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  • Apple Facing Class Action Lawsuit Over MMS Delay

    Image via iphone3ghacked.com


    Lawsuits seem to be filed for just about any reason these days. As a result, some have criticized Americans for becoming too "litigious" of a society.

    A story out this weekend certainly isn't going to help erase this perception.

    According to our friends at Gizmodo, a class action lawsuit has been filed against Apple as a result of the company and their cohorts at AT&T promising MMS service in summer but only delivering it three full days into the start of fall.

    Apple class-action lawsuit, case file #23423: A Minnesota iPhone owner joined a class-action lawsuit to punish Apple and AT&T for failing to provide MMS by "late summer" as promised. Evidence: MMS came out post-Labor-Day, which is officially autumn. The horror!
    I can relate to the frustration experienced by many over the seemingly eternal wait for a fairly basic service on the iPhone. But a lawsuit? Really?

    To be fair, Apple sold more than 1 million of its newest iPhones in just the first weekend after its launch back in June. At the time, the company said AT&T would support MMS by "late summer."

    Consequently, Irving is seeking unspecified damages because he was told he would have MMS service in summer - apparently, the main reason he bought the iPhone in June in Apple Valley.

    Kyle Irving of Minneapolis was told he would have MMS when he purchased his iPhone in late June, yet it took another two months to arrive, which surely is a crime heinous enough to warrant yet another go-nowhere class-action lawsuit. The Minnesota suit will be grouped with similar suits from other states, though it's not clear exactly how much money in damages is being sought.
    As a non-lawyer, I have no intelligent input to offer on the legit weight or merits of Mr. Irving's argument. But if we do inhabit a society where a burglar can win a lawsuit for injuring himself in a house he broke into, or a man can earn millions from a fast food chain for spilling their hot coffee on himself, I guess anything is possible.
    This article was originally published in forum thread: Apple Facing Class Action Lawsuit Over MMS Delay started by Michael Essany View original post
    Comments 87 Comments
    1. tw1zt3d's Avatar
      tw1zt3d -
      Quote Originally Posted by Melech518 View Post
      Um, the phone did not need to be jailbroken to upgrade the ipcc file in itunes actually!
      Quote Originally Posted by €hR!$ View Post
      Yep. Tethering too.

      I actually used my computer with the hacked iTunes and same ipcc to get MMS on 5 different iPhones. 3 were jailbroken.
      but, like i said, the people who read the forums (and whatnot) are not the average iphone user...
    1. angiepangie's Avatar
      angiepangie -
      Quote Originally Posted by confucious View Post
      And people wonder why the Dev Team don't give ETAs....
      And why is that?
    1. szr's Avatar
      szr -
      Quote Originally Posted by tw1zt3d View Post
      your argument is only valid for jailbroken users. remember, in the grand scheme of things, we're the minority.
      1a) Yes, to use the methods I described, jail breaking was required. but that wasn't my arguement. The point I was making is that MMS was fully function on both the phone and on at&t's network.

      1b) There actually a way to enable MMS without being jail broiken, using a site like help.benm.at, which was became popular for enabling tethering, and later added the ability to enable MMS using the same APN info for MMS I refered to in my previous post.

      2) I have a strong feeling there are a lot more people with jail broken phones than Apple or at&t will let on; classic down-playing tactics at work here it seems to me, which if true, would make perfect sense, as Apple is dead set against jail breaking.
    1. Melech518's Avatar
      Melech518 -
      Quote Originally Posted by szr View Post
      1a) Yes, to use the methods I described, jail breaking was required. but that wasn't my arguement. The point I was making is that MMS was fully function on both the phone and on at&t's network.

      1b) There actually a way to enable MMS without being jail broiken, using a site like help.benm.at, which was became popular for enabling tethering, and later added the ability to enable MMS using the same APN info for MMS I refered to in my previous post.

      2) I have a strong feeling there are a lot more people with jail broken phones than Apple or at&t will let on; classic down-playing tactics at work here it seems to me, which if true, would make perfect sense, as Apple is dead set against jail breaking.
      1b Response-

      Or you could download a custom ipcc file, enter the following command into terminal:
      defaults write com.apple.iTunes carrier-testing -bool TRUE
      And option+click Upgrade to load the ipcc file.....
    1. szr's Avatar
      szr -
      Melech518, yes, thanks, I had forgotten about that one
    1. confucious's Avatar
      confucious -
      Quote Originally Posted by szr View Post
      2) I have a strong feeling there are a lot more people with jail broken phones than Apple or at&t will let on; classic down-playing tactics at work here it seems to me, which if true, would make perfect sense, as Apple is dead set against jail breaking.
      I don't believe Apple have ever released estimates have they?
      The estimates (of anywhere from 5% to 10%) come from Saurik based on the number of unique devices accessing Cydia.
    1. mdc929's Avatar
      mdc929 -
      one of the stupidest stories ive read
      really?
      seriously?
      get a life
      no need to sue for every little thing