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  • Apple Being Sued for Allowing Users to Purchase HD Content on Non-HD Devices


    The Cupertino California company is being sued in a new class action lawsuit led by Florida lawyer Scott Weiselberg, who is accusing the company of allowing customers with older devices to download and purchase higher quality content without being able to actually play it. According to GigaOm, the following was mentioned regarding the lawsuit:

    This class action involves defendant Apple, Inc. ("Apple") and its deceptive business practice of charging a premium price for the rental of HD content programs (e.g., movies, etc.) to consumers on early versions of Apple devices that Apple knew could not play HD content, and which only played the less expensive standard definition ("SD") content that Apple downloaded at the time of the rental.

    As a result, millions of customers were deceived into paying the $1 premium for HD content rentals for their SD Apple Mobile Devices.
    Based on the filing, Weiselberg rented and downloaded the high-definition iteration of the movie “Big Daddy,” before he discovered that his iPhone didn’t support HD playback. As many of you already probably know, HD content is often offered at a premium in the App Store and Weiselberg claims he was “tricked” into paying an extra $1 for the content.

    Although both SD and HD content is clearly marked in the App Store, Weiselberg states he wasn’t aware that his phone could not play HD content. Within the filing, he suggests that Apple should have recognized his device type and prevented the purchase of HD content from an SD-only capable phone.

    High definition content playback was first introduced in 2008, along with the release of iTunes 8.0. At the time, older iPhones and iPod Touches did not support the new format, allowing many mistaken purchases to be made. Apple has changed the download process, introducing several warnings to help prevent HD content from being downloaded by an SD-only device but Weiselberg states that SD options are still too confusing and difficult for users to find.

    Weiselberg’s lawsuit seeks an unspecified amount of damages, plus interest, sustained by the Plaintiff and the Class, as well as legal fees. We’ll have to wait and see if the lawsuit helps to change the issue at hand or if Apple will win out.

    Source: GigaOm, Scribd
    This article was originally published in forum thread: Apple Being Sued for Allowing Users to Purchase HD Content on Non-HD Devices started by Akshay Masand View original post
    Comments 35 Comments
    1. Carvensno's Avatar
      Carvensno -
      So refund his rental fee for the movie!!!

      Here we go..... So it's Apple fault because this guy didn't bother to read the owners manual/guide on his iPhone??? To know what it can and can't view??? I call total BS!!!! This is in no way worth a class action lawsuit and this guy deserves to be B!atch SLAP big time.
    1. dsg's Avatar
      dsg -
      just get a refund
    1. chaos86au's Avatar
      chaos86au -
      And every idiot who buys a Blu-ray player or disc without owning an HD TV should sue Walmart. **** this guy.

      Also, isn't rented content available for viewing on any device you log into iTunes on?
    1. *T*'s Avatar
      *T* -
      This lawsuit won't make it: why? Because he still got what he payed for. If he went on his computer and looked at his purchases, he would be able to play the HD version there. It's his fault for being an idiot, not Apple. He is going to be pretty pissed when he realizes that if he had just shut up and watched the movie, he would have cut his losses at $1. Now he has to pay for legal expenses and his lost time.
    1. unison999's Avatar
      unison999 -
      obviously you guys never ran into "ambulance chasers".
      The lawyer will represent the guy without any legal fees if he lost the case, so there is absolutely no cost the the plaintiff but the lawyer gets most of the money for the legal fees.

      The reason why this guys is stupid is he actually hired a lawyer for this, could have brought this to small claims court without a lawyer. Not only Apple will not show up because of small amount (auto win), he will take home more money if he can justify the cost. Like time doing the research + filing a case + consultation with a lawyer + cost to print all evidence etc
    1. slim.jim's Avatar
      slim.jim -
      Ooh can I use for being a dumbass too?
    1. Carnage122896's Avatar
      Carnage122896 -
      Quote Originally Posted by chaos86au View Post
      And every idiot who buys a Blu-ray player or disc without owning an HD TV should sue Walmart. **** this guy.

      Also, isn't rented content available for viewing on any device you log into iTunes on?
      Nice one, lol
    1. vinaygoel2000's Avatar
      vinaygoel2000 -
      Because of idiots like these, a cup of coffee says "Caution HOT" on it.
    1. Mlitz69's Avatar
      Mlitz69 -
      Quote Originally Posted by vinaygoel2000 View Post
      Because of idiots like these, a cup of coffee says "Caution HOT" on it.
      So true
    1. bmwraw8482's Avatar
      bmwraw8482 -
      I wish I is stoopid to,. Than i culd sew sumwon to?
    1. cmwade77's Avatar
      cmwade77 -
      I want to be able to buy HD content on my non-HD device. For example, I am out and I want to buy a movie to watch on my phone, but I want to come home and watch it in HD, so I would buy it in HD.
    1. jOnGarrett's Avatar
      jOnGarrett -
      another reason why the app store should have a refund window. so iDiots can get refund and not file frivolous get-rich-quick lawsuits.
    1. slim.jim's Avatar
      slim.jim -
      Quote Originally Posted by jOnGarrett View Post
      another reason why the app store should have a refund window. so iDiots can get refund and not file frivolous get-rich-quick lawsuits.
      You can get refunds for apps. I have had to do it once for an iPad app that was $20 and horrible. Media content is different though.
    1. ThatOneProfile's Avatar
      ThatOneProfile -
      You guys who are talking about the mcdonalds coffee need to go on netflix and watch "hot coffee" its a documentary. Seriously
    1. eightyk88's Avatar
      eightyk88 -
      It plays on multiple devices, if I didn't have the choice I would be pissed. What if I wanted to start watching on my phone then later on my Apple TV. This will fail hopefully, or Apple needs new lawyers(which isn't true).
    1. kosher1's Avatar
      kosher1 -
      He accepted the TOS. HE SCREWED!!
    1. frankjc81's Avatar
      frankjc81 -
      Quote Originally Posted by Carvensno View Post
      So refund his rental fee for the movie!!!

      Here we go..... So it's Apple fault because this guy didn't bother to read the owners manual/guide on his iPhone??? To know what it can and can't view??? I call total BS!!!! This is in no way worth a class action lawsuit and this guy deserves to be B!atch SLAP big time.
      Yup. This guys is a complete moron. He is seeking money for "damages". WTF was damaged. I hope apple counter sues this moron and makes an example out of him. This case will probably just get dismissed but I sure hope they bankrupt this idiot.
    1. smith01's Avatar
      smith01 -
      Only in 'merica...
    1. Robmille's Avatar
      Robmille -
      That seems like a completely ridiculous lawsuit. If/when I own a device that isn't HD I still want the ability to buy the HD content so I can play it on an HD device, or will have the HD content for when I upgrade to an HD device.
    1. Channan's Avatar
      Channan -
      Wait we can sue for stuff like this?

      I'm suing Best Buy for selling me a Blu-ray even though my MacBook Pro can't play it.