Become a MacRumors Supporter for $50/year with no ads, ability to filter front page stories, and private forums.
Because we dont have the full story maybe? The judge may (probable does) have different facts in front of them. Maybe the plaintiffs lawyers sucked? I dont know. But just because you and I disagree with a ruling doesnt automatically mean everyone else is corrupt.

Because of the following..


Apple […] discovered that two of the three plaintiffs in the case had gotten rid of their old iPhones after they filed the suit against Apple. They are thus unable to demonstrate whether texts sent to their phone numbers went to their Apple or Android devices, Apple claimed. One of the plaintiffs also previously asked that she be dismissed as a “named plaintiff” in the case.

The three plaintiffs were a husband, wife and family friend. Judge Lucy Koh dismissed the case in a single-paragraph order.

Seems the plaintiffs were the problem.

Most cases I find to be a waste of time , though this was not a small issue, and the time it took to resolve, warrants scrutiny. We are talking 2 years....
 



imessage_ios72-250x294.jpg
U.S. District Judge Lucy H. Koh has dismissed [PDF] a lawsuit against Apple over a long-standing issue that prevented some former iPhone owners who switched to Android smartphones from receiving text messages from other iOS users, as reported by Business Insider.

Koh originally ruled against granting the lawsuit class-action status, because it was not clear enough that all Android smartphone switchers were actually affected by the issue, but a trio of plaintiffs Adam Backhaut, Bouakhay Joy Backhaut and Kenneth Morris persisted with their case.Apple launched a web tool in November 2014 for users to deregister their phone number from iMessage in the event they switched to a non-Apple device, and Koh ruled that Apple would face a federal lawsuit over the issue just two days later. As of Koh's ruling on Tuesday, however, all lawsuits against Apple related to the matter have come to a close with no punitive damages against Apple.

Article Link: Judge Dismisses Android-Switching iMessage Lawsuit Against Apple
 
I like apple and have a lot of their stock. But I had a friend who switched from iPhone to an android (specifically a Samsung s5 iirc) and had this issue. Apple was no help. He did exactly what Apple told him to do including turning off iMessage before even getting the new phone, etc.

It took him having people deleting all references to him on their phones and a number of other steps to make it work right again. We tested all fixes people on the net proposed while together eating lunches. So I know what he did and didn't do.

I think this lawsuit should have moved forward. If nothing more that to see if Apple truly did what they could to make it right or maybe they dragged their feet because it was people leaving Apple.
 
The fact that Apple had trouble getting a service working reliably does not mean that they broke the law.

The assertion in this case implied that Apple deliberately singled out some Andriod switchers to break their messages. The judge saw through this.

Perhaps searching the Internet is not an accurate gage for how serious a problem really is. In the end only three persons brought this claim against Apple - all from the same family!

2 years, for one of the biggest tech companies that prides itself on things just working, is stretching it.

Most people I know got around it by turning iMessage off, probably why for most it became a non issue
 
I think there was a suspicion among some that this was an intentional strategy by Apple to "encourage" Android users to switch, so their Apple friends could receive their text messages. Rubbish.

However, I must say that getting texts to my Android-using friends is still a dodgy affair.
 
Don't people have to turn off iMessages? I thought it was as easy as turning off the send/receive on a phone number...?

It's actually a bit messier. I got lucky when i switched away a few years ago, I switched off iMessage on my iPhone before changing phones, but it still screwed up my texts. Then I found out that sometimes you had to also disable everything in iCloud, and then it started working, but I know people who gave up and went back to iPhones because they couldn't get any of it to work.

Though I think (hope) that with the web tool this whole thing is moot now, that was three years ago for me.
 
What are the damages? Missed text messages? Come on! There is no way anyone is going to be able to prove they had any monetary damages over a text message.

Exactly. This is what people are missing.

Just because there's a problem doesn't mean there are damages -- and even if there are, it doesn't mean Apple is legally liable for them.
 
So this was not a bug. This was how iMessage was designed to super secede your regular text messages. The issue comes when you leave the hive mind and failed to shut down your iMessage account before you wiped your handset. This left your iMessage account active in the system. So other apple users who tried to message you had there messages sent to the cloud to await download and decryption. This was all done to keep as much of your messages as encrypted as possible. They went very BBM when they designed this system. I think apple should have had a tool from the word go to deactivate your account on there servers, however they failed there. This was a case of users not knowing how to properly shut down a service they were using when they decided to migrate to a different environment. I have to say i am sorry for those users but it does not rise to the level of a lawsuit. This should have been addressed sure but it also should have been addressed as a FAQ or a PSA from apple or verizion or att or Tmobile etc.

This was not a bug in there system it was a design choice. The choice was to allow your device to not be able to respond for a long period of time and have the message wait on you to download it in the future when you're secure device was ready to receive them. This meant people who were in the hive were trying to communicate with you in a secure why and nothing was happening.

I am all for going after apple when they screw there users or former users out of intent. The macbook screen debacle, the graphics card debacle the bumper case debacle.

Dumb users do not warrant a lawsuit
 
Exactly. This is what people are missing.

Just because there's a problem doesn't mean there are damages -- and even if there are, it doesn't mean Apple is legally liable for them.

There are a lot of business who may use text messaging to keep in touch with eachother. (maybe nto the best solution) but they do. You have no right, nor ability to claim that missing texts doesn't have financial reprocussions on anyone.

Listen, I'm usually not one to say "CORRUPTION! SCANDAL! SHENANIGANS", but Judge Koh's history with Apple makes her suspect. Her Prior decisions which have been questionable, and even some overruled for overstepping by other judges makes her even more suspect.

For one, Prior to her appointment as a judge, she worked for the law firm, on the team that represented Apple's legal / patent team.
during the Samsung v Apple patent dispute. She had One injunction she imposed against samsung overturned by other courts because "Overstepped her bounds".
During the Samsung V Apple case she regularly allowed evidence from Apple, while rejecting the same evidence from Samsung
She also gave incorrect instructions to the Jury of the same case.

Over and Over again, her name keeps poppping up with these questionable activities as a judge. I'm not saying she's corrupt, but in the interest of fairness, and the interest of preserving honesty in the legal system, she should not be allowed to sit over these cases that involve Apple. There is way too much question of Bias or conflict of interest. Even if nothing is being done wrong, its suspect.
 
Just takes a search of MR or any search engine, to realise this was a quite big issue. So how come the judge saw it as a non issue ? Seems weird to me based on the data available.
The judge saw it as a non issue because there were no more actual plaintiffs....
 
There are a lot of business who may use text messaging to keep in touch with eachother. (maybe nto the best solution) but they do. You have no right, nor ability to claim that missing texts doesn't have financial reprocussions on anyone.

And the question is: do Apple's actions make them legally liable?

Even if someone suffered financially due to missing a text message (which, yes, I highly doubt is the case) the question is about Apple's legal liability.

If a business uses text messages to the extent that missing one would cause significant financial harm, that is a business I would want to stay far, far away from. I cannot think of a scenario where missing a text would cause me enough harm to file a lawsuit like this. If I urgently need to get someone's attention and they haven't responded to my text, I send an email. AND call.
 
Ironically for me, when I traded in my 6 Plus for a Note 5 at Best Buy, while standing at the counter I factory Wiped my phone before handing it to the guy. After it wiped, I realized that I had forgotten to turn off iMessage before wiping.

I did go to the website and try to deauthorize myself on there when I got home, but it said I wasn't in the system.

Weird, it just worked for me, even though I forgot to do it the right way.
 
I like apple and have a lot of their stock. But I had a friend who switched from iPhone to an android (specifically a Samsung s5 iirc) and had this issue. Apple was no help. He did exactly what Apple told him to do including turning off iMessage before even getting the new phone, etc.

It took him having people deleting all references to him on their phones and a number of other steps to make it work right again. We tested all fixes people on the net proposed while together eating lunches. So I know what he did and didn't do.

I think this lawsuit should have moved forward. If nothing more that to see if Apple truly did what they could to make it right or maybe they dragged their feet because it was people leaving Apple.

A case should move forward based on the merits of a plaintiffs case not the seriousness or believed widespread effects of the issue at hand.
 
  • Like
Reactions: diegogaja
Just takes a search of MR or any search engine, to realise this was a quite big issue. So how come the judge saw it as a non issue ? Seems weird to me based on the data available.

Yeah, I would like to know what changed her mind.. I suppose I could go try to find the ruling...
 
... Really?

Our court system makes no sense. It rules that Apple has a monopoly on ebooks (a claim that would make sense if you were talking about Amazon, and by extension, none if you talk about any other company), but that it's totally cool for Apple to hold phone numbers hostage.
They're not "holding phone numbers hostage", people are just forgetting to turn off their damn iMessage.

That's like if you're switching from Spotify to Apple Music and you forget to cancel your Spotify subscription and you get charged. Is it Spotify's fault? No.
 
This was the most irritating bug for me and friends , and took Apple a very very long time to resolve, I think these guys have a valid issue here.

No one can deny this was not a huge issue, unless Everyone you know only communicate with with iPhones...

Either KOH does not understand the issue, or is pro Apple. Not 100% of switchers need to be affected for this to be an issue. As in not everyone uses iMessage ...... Mine is off due to this mess, and to his day I have not turned it back on.

Edit: I'm not sure this is resolve for everyone , even after the tool was released. My iMessage was on as default after 9.2 update, and I still got messages delivered to my iPad and not my phone, took me days to realise someone messaged me. All off again. It should just work.

Im not sure you understand the issue. The problem that this case was about,was previous Iphone owners who switched to android, kept their same phone number, and their phones were still "signed into" imessage and so they would not receive them. The issue you describe in your post is not one that was addressed in this case and if that is happening to you, you should probably talk to your carrier.
 
  • Like
Reactions: Max(IT)
Register on MacRumors! This sidebar will go away, and you'll see fewer ads.