Time for bricked HomePods Class Action?

[MauiPa]

One of my HomePods got bricked from the beta software update. took it in to Apple, Apple did nothing. Quoted some legal crap about not being responsible for damage caused in Beta. Well maybe that is how they worded the agreement, but what is right is right and what is wrong will never be. Given the huge number of people told to go suck an egg over this issue, is it time to add yet another class action lawsuit?

Come on Apple, be better!

 

[jdavid_rp]

You acknowledge that by installing such pre-release software on your apple-branded computers and/or devices, these computers and devices may not be capable of being restored to their original condition and that applications and services may be affected by your use of pre-release software. Further, you understand that data (including documents) from such applications or services that you create or change while using the pre-release software may be incapable of being restored or recovered. Apple shall not be responsible for any costs, expenses or other liabilities you may incur as a result of your testing, installation or use of pre- release software, including but not limited to any damage to any equipment, software or data or any loss of data or information arising from your use of such pre-release software.

Straight from the beta program agreement document you accepted before installing beta software... I don't know how you could sue a company after agreeing that if something wrong happens, they won't be responsible for it.

 

[fwmireault]

Yes good luck with that. I sympathize with you and do believe that Apple should have tested more this beta version internally before releasing it. But you knew the terms of the Beta software agreements. Furthermore, I’ve seen many people download the HomePod beta software from other sources than Apple, which is just irresponsible.

I do hope that Apple find a fix for people with bricked HomePods, but I don’t believe that a class action lawsuit on this matter would win

 

[MauiPa]

Straight from the beta program agreement document you accepted before installing beta software... I don't know how you could sue a company after agreeing that if something wrong happens, they won't be responsible for it.

While what you said is true, there is a standard of due care. Obviously by the number of damaged HomePods, Apple did not demonstrate due care before releasing the beta, and provided no mechanism whatsoever to roll back the bad software. That is a bit like a dump truck driver zooming down the road with a load of dirt breaking everyone's windshield, and claiming they aren't responsible, because it says so on the back of the truck

 

[Jemani]

Straight from the beta program agreement document you accepted before installing beta software... I don't know how you could sue a company after agreeing that if something wrong happens, they won't be responsible for it.

I think his complaint isn’t what the beta agreement says, but that he shouldn’t be held responsible for not knowing how to read.

 

[jdavid_rp]

While what you said is true, there is a standard of due care. Obviously by the number of damaged HomePods, Apple did not demonstrate due care before releasing the beta, and provided no mechanism whatsoever to roll back the bad software. That is a bit like a dump truck driver zooming down the road with a load of dirt breaking everyone's windshield, and claiming they aren't responsible, because it says so on the back of the truck

But all of those damaged HomePod were from people who officially received the audioOS beta from apple? AFAIK it’s an Appleseed beta and maybe the official testers with problems are a small percentage. If the people with a damaged HomePod wanted to sue, they should show proof that they were selected by this Appleseed beta program.

 

[MauiPa]

I think his complaint isn’t what the beta agreement says, but that he shouldn’t be held responsible for not knowing how to read.

Oh snap, such a rapier wit. Actually, the question is not over what the agreement states, we can all attest to its language. The issue is more did Apple expert the prerequisite level of due care in releasing the flawed updates in the first place? Was there a level of negligence in such a release that renders that particular clause, well null? Apple obviously knew of the issue because it halted updates mid-stream, but if you already had the bad update installed, there was no notification to stop using the HomePod, no rollback feature. Were Apple's actions inconsistent with their responsibility in the first place? So yes, people other than you can read, but thank-you for your concern

 

[benshive]

You need to understand and accept the risks of installing beta software. It's not being released as a beta just so people can get their hands on it a bit early. It's software that needs further testing being run to find issues and there's a reason it's not a general release yet. It may seem egregious if you take this one particular instance, but the policy makes sense. Just because Apple's beta software is generally pretty stable doesn't mean that you're not taking risks installing it.

As for if there's any path through legal action, I would assume not given what you needed to agree to in order to install the beta software. I hope it somehow starts working again. Sucks losing a HomePod if you can't get it working

 

[Jemani]

Oh snap, such a rapier wit. Actually, the question is not over what the agreement states, we can all attest to its language. The issue is more did Apple expert the prerequisite level of due care in releasing the flawed updates in the first place? Was there a level of negligence in such a release that renders that particular clause, well null? Apple obviously knew of the issue because it halted updates mid-stream, but if you already had the bad update installed, there was no notification to stop using the HomePod, no rollback feature. Were Apple's actions inconsistent with their responsibility in the first place? So yes, people other than you can read, but thank-you for your concern

Semantics, semantics…