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

[AbSoluTc]

First World Problem if I have ever seen any!

This thing should be thrown out! There are better things for the courts to ****ing rule on (oh, like the CISPA bill they ****ing passed recently). Can't believe people have nothing better to do. Get rid of that 4S that's 5 damn years old and buy a new/used phone and move on with life you piece of fudging brownie!

You want to really bitch about something? Go play with a Nexus 7 on marshmallow and get back to me. - 3 Years old and it's so laggy it's useless. The hardware is better than the 4S and it still runs like horse turds.

 

[LovingTeddy]

Can non-business customers who upgrade to Windows 10 downgrade to Windows 7?

Can I downgrade from Window 10 to Window 7? Absolutely. Microsoft literally provide you downgrade from Windows Vista to Windows XP, from Windows 7 to Windows Vista, from Windows 8 to Windows 7 and From Windows 10 to Windows 8.

3


To note that, you can only roll back without losing anything within a month. After that, you need do clean install. There is nothing stop you reinstall Windows 8.1, Microsoft does not sign Windows version and you do not have use stupid iTunes to reinstall OS.

 

[kring]

About time! Though disappointed for so little. Ios9 was the most blatant scam into forced upgrade purchasing. It destroyed my 5 & 4S and turned my iPad 3 into a paper weight. Ios9 was touted as a much needed performance improvement to ios8 and they end up halving the performance with forced updates that crippled older devices. It's definitely scum bag practice.

 

[LovingTeddy]

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

Same can be said for Apple not updating iPhone 4 to iOS 9? Is Apple neglecting to path major vulnerabilities? At least with Android, you have option to flash custom ROM with updates? Can you do that with iPhone?

My Moto G 2014 have not receive marshmallow update yet, but I flashed CM 13 with Android 6.0.1. Can you flash iOS 9 to iPhone 4? Nope, too bad, you should upgrade to iPhone 6S. With Android, I always have option to flash latest custom ROM.

 

[kellygeorge]

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

They don't allow this because older versions of the OS are vulnerable to exploits that will never be patched. They are actually trying to protect users and their brand by not allowing people to move back to a less stable OS.

 

[Rogifan]

Can I downgrade from Window 10 to Window 7? Absolutely. Microsoft literally provide you downgrade from Windows Vista to Windows XP, from Windows 7 to Windows Vista, from Windows 8 to Windows 7 and From Windows 10 to Windows 8.

Go back to Windows 8.1
"This option is only available for a month after you upgrade to Windows 10."

So what happens after a month? What if your machine is running fine for the first month or two but month three it really starts acting up. Can you still downgrade?

Same can be said for Apple not updating iPhone 4 to iOS 9? Is Apple neglecting to path major vulnerabilities? At least with Android, you have option to flash custom ROM with updates? Can you do that with iPhone?

My Moto G 2014 have not receive marshmallow update yet, but I flashed CM 13 with Android 6.0.1. Can you flash iOS 9 to iPhone 4? Nope, too bad, you should upgrade to iPhone 6S. With Android, I always have option to flash latest custom ROM.

Right because the average smartphone user is even going to know what a ROM is or how to update their device with one.

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

So you think Apple (and developers) should be forced to still be supporting iOS 6 because some people prefer that UI design?

 

[MacLC]

Nobody forced you to move to iOS 7.

No but generally they don't let you go back.
With my old 3G the upgrade to iOS4 was initiated by my friend's kid who did so while trying to take a picture of us.

Suing for money is a joke, but suing for equity or the opportunity to use the device as advertised on the box should not be a problem for anybody.

The problem with Apple's stance here is it is the same stance the government uses with demanding backdoors to devices; "you are only doing this under license" (of FCC, etc). Imagine if the government withheld FCC licenses for any device without a backdoor. It would be sad if the government used Apple's logic here (if they win the case) against Apple later.

 

[kazmac]

I may not upgrade my 6s past iOS 9 either. I like the idea of sticking with the OS the item came with until you upgrade, especially in terms of better performance. Not sure I'll be able to do with this my new iMac, but I'll hold out as long as I can there too.

Insofar as this lawsuit as much as I agree with the principle (after Mavericks, Yosemite and El Capitan made my 2010 iMac stupidly slow), they probably don't have a case given the previous trial.

 

[apolloa]

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

It is a problem as they do not release security patches in incremental updates like Android does, Apple only does it in iOS all round updates like iOS9, then 9.1, 9.2 etc etc. The entire infrastructure of iOS and the app store, because developers are forced to update their apps for the latest iOS versions or remove them from the store, for instance Bioshock..., is based on the user constantly updating.
It is a benefit and a flaw to the whole system, but more importantly a huge major monetary benefit to Apple, it's a lot cheaper to patch one iOS release then all of them.

 

[MacLC]

They don't allow this because older versions of the OS are vulnerable to exploits that will never be patched. They are actually trying to protect users and their brand by not allowing people to move back to a less stable OS.

So they are doing it "for users' own good". Now there is a slippery slope.

 

[_0x10c]

I wish my iPad 2 could go back to iOS 6. They literally destroyed the device forcing us to move to iOS 7 without the ability to go back. Biggest mistake I ever made was upgrading the iPad 2. Now it is a slow mess of crashes.

You weren't forced to upgrade your device. It was your choice.

 

[AustinIllini]

What happens when that software ruins your device? Too bad, so sad?

That's a pretty awful precedent to set. 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.

You go to a different company.

Apple has gotten significantly worse on the whole. We're all aware.

 

[AustinIllini]

Now THIS will be a story worth following. Will be looking forward to Apples response in court.

Apple could be found guilty of false advertising, it doesn't state anywhere that your device will run like poo after updating, and it also does NOT state you will not be able to roll back after 2 day's of the release of the new update.

What is Apple's claim, exactly?

 

[NovemberWhiskey]

http://www.theonion.com/article/toyota-recalls-1993-camry-due-fact-owners-really-s-50480

 

[HiVolt]

I wish my iPad 2 could go back to iOS 6. They literally destroyed the device forcing us to move to iOS 7 without the ability to go back. Biggest mistake I ever made was upgrading the iPad 2. Now it is a slow mess of crashes.

And that's what they should be sued for. Not able to go back.

It's a total crock and I don't know how they get away with it.

 

[AustinIllini]

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

The more realistic approach is to break the OS in two with one part being a number of services and the other being the GUI and all the new features. That way, you can update "Apple services" for your device without upgrading the OS.

The consumer loses in this case. Less and less devices will be supported on future iOS versions.

 

[Sevanw]

It's funny how the die hards who scream from the mountain tops how great Apple is with OS updates for older devices also say, "nobody forced you to update," once it's a known fact the older devices just end up being paper weights. I have always said, updates are so overrated. If your device is running just fine, don't update unless there's a problem that needs fixing or there's some major new improvement/feature. Not sure what the obsesssion is with wanting updates when all is fine. Now forcing you to download an update on your phone with an option to install is BS and a waste of space.

 

[Rogifan]

Wow the comments on this article are insane. The plaintiff has a case if they can find a way to compare the performance before and after updating.

It's great that Apple updates devices but they shouldn't do it at the expense of the devices slowing down.

They only have a case if they can prove Apple did it intentionally. Unless the lawsuit is specifically about being able to downgrade but I'm not sure how a court could force Apple to do that. Nobody is forced to buy an iPhone or update the software.

And that's what they should be sued for. Not able to go back.

It's a total crock and I don't know how they get away with it.

How they get away with what? Apple can do whatever they want with their hardware and software. No one is forced to buy it. And no where does Apple claim performance won't degrade over time.

 

[LovingTeddy]

Go back to Windows 8.1
"This option is only available for a month after you upgrade to Windows 10."

So what happens after a month? What if your machine is running fine for the first month or two but month three it really starts acting up. Can you still downgrade?



Right because the average smartphone user is even going to know what a ROM is or how to update their device with one.

Right, from Wikipedia: as of March 23, 2015, some reports indicate that over 50 million people run CyanogenMod on their phone. So 50 million people are all not average smartphone users? There are plenty average smartphone users learn how to flash ROM. And it isn't hard. There are tools do everything for you in one click, all they need to do is find right ROM for their model. As with CM, they can just go to CyanogenMod website download latest build, then use TWRP to flash it.

As Windows 10, after 1 month you need do clean install. There is nothing stop you reinstall Windows 8.1, Microsoft does not sign Windows version and you do not have use stupid iTunes to reinstall OS. And again, I do not think reinstall Windows 10 is hard as average day to day PC users install all the time.

 

[diegov12]

on't know, but after a clean install of iOS 9.1, my iPod touch 5g is on steroids.
Do a clean install people.

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

 

[ewkid]

Go back to Windows 8.1
"This option is only available for a month after you upgrade to Windows 10."

So what happens after a month? What if your machine is running fine for the first month or two but month three it really starts acting up. Can you still downgrade?

Not downgrade but you can pop in a Win7 DVD and do a fresh install. I should be able to fresh install iOS 8 on my 5S if I want to, but that is not allowed. Apple is big enough that they should be supporting a couple of releases of iOS with security patches. They do this for Mac OS without issue.

 

[apolloa]

What is Apple's claim, exactly?

All lovely wonderful new features, no mention of how it will significantly slow down older devices:

http://www.apple.com/uk/support/ios9/

http://www.apple.com/uk/ios/whats-new/#compatibility

http://www.apple.com/uk/ios/whats-new/

 

[Scottsoapbox]

To be fair iOS 9 slowed down all iPhones.

 

[HiVolt]

Yeah, no one physically force you upgrade. But when you need do service at Apple store, when your iOS 6 no longer functioning correctly or when you need to do DFU reset, users will have no option but upgrade. If this isn't forced upgrade, then what is?

Yeah, and iOS devices have very limited troubleshooting... If reinstalling the app doesn't work, the only solution is to back up & restore, which always forces an upgrade whether you like it or not.

 

[AustinIllini]

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

Slippery slope. The fact is, a lot of companies have to do extensive testing on their implementations.

At the end of the day, you, not software companies are responsible for your own security.