easy for power users like us to say things like "what do you expect from a device X years old" or "buy a new (insert device here)", but try explaining that to the average user, or the old lady who only bought an iPad to Skype her kid who works abroad.

It is true some older devices get crippled by the latest iOS updates, iOS 7 destroyed the iPhone 4 until Apple eventually fixed it with 7.1.2, but there has been no update similar to this for older devices that supported iOS 8 and 9. I had an iPad 2 that I have now given to my Dad that turned into the most expensive picture frame I had after updating it to iOS 8, I was lucky enough to be able to downgrade it back to 7.1.2 while it was still being signed by Apple, and now it works fine again, but I shouldn't have to tell mt Dad "whatever you do, never update it!".

Also, the amount of complaints Ive heard from people with older computers who now cant sync their devices with iTunes anymore because they updated to iOS 9, and the latest iTunes needs at least Windows 7/ OS X 10.8 is insane. Again, power users like us aren't going to be using Windows XP/Vista or OS X 10.6/10.7, but there's plenty of people out there who keep their phones and tablets up to date because they care more about them then their PC/Mac.

Apple could/should do the following to avoid the bad publicity

1. Allow customers with older operating systems to downgrade their devices to 8.41. What do Apple have to gain from Window XP/Vista users having to upgrade their OS or even PC ?. El Capitan wont run on most Mac's prior to early 2009, they could buy Mountain Lion (if their Mac supports it), but how long will that stay relevant ?.

2. Allow all customers to download the last compatible version of an app from the app store without it being in your purchase history, or having to jump through hoops in iTunes to get it.

None of this would cost them a penny, its free good PR.

What bad publicity are you referring to?

 

[ike1707]

..At the very least, the only thing Apple would need to do is allow you to revert back to an older version of iOS. That would solve this whole issue for once and for all.

.....Just reverted my iPhone 4S back to iOS 6 a few months ago. It's one of the few devices that can do it (via jailbreak) and it's absolutely amazing how well it performs now.

At navigating the OS, it's faster than my iPhone 6 now....

Apparently you can. Just because they don't give you an official avenue to do it in doesn't mean there isn't a solution out there. It's more productive to look for said solution than point fingers anyway. Even if a person had to resort to a jailbreak, i believe it can be restored to the official system after that. Try googling it before you grab your torch and your pitchfork.

Apple customers used to complain about not being able to update outdated products, now they're griping about the effects of updating obsolete hardware?

All this is is an angry mob of complainers and a money grab. Give me a break.

 

[dogslobber]

How about suing Android manufacturers for neglecting to patch major vulnerabilities?

That means suing Google as phone manufacturers have an OEM license with Google to use Android. Sure, by all means sue them for failure to support older builds indefinitely through patching. The OEM license should force Google to patch older builds as the customer is not buying a time-limited device that is only functional for a specific period.

These type of lawsuits are the best thing for the tech industry as they force OS manufacturers to support and secure their Operating Systems. If I can use it then you better patch it. Not doing so is a crime.

 

[DoctorKrabs]

Shear lunacy. Then iOS becomes the fragmented quagmire that is Android. Developers have to choose which version they develop for. If they want their apps to work for everybody then they have to code for the lowest common denominator or they exclude users running older versions of iOS. Then these same users scream bloody murder because the latest must-have app doesn’t run on their old device and obsolete version of iOS. What happens then? Yet another class action?

I don’t want Apple to be forced to dumb down their offerings to satisfy hardware luddites and the freetard class.

We're talking about merely installing, not supporting. People who choose to go back to older versions will know the risks and lack of support. It won't even make any appreciable difference in adoption rates because people who will downgrade are an exceeding minority, but they should have the right to downgrade.

Android isn't fragmented because people are allowed to choose older versions. It's because they can't get newer versions since they're not even available. Android versions don't come out at the same time for all devices like for iOS devices.

 

[Johnick]

What bad publicity are you referring to?

Everything I mentioned in the first 3 paragraphs.

 

[DoctorKrabs]

Old news.

Does it matter when it happened? It proves the relevance of that comic perfectly because it's something that actually happened.

 

[Rogifan]

Shear lunacy. Then iOS becomes the fragmented quagmire that is Android. Developers have to choose which version they develop for. If they want their apps to work for everybody then they have to code for the lowest common denominator or they exclude users running older versions of iOS. Then these same users scream bloody murder because the latest must-have app doesn’t run on their old device and obsolete version of iOS. What happens then? Yet another class action?

I don’t want Apple to be forced to dumb down their offerings to satisfy hardware luddites and the freetard class.

This. It's simple to say let people downgrade but that's easier said than done. I think this will start to become a mute point as Apple's chips have vastly improved. They just need to up the minimum RAM to 2GB. And if this new iPhone 6C rumor is at all accurate it looks like that's what they're going to start doing in 2016.

 

[I7guy]

Everything I mentioned in the first 3 paragraphs.

Where is the bad publicity? There is none.

 

[I7guy]

Does it matter when it happened? It proves the relevance of that comic perfectly because it's something that actually happened.

Enough posters on the Internet and millions and millions of Idevices. Sure in someone's eyes there is going to be a fit somewhere.

 

[drlunanerd]

I'm finding the iOS 9.2 UI to run smoother on 32bit iPhones even compared to the 6S.

My current iPhone 5 runs like a charm on 9.2. Things like Control Centre are inexplicably smoother than two new 6S's and a 5S I tested, which seems crazy. I guess iOS needs more optimising for 64bit devices?

Been using a 4S on 9.2 over Christmas and was impressed at how well it now runs compared to earlier versions which most definitely did slow the phone down.