6 October 2007 @ 10:27Class-Action Lawsuit Against Apple Becomes Reality
I mentioned earlier this week that some iPhone users/hackers were considering filing a class-action lawsuit against Apple because the v1.1.1 firmware update bricked their hacked iPhones. The lawsuit has now materialized according to InformationWeek.
What is Smith seeking from Apple? Interestingly, the suit doesn’t name a dollar amount. While that would be surprising if this were a one-off action, it’s not all that unusual in a class action. In the latter, members of the class usually get some form of redress (say, discount coupons and a small amount of money), while the attorneys get the big payout.
The suit is asking the court to issue an injunction against Apple, which prevents it from selling the iPhone with any software lock. It also asks that Apple be enjoined from denying warranty service to users of unlocked iPhones and from requiring iPhone users to get their phone service through AT&T.
I still stand by my previous commentary, and say that if you want to hack your iPhone in ways that Apple has not approved of in the user agreement in which you clicked “Agree”, you have absolutely no business even using Apple’s own software updates. You had a fully functional iPhone, on a network other than AT&T’s, before you applied the v1.1.1 update. Apple warned you that modifications to your iPhone are unsupported and that future updates could leave your modified iPhone in an unusable state. No one forced this latest update on you.
We all knew the restrictions that Apple placed on the iPhone even before anyone purchased one. No one was deceived or taken advantage of, and if you think you were, I would be so bold as to say that you should appoint someone to take charge of your money spending habits who won’t throw money at the first shiny object that comes along.
I will say that I think Apple could have handled the whole situation better and avoided some negative PR.