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

[beanbaguk]

No, it's not complicated. No company that wants to sell you something would intentionally make that something more difficult to buy. Apple wants the sale now, not some possibility of a future sale because the product looks "in demand" by being out of stock. How many lost iPad Pro sales have there been because the pencil and keyboard aren't in stock? Do you really think Phil Schiller told Jeff Williams to slow down production of the pencil because showing 4-5 week shipping delay makes the product look more desirable? Dude, you seriously need to remove that tinfoil hat.

With respect, you still have no idea of what you're talking about. Restricting supply increases demand as it increases demand for something that doesn't yet exist physically. Insane people will queue for something if they believe there is limited demand for something that has been hyped.

It's standard marketing practice and this is what I do for my job, albeit in a different way.

If you want another example, take the PS2. Sony had "manufacturing issues" and weren't able to supply enough units in the week it launched. However, it was all about creating demand for a new product. Units were shifting for 3-4x the RRP and people were clambering to get their hands on it.

It's just what big corporations do. No tin-foil hat is needed.

 

[Johnick]

I have a 5th gen iPod touch as well running 9.2, I only use it for listening to podcasts, which its barely able to do. Seeing as its so similar to the iPad 2 and iPhone 4s in spces in Spec's, i hope 9.3 has some serious improvements.

 

[Kountryguy]

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.

Allowing folks to "downgrade" their iOS would basically result in exploits and security holes... A lot of updates contain security for users and with people running the latest OS, Apple is effectively fighting any chance of hacks etc. As others have said, you don't HAVE to upgrade - but its an option and you know the risks on both sides of the field ...

 

[cycomiko]

What a joke


Apple crippled the iphone 4S with ios8

 

[iGeek2014]

Yeap, and hence why I think this case has some meat to it. Apple will I think find it challenging to defend this one.

As I posted earlier on in the UK (and Australia?) Apple had their knuckles rapped for selling the iPad 3 as WiFi + LTE when LTE was only available in the US & Canada.

I'm surprised the ASA (Advertising Standards Authority) in the UK haven't picked up on this has they banned Apple's adverts for the iPhone when it touted a full web experience (despite it not supporting Adobe's Flash, for example).

A simple disclaimer on that page (or any other referring to improved performance in iOS 9) saying: Metal is available on iPhone 5s and above or: Upgrading to the latest available software may impact on your day to day performance would've sufficed.

Usually I roll my eyes when I see people bringing lawsuits to these big corporations but this time I agree that they have a claim.

Obviously installing the latest updates figures for obvious reasons such as security and fixing loopholes but it should never come at a cost to the consumer.

Sure it's great Apple support devices that other manufacturers would have ditched long before now.

 

[David_MA]

Well, let's see if I can make a point here...

First: when you pay for your phone, an iPhone, you also pay for the iOs updates (it's not cheap, you see. In my view, I am paying for security, ie the updates - that's why -I- do not buy an Android phone).

Second: Apple should be more careful - if they release an iOs update for an older iPhone version, they should note what hardware they're dealing with. I remember that in a Windows OS (don't recall which iteration), the user had the opportunity to deactivate certain video property or the OS itself was able to tell if the machine could handle it or not to prevent glitches, slowing down.

Third: like we all know, rolling back to an older iOs version, as of this time, is not normally possible. Apple could let who wants to do it and insert a warning about no longer supporting that version.

And I do see a case, yes, of course. Apple should optimize their hardware/software, like they always do, to meet the standards we are used to. If it slows the heck out of my iPhone, it's the company fault.

 

[sracer]

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.

I've already addressed the points you raise here. They're nothing more than tired old straw men.

As for "hardware luddites" and "freetard class" I'm puzzled as to why you feel the need to respond emotionally to the issue.

 

[I7guy]

Not flawed at all, you simply think you understand my requirement based on a single post...
I know my requirements, at no point do i EVER need or desire to edit movies on mobile phone, i'd also wager most other people are the same. If and when i want to edit photos or videos i will bring them onto a more appropriate device such and my i7 rMBP.

What is true and part of this topic and not open to opinion or usage patterns is that iOS worked fine on release of the 4S if thats your device of debate, but right now with iOS 9 running the same apps and same usage pattern its basically not usable... Those Apps still have the same performance requirements in general terms, the issue is the bloat and underlying OS thats on the phone. So you have to ask yourself why...

I'm using the iPad 2 and am very happy the 5year old device got an update to 9.2 and works nicely in conjunction with my 6s.

 

[andrew.cignoni]

.

 

[cycomiko]

Allowing folks to "downgrade" their iOS would basically result in exploits and security holes... A lot of updates contain security for users and with people running the latest OS, Apple is effectively fighting any chance of hacks etc. As others have said, you don't HAVE to upgrade - but its an option and you know the risks on both sides of the field ...

cept when you are all but locked from the app store as all new apps require the newer operating system...

 

[dampfnudel]

I recently got a iPhone 6s and for about a day I had to use my 4S which I decided to keep when I bought my 5s two years ago. It was my first iPhone and it had joined my Apple "museum" along with my first iPod (2003, 3rd gen, 15GB). It runs iOS 9 and those few hours I used it were a little rough with slow-downs, a bunch of crashes, etc. I think Apple should only give a iOS device the next full iOS upgrade if performance remains reasonable. I think most iOS devices can only handle two full upgrades and continue performing the way most of us expect. It's possible the A9 with 2GB of RAM in my 6s may be able to handle 3 full upgrades and continue performing well, but who knows?

 

[justperry]

Seems to me there really IS a problem, 537 posts and counting, hope Apple lets people downgrade to a former OS if they lose this one.

 

[andrew.cignoni]

If they would allow people to downgrade to an older version of iOS none of this would be an issue. What is the problem with them refusing to let people downgrade? It must be nice to have an unlimited cash flow to buy the newest devices as soon as they come out like some people on here. These 'relics' of devices still worked fine until the 'latest and greatest iOS' wrecks them. There is at least a case for letting people downgrade. I don't think Apple should have to shell out money to affected users, just stop the practice of leaving people stuck with an iOS that significantly negatively affects their device.

 

[I7guy]

Seems to me there really IS a problem, 537 posts and counting, hope Apple lets people downgrade to a former OS if they lose this one.

There are 537 posts, with some MR users with multiple posts.

With 537 posts out of millions and millions of users, how do you know there is a problem.

 

[Act3]

Allowing folks to "downgrade" their iOS would basically result in exploits and security holes... A lot of updates contain security for users and with people running the latest OS, Apple is effectively fighting any chance of hacks etc. As others have said, you don't HAVE to upgrade - but its an option and you know the risks on both sides of the field ...

Why not provide security patches to older versions ? If #2 can do it, I'm sure #1 can.

 

[redheeler]

Allowing folks to "downgrade" their iOS would basically result in exploits and security holes... A lot of updates contain security for users and with people running the latest OS, Apple is effectively fighting any chance of hacks etc. As others have said, you don't HAVE to upgrade - but its an option and you know the risks on both sides of the field ...

There are obvious risks associated with running an older version, of course, lack of security updates and diminishing app compatibility. But many users are willing to make the tradeoff, and simply letting users try out iOS 9 and downgrade back to iOS 8 if they don't like it would be a nice thing to do, and may even push more users toward iOS 9, as they know the downgrade option is available.

Apple could also continue to support iOS 8 with security updates just as they do with OS X Yosemite on the Mac, but that would probably be asking too much.

 

[AFEPPL]

Why not provide security patches to older versions ? If #2 can do it, I'm sure #1 can.

But that would interfere with marketing claims of the most used mobile OS...

 

[dannyyankou]

ok, we paid a macbook pro priced iphone 3 years ago (4 years at day zero) and now we expect it to work properly?? this is insane!!!
we should buy the new one every single year

In what world is the iPhone the same price as a MacBook Pro for you? And iPhones usually have a good 3 years of solid performance.

 

[pdaholic]

I have a 5th gen iPod touch as well running 9.2, I only use it for listening to podcasts, which its barely able to do. Seeing as its so similar to the iPad 2 and iPhone 4s in spces in Spec's, i hope 9.3 has some serious improvements.

Totally with you. I love my iPod touch, but with ios9 it is super slow to even web surf. I bought a touch 6 because I couldn't take it anymore (Apple wins). I jail broke it so I won't get anymore annoying pop ups to update. It's fully functional as is, and I won't make the mistake of upgrading the Os again!

 

[justperry]

There are 537 posts, with some MR users with multiple posts.

With 537 posts out of millions and millions of users, how do you know there is a problem.

Must admit there are multiple posts from people, but, I do own a 4S and it's not a good experience anymore, thought about buying a new iPhone, but why should I, this 4S is still in perfect working order, except the OS (9) is slow like molasses.
I will probably downgrade to iOS 6 this weekend.

 

[apolloa]

As I posted earlier on in the UK (and Australia?) Apple had their knuckles rapped for selling the iPad 3 as WiFi + LTE when LTE was only available in the US & Canada.

I'm surprised the ASA (Advertising Standards Authority) in the UK haven't picked up on this has they banned Apple's adverts for the iPhone when it touted a full web experience (despite it not supporting Adobe's Flash, for example).

A simple disclaimer on that page (or any other referring to improved performance in iOS 9) saying: Metal is available on iPhone 5s and above or: Upgrading to the latest available software may impact on your day to day performance would've sufficed.

Usually I roll my eyes when I see people bringing lawsuits to these big corporations but this time I agree that they have a claim.

Obviously installing the latest updates figures for obvious reasons such as security and fixing loopholes but it should never come at a cost to the consumer.

Sure it's great Apple support devices that other manufacturers would have ditched long before now.

Yes, I am British and live in the UK so am surprised to see the things they promote and advertise on their website, if this case gets to court it will be interesting to see what happens, they have been slapped hard a lot across Europe this year for mis-selling and falsely advertising it's extended Apple Care warranty.

In what world is the iPhone the same price as a MacBook Pro for you? And iPhones usually have a good 3 years of solid performance.

So what do you tell all those iPhone 6 Plus users whose devices were reduced in performance by the iOS 9 update? You don't expect Apple to launch an iOS update that will break your phone that costs MORE than a Mac Laptop, (Here in the UK the 128GB iPhone 6S Plus is more than the base level 11" MacBook Air)

 

[Zirel]

A while back I heard of a small group of ex-Apple employees that has been compiling conclusive evidence of deliberate NOP or "NOP-like" insertions into iOS kernel code, which are enabled at business-strategic controlled timing and distributed in an imperceptible manner with plenty of engineered plausible deniability. Of course you can imagine the consequences if this is ever proven in court. But if any commercial company has the impenetrable infrastructure of secrecy protocol to pull off something like strategic OS slowing, we all know it's Apple.

My personal take on it is that while there may not be deliberate things like NOPs or "if this is an iPhone 5, slow it down 60% when the iPhone 6s comes out" code, I have personally seen enough suspicious evidence to make me start to suspect that, somewhere in the engineering process, there is some group which specifically engineers the slowing effects of updates and new "features" on older equipment. After all, is it not vital to Apple's business model that everyone keeps buying a new one every year or two?

Cool story.

But it's made up, and this is another case that will result in nothing.

 

[Zirel]

Must admit there are multiple posts from people, but, I do own a 4S and it's not a good experience anymore, thought about buying a new iPhone, but why should I, this 4S is still in perfect working order, except the OS (9) is slow like molasses.
I will probably downgrade to iOS 6 this weekend.

It's not iOS 9, it's your phone that's more than 10x slower than an iphone 6s, e.g.

 

[chuckd83]

Yes, Apple needs to allow us to use an OS that works. I upgraded from iOS 6 to 7 on my iPad 2 because they discontinued service to facetime without doing it. It has lagged ever since. I try updates to see if it makes it better and it's always worse.

 

[kenl]

Oh good grief what a stupid lawsuit. I have a 4s (it's my only phone too) and yeah it's real slow but the thing is ancient compared to current technology. Hey, it doesn't use Apple Pay either, I can sue Apple AND Bank Of America...