Apple Sued for Crippling the Old iPhone In Order To Spur New Sales
An owner of an iPhone 3G filed a lawsuit against Apple making the claim that Apple had intentionally crippled the iPhone 3G with a software update which would work toward spurring more sales of their iPhone 4.
The Plaintiff, Biana Wofford, out of San Diego, California filed their claim in the California Superior Court. This happened on October 29th. Wofford is requesting that the judge grant her case class action status. The claim is that Apple had turned her device into a phone that has no more weight other than that of just a paper weight. This happened when Apple pushed their iOS4 update to the iPhone 3GS and 3G owners.
What has happened is that for many of the different owners this so called “upgrade” to the iOS4 created a problem through crippling the performance of older phones. A few of the problems are:
- Slow performance in general
- A crashing and generally non-responsive interface
- Applications taking much longer to open
There are others but those are the core of the problem that most everything else falls in. The lawsuit filed by Wofford alleges that this upgrade was knowingly and intentionally done by Apple in a way to force the phone owners into purchasing the iPhone 4.
The claims is that Apple had intentionally, repeatedly and falsely represented to consumers and owners of their iPhone 3G that the new operating system for that device, the iOS4, was a significant functionality upgrade for all of the iPhone devices. These claims bearing the exactly opposite when the installation and use of the iOS4 happened on the iPhone 3G and iPhone 3GS causing it to be nothing more than an over expensive paperweight.
It’s further alleged that Apple has made it almost completely impossible for the owners of the iPhone 3G and iPhone 3GS to rollback the upgrade unless they’re willing and able to resort to hacker like tactics that would void out their warranty and also violate their iPhone user agreement.
Damages are being sought by Wofford for all of the class action members.
Even though when it comes to the technology industry class action lawsuits have very rarely actually made it to trial the lawsuit that was filed against Apple could spark a change in policy making it easier for those that are unhappy to rollback the software update and future updates. This has been increasingly difficult unless you violate the Terms and Conditions of the company. For now we wait to see how this plays out.
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