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Restore your iPhone. Get it evaluated and if necessary fixed, all under warranty. (Take it to another Store technician, as the one you saw obviously doesn't know the difference between temporarily invalidating your warranty and permanently voiding it.) Go back to using iPhoneDrive if you wish, bearing in mind you'll have to restore before having any possible future issues addressed by Apple.

When I went in the phone was fully restored and wiped clean.

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From the iPhone warranty:

"This warranty does not apply... (c) to damage causeed by operating the product outside the permitted or inteded uses decribed by Apple; (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a rperesntative of Apple or an Apple Authorized Service Provider"



And this is exactly the same wording used in the warranty for laptops and desktop Macs. Geepers, guess since I installed third party software on my MacBook, that warranty is invalid too...

Not.



And it specifies "damage caused by" and NOT "if any third party applications is installed, said warranty is voided".

In other words, there is a presumption that the warranty issue must be *caused* by the use of such third party software.


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When I went in the phone was fully restored and wiped clean.

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Well then not only h ave you comitted a sheer act of stupidity, you also pretty much erased your case for your suit.

As much as it bothers me to say it, I really don't have a problem with the hacking community at least pretending to play by the rules when trying to get around the warranty violations. Especially with 3rd party software. But when you go through all the steps to cover your tracks and then openly admit what you've done to an apple rep? You are either 1) a moron or 2) doing this on purpose solely to attempt to get this lawsuit going.

Also, take a look at the fact record you would be presenting to the court. You used iPhonedrive and syncing no longer works. You wiped your iPhone clean and (assumedly) syncing still no longer works. How in the world are you going to convince a judge that you didn't "tinker" with the phone then?
 
And this is exactly the same wording used in the warranty for laptops and desktop Macs. Geepers, guess since I installed third party software on my MacBook, that warranty is invalid too...

Not.



And it specifies "damage caused by" and NOT "if any third party applications is in stalled, said warranty is voided".

In other words, there is a presumption that the warranty issue was caused by the use of such third party software.


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So seeing as you are a law expert, are you a tech expert too? Do you know for a fact that using that software did not break your phone?
 
And this is exactly the same wording used in the warranty for laptops and desktop Macs. Geepers, guess since I installed third party software on my MacBook, that warranty is invalid too...

Nope. Apple fully supports 3rd party development for the full version of Mac OS X. They foresee that problems may arise from 3rd party apps. They also actually provide code to the developers so they know how to create their programs while not mucking up the computer. They do not for the iPhone.

And it specifies "damage caused by" and NOT "if any third party applications is installed, said warranty is voided".

In other words, there is a presumption that the warranty issue must be *caused* by the use of such third party software.

And that burden of proof is on you, not Apple. If you freely admit that you used unauthorized applications and then subsequently your problems arose, you're going to have problems proving that it wasn't iphonedrive's fault.
 
Seems to me that the OP was looking for trouble. The software in question runs on the desktop, not on the phone. At most he has third party data, not third party software "on" his phone. On windows, at leasst, you can "mount" the phone as a camera without any 3p software and transfer photos, so I'm assuming the software in question is based on similar inherent phone functionality.

If I was running this software and I needed a new cable and the apple store guy asked me if i was "running 3p software on the phone" i'd feel quite comfortable that i was being honest by saying "no." The OP already has a lawyer and a class action thread, however, so he has to make sure he actually gets "victimized" before he can sue.
 
What part of hack are people not getting?

I wonder if a couple of years ago people posted to razorphone.com and got a rebate and cried when updates erased the hacks on the then "it" phone.

I guess if apple made it then we somehow have a god given right to do whatever we want with it and then to ask apple to clean up the spilled milk once we break it.
 
And this is exactly the same wording used in the warranty for laptops and desktop Macs. Geepers, guess since I installed third party software on my MacBook, that warranty is invalid too...

Not.



And it specifies "damage caused by" and NOT "if any third party applications is installed, said warranty is voided".

In other words, there is a presumption that the warranty issue must be *caused* by the use of such third party software.


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Wrong. I'd like to buy you a vowel.......

As has been pointed out elsewhere, software is not covered by the warranty. Nor are you permitted to "modify" the software on the iPhone. You might want to read the SLA for the iPhone.

The warranty you reference covers the hardware only, which remains operational as pointed out in another thread: https://forums.macrumors.com/threads/361614/

So: You broke the SLA and now want Apple to save you? Why couldn't you have simply left the iPhone alone? If it didn't do everything you wanted, buy something else.
 
The OP stated that the phone was 'restored and wiped clean'. Uh....hey OP, if you didn't think you were doing something wrong, why did you restore and 'wipe clean' the iPhone before bringing it in?

Your lawyer friend that is telling you that you can sue is trolling for litigation bucks. He sees you as a big wallet. You see Apple as a big wallet. 99% of iPhone users who neither care about nor use third party software see you as a hacker.

Do i wish my phone would do more? You bet. Am I going to chance voiding my warranty or bricking my phone by using 3rd party software? Not a chance.

JMHO, how about you take some personal responsibility instead of threatening to sue everyone because of something YOU did?
 
You don't really know that. You're not sure exactly WHAT iPhoneDrive does, except that it lets you save files to a section of the flash hard drive on your iPhone.

I believe that it simply saves data as a media file, no different than putting a new song on. Clever, simple and effective.

It does not modify the phone or any code. The Apple Genius was no such thing.

The same technique has been used for years on iPods, which is why iPhoneDrive came out almost immediately.
 
According to the apple store, yes.

I and my attorney believe this is a breach of law, implied warranties, and a few others things.

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Let's be honest here, you and your attorney(if he even exists) are not going to do ****. Solely based on the fact that you come to macrumors to complain about it over and over. If you are that adamant about it, go do it and stop cluttering this forum with your drivel.
 
What part of hack are people not getting?

I wonder if a couple of years ago people posted to razorphone.com and got a rebate and cried when updates erased the hacks on the then "it" phone.

I guess if apple made it then we somehow have a god given right to do whatever we want with it and then to ask apple to clean up the spilled milk once we break it.
The real issue here, is that in the hacking community. There are those 1% who know what they are doing. These are the people that tinker, research and find the hacks. The other 99% are people like the OP who just hit next a few times without thinking about what is actually happening. The end result is all that they are concerned about. When the day comes that it's not longer a simple click next action, they generate threads like this. To bitch and complain and threaten to sue companies, on grounds that the are entitled to do whatever they want against the law.
 
The OP stated that the phone was 'restored and wiped clean'. Uh....hey OP, if you didn't think you were doing something wrong, why did you restore and 'wipe clean' the iPhone before bringing it in?

JMHO, how about you take some personal responsibility instead of threatening to sue everyone because of something YOU did?

Amen! Well said!
 
The real issue here, is that in the hacking community. There are those 1% who know what they are doing. These are the people that tinker, research and find the hacks. The other 99% are people like the OP who just hit next a few times without thinking about what is actually happening. The end result is all that they are concerned about. When the day comes that it's not longer a simple click next action, they generate threads like this. To bitch and complain and threaten to sue companies, on grounds that the are entitled to do whatever they want against the law.

He has not actually broken the law though.

The point is that you installed something on your phone that was not made by Apple and using a method that Apple does not support (after all they have not released an iPhone SDK so they have no idea how the third party company achieved what they did without viewing the source code).

Given the above, how on earth can Apple support a product that has been tinkered with without knowing what or how the company that produced the software has done.

It is common practice for companies not to support devices or software that have been tinkered with using unsupported methods because quite frankly anything could have gone wrong. The fact that you deny this so much just goes to prove your ignorance of technology as a whole.
 
JMHO, how about you take some personal responsibility instead of threatening to sue everyone because of something YOU did?

Personal responsibility is so 20th century. Sense of entitlement is where's it's at. :p
 
He has not actually broken the law though.

The point is that you installed something on your phone that was not made by Apple and using a method that Apple does not support (after all they have not released an iPhone SDK so they have no idea how the third party company achieved what they did without viewing the source code).

Given the above, how on earth can Apple support a product that has been tinkered with without knowing what or how the company that produced the software has done.

It is common practice for companies not to support devices or software that have been tinkered with using unsupported methods because quite frankly anything could have gone wrong. The fact that you deny this so much just goes to prove your ignorance of technology as a whole.
Unlocking a phone and adding a stupid NES emulator are two totally different things.
 
What part of hack are people not getting?

I wonder if a couple of years ago people posted to razorphone.com and got a rebate and cried when updates erased the hacks on the then "it" phone.

I guess if apple made it then we somehow have a god given right to do whatever we want with it and then to ask apple to clean up the spilled milk once we break it.

I didn't hack anything. I used a commercial piece of software which does nothing to invalidate the warranty as written, and certainly not as implied.

Whatever.

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I didn't hack anything. I used a commercial piece of software which does nothing to invalidate the warranty as written, and certainly not as implied.

Whatever.

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No. It seems you used software that invalidated your EULA/warrenty and now you are throwing the words "class action" around because it spilled some iphone's milk.
 
No. It seems you used software that invalidated your EULA/warrenty and now you are throwing the words "class action" around because it spilled some iphone's milk.

I doubt the software actually even invalidates the warranty or violates the EULA. I think the OP intentionally said the software "runs on the phone" when it doesn't, and the "mac genius" has no idea what the software actually is or does, so he took the OP at his word and assumed it DID run on the phone, hence invalidating the warranty.

The correct answer when the genius asked if the OP had 3p software running "on the phone" or had modified the phone is "no." The software runs on the desktop, not the phone, and doesn't modify the phone at all.

Looks to me like the OP was just trying to have his warranty invalidated so he'd have a reason to whine/sue.
 
I didn't hack anything. I used a commercial piece of software which does nothing to invalidate the warranty as written, and certainly not as implied.

Whatever.

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Just because a piece of software is commercial does not make it any less of a hack.

It uses unsupported techniques to do what it does therefore it is a hack.
 
You don't really know that. You're not sure exactly WHAT iPhoneDrive does, except that it lets you save files to a section of the flash hard drive on your iPhone.
I believe that it simply saves data as a media file, no different than putting a new song on. Clever, simple and effective. It does not modify the phone or any code. The Apple Genius was no such thing. The same technique has been used for years on iPods, which is why iPhoneDrive came out almost immediately.
Well, again... you "don't really KNOW that", unfortunately. The phone is structured in a very particular way. Why would it consistantly CRASH if more than 1 GB of information were copied onto it using iPhoneDrive? Sounds highly suspect if its just copying files. I've copied files onto my iPod Nano of at least that much. Also, its running a completely NEW and DIFFERENT operating system than prior iPods, right? What if the space it is copying into is reserved specifically for the system, and unless copied in a specific way, such transfers begin to generate an inconsistant state or degrade system performance? Who knows, right?

For instance, what if Apple employs a standard DEFRAG when it does a system update in order to avoid device performance issues. Personally, I'm amazed how quickly movies start playing... who knows what fragmentation over time could do to system stability?
If like me you thought that flash memory wouldn't be affected by fragmentation, then you'll find these results quite an eye opener.
http://tony72.googlepages.com/ppc_frag

I don't think its always as cut and dry as we'd like to think, even on something so basic as copying a file... and we're not even discussing the methodology behind mounting the device in the first place (if that's even an accurate description of the method). It's all hacking at the end of the day.

~ CB
 
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