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  • US Judge Dismisses Apple Consumer Lawsuit Over Mobile Data Privacy


    A US District Court Judge recently dismissed a consumer protection lawsuit leveled against Apple that claimed the company inadvertently allowed ad networks to track iOS devices, thus breaching their privacy. Judge Lucy Koh handed down her final ruling in a case involving two California consumer protection laws, saying the four plaintiffs failed to prove they were harmed by any misinterpretation of data privacy on the part of Apple. The following was mentioned in Koh’s ruling:

    Originally Posted by :
    As Plaintiffs have failed to show that there is a genuine issue of material fact concerning whether any Plaintiff actually relied on any of Apple's alleged misrepresentations, the Court concludes that no Plaintiff has standing to pursue either the iDevice or Geolocation claims.
    As noted by the folks over at Reuters, the plaintiffs were allowed to move ahead with the suit in June 2012 alleging the company crafted iOS in such a way that allowed third parties to easily collect personal data without consent. In addition, plaintiffs sought damages for loss of storage space and bandwidth resulting from the alleged secret tracking. The suit involved unhindered access to a cellular-connected device’s unique device identifier (UDID), which ad agencies then used to track an iOS device owner’s usage habits. As a result, Apple imposed restrictions on UDID access in iOS 5 and has since instituted policies to reject App Store submissions that attempt to use the identifier.

    A motion to turn the case into a class action suit was rendered moot in the decision. The ruling comes as a result of Apple’s request for summary judgment in the case, which is actually a follow-up to a similar complaint thrown out by the same court in 2011. The suit claimed Apple knowingly violated privacy rights by allowing ad networks and apps the ability to track the activity of iPhone and iPad users.

    We’ll have to wait and see what comes of the whole ordeal.

    Source: Reuters, Scribd
    This article was originally published in forum thread: US Judge Dismisses Apple Consumer Lawsuit Over Mobile Data Privacy started by Akshay Masand View original post
    Comments 13 Comments
    1. steve-z17's Avatar
      steve-z17 -
      Good call by the Judge. Four ppl suing because they lost storage space and bandwidth...wow!
    1. redline11786's Avatar
      redline11786 -
      Quote Originally Posted by steve-z17 View Post
      Good call by the Judge. Four ppl suing because they lost storage space and bandwidth...wow!
      Incorrect, they sued because they felt their privacy was being breeched. The judge said that the only way it harmed them was the loss of storage space and bandwidth. In my opinion, the judge should consider the big picture and throw some kind of punishment apples way for allowing 3rd parties access to our devices. The whole connected devices and privacy thing is a HUGE issue and definitely needs to be changed. And the worst part is every company is a part of it, thankfully apple seems the most willing to change policies with the privacy of the end user in mind, but nonetheless, consumer privacy in the mobile market is almost nonexistent.
    1. tridley68's Avatar
      tridley68 -
      Quote Originally Posted by steve-z17 View Post
      Good call by the Judge. Four ppl suing because they lost storage space and bandwidth...wow!
      Good call judge the judge should have made those four pay something for being soo stupid and tying up the courts with this kind of foolishness
    1. Ambi_Valence's Avatar
      Ambi_Valence -
      Quote Originally Posted by redline11786 View Post
      Incorrect, they sued because they felt their privacy was being breeched. The judge said that the only way it harmed them was the loss of storage space and bandwidth. In my opinion, the judge should consider the big picture and throw some kind of punishment apples way for allowing 3rd parties access to our devices. The whole connected devices and privacy thing is a HUGE issue and definitely needs to be changed. And the worst part is every company is a part of it, thankfully apple seems the most willing to change policies with the privacy of the end user in mind, but nonetheless, consumer privacy in the mobile market is almost nonexistent.
      ONLY, if the parts about privacy are not already covered by the Ts & Cs which people refuse to read, (and if it is it should be removed). You own the device but license the software.
    1. redline11786's Avatar
      redline11786 -
      Well it's not like consumers have much of a choice with the T's and C's. It's not like you can refuse one part of it and accept the others. It's an all or non deal that forces one to either agree or disagree. If one disagrees, what are they left with?
    1. Ambi_Valence's Avatar
      Ambi_Valence -
      Quote Originally Posted by redline11786 View Post
      Well it's not like consumers have much of a choice with the T's and C's. It's not like you can refuse one part of it and accept the others. It's an all or non deal that forces one to either agree or disagree. If one disagrees, what are they left with?
      A good point but the authorities need a kind of FRAND for consumers and this should be in palin english for thise who take out the contract.
    1. steve-z17's Avatar
      steve-z17 -
      Quote Originally Posted by redline11786 View Post
      incorrect, they sued because they felt their privacy was being breeched. The judge said that the only way it harmed them was the loss of storage space and bandwidth. In my opinion, the judge should consider the big picture and throw some kind of punishment apples way for allowing 3rd parties access to our devices. The whole connected devices and privacy thing is a huge issue and definitely needs to be changed. And the worst part is every company is a part of it, thankfully apple seems the most willing to change policies with the privacy of the end user in mind, but nonetheless, consumer privacy in the mobile market is almost nonexistent.

      no! Bad!
    1. dsg's Avatar
      dsg -
      it seems you can't expect justice in an American court
    1. redline11786's Avatar
      redline11786 -
      No you can, it just costs the right amount of money.
    1. dsg's Avatar
      dsg -
      human rights are diminishing so fast, it unbelievable
    1. starkall's Avatar
      starkall -
      I'm sure apple just threw the judge a decent check to get rid of the problem.
    1. jOnGarrett's Avatar
      jOnGarrett -
      Quote Originally Posted by starkall View Post
      I'm sure apple just threw the judge a decent check to get rid of the problem.
      +1

      she's had 3 apple cases so far (apple has won them or had them thrown out) and she's getting another one against Samsung. we already know the outcome.
    1. Perceptum's Avatar
      Perceptum -
      Quote Originally Posted by Ambi_Valence View Post
      ONLY, if the parts about privacy are not already covered by the Ts & Cs which people refuse to read, (and if it is it should be removed). You own the device but license the software.
      State law supersedes what is in the Ts & Cs.