Considering legal action... Just because I can.

Discussion in 'iPad' started by Ssmyser, Oct 9, 2016.


Does Apple intentionally diminish their products with IOS upgrades?

  1. Yes.

    15 vote(s)
  2. No.

    80 vote(s)
  3. Maybe.

    7 vote(s)
  4. Only when they introduce a newer product.

    5 vote(s)
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  1. Ssmyser macrumors newbie

    Oct 9, 2016
    I'm very seriously considering suing apple over ruining my ipad II with an update. It was perfect before upgrading to 8.0. , and now its laggy, takes seconds for keyboard and keystrokes to register, etc. As you can see from my typing and puncuation, ive already turned off every feature including spellcheck in hopes of making it a little faster. Ive tried all the internet 'cures', resetting, and deleting all pictures, videos, etc. So dont bother sending me more suggestions, its too late now. Once i set my mind to something, it CANNOT be changed. In fact, thats one secret of success I would share with you: If you are SURE about something, you must be UNCOMPROMISING.

    THE FACT IS THIS: Apple has done this on purpose to force people into the next new product. So i bought an ipad air, (just as they hoped), and now it too is NAGGING ME DAILY TO UPDATE IT. You can bet your ass im going to keep hitting "remind me later" (the only good option), and prevent them from ****ing this one too.

    THE MOST IRRITATING THING: Is that many people have this very same issue, and apple refuses to address the issue, or even reply to posts ON THEIR OWN WEBSITE. I doubt they even monitor their own forum.

    IF I OWNED A BILLION DOLLAR COMPANY: you can bet that same ass of yours that i would hire at least one nerd to troll my own website and provide feedback on how people are getting along with my product.

    I DONT, BUT I DO HAVE MONEY AND A LAWYER ON RETAINER: and sometimes i will have him write nasty threating letters just for fun. Thats right friend, sometimes I will sic him on people just because Im annoyed. This has become one of those instances.

    JUST LIKE YOU im tired of seeing people duped out of their money by big companies. Its getting worse every year too. Insurance companies deciding what meds you can take, doctors being wooed by drug companies, politicians promising change yet providing none once they get in office. Its all a big circle of deceit.

    YOU DONT BELIEVE HOW SINCERE I AM? NEITHER DID WALMART. LOL. Remember back in the 1990's when Wal-Mart used to spout: "WE BUY AMERICAN WHENEVER WE CAN, SO YOU CAN TOO" Do you remember that advertising campaign? They had banners at the entrance to theirs stores depicting a small (insignificant) company (in some insignificant place) where "X" amount of jobs had been created because Wal-mart was selling their product. Wal-Mart TRUMPETED those false claims for almost two whole years before someone made them stop. How do I know?

    BECAUSE THAT PERSON WAS ME. Thats right dear reader, i was able to successfully identify the same person (sometimes persons) in the different (fake) company photos with different background locations. When my little discovery was brought to their attention, they sure did start singing a different tune. All those signs came down overnight and you NEVER heard that slogan again. Im laughing right now, not just because Im kind of an *******, but because everyone that believed them are too. I challenge you to go into Wal-Mart today and NOT buy something made in China.

    NOW MY FRIEND that you've read my venomous tirade, (probably because you took a ****ing from apple and didnt like it), I invite you to contact me if you would like to join this cause. You won't have to appear at anything, it won't cost you anything, just a word about your dissatisfaction involving your product. Please limit your comments to IOS updates intended to diminish the quality of your product.

    Thank you, and remember that my spellcheck and puncuation has been off and I cant actually see what Im typing until a few seconds later. -S. Smyser
  2. blaine07 macrumors 68000

    Nov 14, 2014
  3. bensisko macrumors 65816

    Jul 24, 2002
    The Village
    No. Apple might have nagged you to upgrade (and, sure, I wish you could shut that off), but you CHOSE to upgrade. Apple owes you NOTHING. There is no way you should be expecting your old computer to be running at peak efficiency with a current operating system.

    Go ahead and sue - you really have no ground to stand on and your day in court will be shorter than a traffic ticket.
  4. Ssmyser thread starter macrumors newbie

    Oct 9, 2016
    Except for one caveat mentioned under the fair business practices act regarding the "definitions of a reasonable expectation of solicited goods or services". You might read your agreement next time before clicking the "I agree" box. LOL. It's a pretty big door left open to interpretation. For example: just using the words 'upgrade' and 'update' suggest "an anticipation of an improved product or service". That is an easy point to win.
    But regardless, I don't plan on winning. That should never be your objective. My win could be as simple as forcing a response (negative or positive) from them. Acknowledgement itself is a win. An apology is a win. Usually, (like Wal-mart) they just want the problem to go away quietly, and will settle quickly (usually just a promise to cease and desist a certain practice). Thats a win too.
  5. joeblow7777 macrumors 603

    Sep 7, 2010
    I stopped reading after iPad 2.

    Instead of suing Apple just because you can, if you don't like it, why don't you buy a competitor's product? I'm sure you will enjoy the longevity of Android tablets.
  6. iPhone1 macrumors 65816


    Apr 2, 2010
    San Diego, CA
  7. GizmoDVD macrumors 68000

    Oct 11, 2008
    Complaining about a 5 year old product? Haha. Ok.

    Spend $200 and buy an iPad Air or something and enjoy it. No one cares that something that has been OELed for so long doesn't work perfectly on a newer OS.
  8. laudern macrumors 6502a

    Jan 5, 2011
    Ipad 2 lives matter!

    Plus, I think the OP is the very definition of what people outside American see as your typical, lawyer happy/sue everyone, person. Congratulations for being the stereotype.

    Oh ****! Is what I said considered slander???? Perhaps I'll be receiving a nasty letter soon?!!?
  9. Superrjamz54 macrumors 6502


    Dec 4, 2015
    I heard they have hired a person that's about to take you away to the funny farm where you will spend the rest of your life in a 6 foot cell with bright lights shined at you for 24 hours a day.
  10. sracer macrumors 604


    Apr 9, 2010
    Apple's reminder of the existence of an iOS update is overly aggressive IMO. When iOS 10 was released, I was greeted with multiple daily reminders on my iPhone SE and 12.9 iPad Pro. It was a nuisance to continue to dismiss the dialog.

    It used to be that there was only a red notification bubble with a white "1" on the Settings icon that burned a hole in your soul like the eye of Sauron. But these reminder pop-ups are very intrusive.

    Apple should provide a setting to suppress notifications and reminders for updates. Sadly that won't happen because Apple wants a forced-march for everyone to upgrade. Along with that, they should provide a way to downgrade to a previous level of iOS. Again, not something Apple will do.

    The only recourse is to switch to another ecosystem.
  11. Superrjamz54 macrumors 6502


    Dec 4, 2015
    Good enjoy Android. Where every app is a phone app. You won't have to worry about updates. Their tablets hardly ever get one. Problem solved. Bye bye. Good riddance. See ya
  12. sracer macrumors 604


    Apr 9, 2010
    Where did I say that I was leaving the iOS ecosystem? It may be difficult for you to understand but it is possible to acknowledge the reality of the situation and deal with it.
  13. masotime macrumors 68020


    Jun 24, 2012
    San Jose, CA
  14. Shirasaki macrumors 604


    May 16, 2015
    Long story short: we hate force update.
    In android, this is another opposite: we barely get any software updates.

    Well, heard of recent touch diseases? There is a class action law suit against Apple. If user cares a lot about force update, there will already be multiple class action law suits against Apple on it. But we rarely realise one.

    Oh, if you know the trick to download tvOS beta profile to block software update for up to a year (maybe), maybe you could save a lot of time writing this lengthy post here.
  15. FeliApple macrumors 65816


    Apr 8, 2015
    This is entirely true. I keep my iPad Pro on iOS 9 as I do not trust my slow Wi-Fi and it is annoying. (Updated previous iPad 4 and it was as bugged as it could be. A full restore did not fix it. )
    Every single day it prompts me to update. I would like a way to cancel. I also have an iPod Touch 5G on iOS 6 and I just have that 1 on settings and that's it. I just ignore it and that iPod will live forever on iOS 6.
  16. Kal-037 macrumors 65816


    Apr 7, 2015
    Depends on the day, but usually I live all over.
  17. Eric5273 macrumors 6502a

    Apr 12, 2009
    New Jersey
    Here is something I learned a long time ago and it applies both to computers and iOS devices....

    When Apple or Microsoft release a new version of the operating system, they always list certain minimum system requirements, which are the bare minimum needed to run the new version of the OS. Just because the computer/tablet/phone CAN run the new OS, does not mean it will run at a good speed. So if your device just barely meets the minimum requirements, I would think twice about upgrading the OS.

    When iOS 8 was released, I believe the iPad 2 was the oldest iOS device that was eligible for the upgrade. Therefore, technically, it just barely met the minimum requirements. I would have opted NOT to upgrade.

    Either way your device was going to get slow, whether or not you upgrade the OS. Because the apps are going to be updated over time, they will become more complex and need more processing power to run them. They may work with the older OS, but they will not work as well or as speedy. Also, websites become more and more complex and use newer web tools. You need the newest web browsers to load many sites, and if you are running a 2 or 3 year old web browser, many sites will be slow to load, or may not load at all.

    Last year I took out my old first generation iPhone (yes, it still works!). It is running iOS 2.1. I tried using Safari over Wi-Fi, and while I was able to load some simple pages, most websites that I use would not load and after a minute or two of attempting to load them, Safari would crash and I'd be back at the home screen. That is not Apple's fault. That is technology moving on.
  18. Andy847 macrumors regular


    Mar 17, 2016
    Chicago Suburb
    I agree with the above statements. It's the natural process with electronic devices. The technology gets better and better faster now, so it's hard to keep up with it with older devices. There are some ways around it. My original Note 10.1 tablet didn't get anymore updates and I was unable to use certain apps on it, so had to root it and put a custom ROM on it, which was all new to me. It still is working with no problems. If I didn't do that, it would have been left in the dust by technology and Samsung in my Opinion abandoned it. I can't sue, and yes it does suck what the manufacturers are doing, but what can you do.

    Besides, I think you agree to the terms and services by Apple when updating your device. While I never read theses long things, and I'm sure most people don't, I'm pretty sure Apple covers their A**es in that part. So I doubt you have a legal leg to stand on. Only way to change it, is for everyone to let them know they are unhappy about it and not buy anymore Apple devices. That most likely will not happen, so we deal with what we have to.
  19. rhyzome, Oct 9, 2016
    Last edited: Oct 9, 2016

    rhyzome macrumors regular

    Apr 2, 2012
    I want to get involved.

    These things are worth fighting for.

    A company with the expertise and financial resources of Apple clearly has the technological capability to maintain or even improve the performance of (nearly) all of its devices with software updates but sometimes, I believe, deliberately chooses not to. It does so at its own peril and in a way that threatens the public good and national security.

    If, based on their experiences with the performance of their devices following updates, large numbers of persons choose not to install Apple's software updates with the expectation that withholding from updates will maintain their device's performance, large numbers of devices will fail to receive security updates.

    Cyberterrorism is a major threat to national security.

    The vast collection of Apple devices used in this country constitutes a nation-wide infrastructure which can protect us from--or systematically make us vulnerable to--cyberterrorist attacks.

    In the name of national (cyber-)security, Apple has an obligation to ensure that updates are experienced by the end user as something that enhances the device's performance. Failing to do so encourages the maintenance of an infrastructure that "doesn't hold water". That's OK when we're talking about a few gameboys or other "toys". However, as a whole, the collective of Apple devices in use in this nation comprises a national infrastructure susceptible to a new real threat: cyberterrorism.

    The (quite flawed) question of whether or not it is technology's "nature" to "progress" (as some objecting forum members say) in a way that involves dropping support for particular devices or decreasing their performance with software upgrades isn't relevant here. Technology, however, doesn't necessarily progress autonomously; perhaps people construct technology, be it a bridge or a dam or an iPhone, based on and in response to social values. What is important for the argument is the actual culture surrounding the use of the devices. (And we can be sure plenty of "vintage" devices are recycled in use, resold and reused many times for many years after they are "technically obsolete". Especially in the developing world. And that many people decide not to upgrade those devices' software out of fears that doing so will make them slower) When we say that technology just "evolves" with these "effects" and "consequences", when we say that a device "is" "technically obsolete", when we say that this is "just the way things are", we apologize for and legitimate a contingent social order that is not neutral. We accept an unequal--and perhaps unjust--delegation of responsibility. We are blinded by a technological determinism.

    You don't even have to be technically correct that Apple actually causes decreases in device performance with updates for this argument. You only need to show that users experience software updates as slowdowns and/or have come to expect decreases in device performance to follow software updates. Apple has an obligation to change that user experience to protect the nation's personal-device-infrastructure or it is making a large part of the nation's economic engine susceptible to terrorist attacks.

    Tell that to your attorney, and don't forget to credit your humble friend, rhyzome!
  20. bensisko macrumors 65816

    Jul 24, 2002
    The Village
    I totally agree - I wish the upgrade notification system was less of a nuisance - if for no other reason, even if I want to upgrade it might just not be a good time to have my device out of commission for 20 minutes (and have it upgrade over night is not necessarily a good idea because if something goes wrong, I won't have access to my device when I need it in the morning).

    Having said that, no matter how annoying it's still my call when/if I upgrade (unlike some forced Windows 10 upgrades).
  21. Gav2k macrumors G3


    Jul 24, 2009
    Microsoft, intel etc etc the list goes on. Some say the same as you op.

    Where i believe you've just got to move with the times.
  22. bensisko macrumors 65816

    Jul 24, 2002
    The Village
    No, it's not. If you want to act like a child and pretend you don't know how technology works, that's your business, but I wouldn't count on "Apple made my old computer slow with their update and I'm innocent because I don't know these things work" to be an excuse in a court.

    Then you're nothing more than a troll with more time and money than sense and an ego to match. All you're really doing is clogging up the courts with a useless case and feeding lawyers money.

    If your ego requires a win like you mention (that doesn't involve actually winning a case) I have news for you - Apple (or any other company) can be found guilty, and pay without ever acknowledging any wrong doing. Even if you "win" the case, doesn't mean Apple will apologize or even ackowledge you or your problems. In fact, the most likely scenario is that Apple will send it's lowest level lawyer to hear the judge throw the case out without breaking a sweat or even looking in your direction.

    IF you were serious and wanted acknowledgement, and you think you actually have a good reason to be mad, the better way to go about it would be to try and get publicity about it. Create a YouTube video with multiple users interviewed, examples, and stories about how this ruined people's lives. Spend the money on a professional filmographer and a marketing firm to make sure the video goes viral. You have a FAR better chance to get an acknowledgement from Apple with trending bad publicity than a lawsuit in which every Apple and technology blog, if they bother reporting on it at all, will call out as a frivolous lawsuit.
  23. Gypsy36 macrumors regular

    Mar 23, 2013
    Winning= paying a lot of money to a lawyer for an apology.

    Alrighty then.
  24. pika2000 macrumors 601

    Jun 22, 2007
    You had some interesting thing going until this. So you like telling a lawyer to write nasty threatening letters just for fun? Oookay. Credibility out of the window then. Sorry.
  25. Akack macrumors 6502a

    Mar 5, 2011
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