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  • Bad Apple: You’re a Fool if You Believe the iPhone Ads


    There has been a recent storm of lawsuits against Apple by dissatisfied iPhone 3G owners who say that the advertisements that claim the iPhone is "twice as fast for half the price" are misleading. Apple has responded to one such lawsuit with a 9 page legal statement that claims their ads are truthful, but one paragraph basically says in legal speak that anyone who fully believes their ads is a fool.

    The response is to the lawsuit filed by William Gillis, a 70 year old San Diego resident, who says he was mislead by untruthful advertisements when he decided to purchase an iPhone. The legal speak in question that Apple responded with is as follows:

    "Plaintiff's claims, and those of the purported class, are barred by the fact that the alleged deceptive statements were such that no reasonable person in Plaintiff's position could have reasonably relied on or misunderstood Apple's statements as claims of fact."

    Gillis’ lawsuit is one of many that claim Apple has misled the general public with overstating the iPhone’s performance abilities. Complaints range from dropped calls, sluggish broadband speeds and the inability to stay on 3G before it switches to the slower EDGE network.

    Apple has acknowledged some of these problems but has said the 2.2 OS would fix them. While early reports suggest that the 2.2 software has reduced the rate of dropped calls many still complain about reception issues.

    This coupled with the fact that the U.K. Advertising Standards Authority recently banned two iPhone 3G advertisements for being misleading in the UK does not look good at all for Apple.

    …One thing is certain; Apple somewhat calling its most loyal customers fools for believing their ads does not do anything to help their negative image of being an elitist company.

    Do all you iPhone owners think the ads are misleading compared to the actual performance?

    Source: Apple: Our Ads Don't Lie, But You're a Fool if You Believe Them | Gadget Lab from Wired.com
    This article was originally published in forum thread: Bad Apple: You’re a Fool if You Believe the iPhone Ads started by AppleChic View original post
    Comments 89 Comments
    1. Je5's Avatar
      Je5 -
      Totally agree with you because I got into a huge arguement with F&*^% AT&T where they were trying to make me pay for "8Mbps" speed with Fiber Optic and when I was trying to run the internet on my mac it would register at 1.3 Mbps **** my phone is faster

      I should've sued them hahahah
    1. ripped53's Avatar
      ripped53 -
      Quote Originally Posted by Happy Noodle Boy View Post
      This is like trying to sue a fast food shop for not serving you a meal that looks like the ones from commercials. You know the ones I'm talking about, the ones with oh so delicious perfectly cooked meat, perfect melted slices of cheeze, the right amount of fresh tomatoes and lettuce and just enough mayonnaise to finish it up. Actual meals NEVER look like that. Do I care? No.
      I have to agree with you...

      People in this day and age will sue for anything....no wonder the world is going to hell in a handbasket....If I buy the shoes I see advertised on tv will I be able to run as fast and as long as the people in the advertisement, will I look as good in the jeans......are the people going to fix my sandwich as perfectly as advertised, will the victoria secret new pushup bras make all women look that perfect.....noooo...Yes Apple and AT&T have a certian responsibility to the consumers, but c'mon people where is our common sense as a consumer.....I'm sure apple will begin putting a disclaimer in their ads...
    1. sr71blackbird92's Avatar
      sr71blackbird92 -
      I love my iphone 3G. My fastest speed test said it got over 1.4 Mbps down, on 3G, and my first gen iphone would never get over 300 kbps. That makes it more than twice as fast, as far as im concerned.

      i also love my macbook pro.
    1. Happy Noodle Boy's Avatar
      Happy Noodle Boy -
      Quote Originally Posted by minhwan View Post
      For instance, there was a vehicle commercial that the car overtaking a jet. In your point of view, I'm pretty sure you have to sue this vehicle manufacture too aye ??
      Not so fast...

      [ame=http://www.youtube.com/watch?v=7NZ9X9A2efA]YouTube - BBC: Bugatti Veyron vs Euro Fighter Typhoon Drag Race - Top Gear[/ame]
    1. DarkoNova's Avatar
      DarkoNova -
      Quote Originally Posted by Happy Noodle Boy View Post
      This is like trying to sue a fast food shop for not serving you a meal that looks like the ones from commercials. You know the ones I'm talking about, the ones with oh so delicious perfectly cooked meat, perfect melted slices of cheeze, the right amount of fresh tomatoes and lettuce and just enough mayonnaise to finish it up. Actual meals NEVER look like that. Do I care? No.

      The phone still rocks, and as a previous 2G user, the 3G is faster, louder, and better.

      Stupid.

      Come to think of it, I can't think of a single commercial where the device/product in question ever plays exactly as it's shown.
      /thread

      I'm still on my 2G and it's slow as molasses on a cold day, but when one of my co-workers lets me use their 3G iPhone it's MUCH faster. Maybe not twice as fast, but who's measuring?

      And basically everything in commercials is edited, look at any cell phone commercial (ironically, except the iPhone commercials ) and in fine print at the bottom it says "screen image simulated".

      People need to clean the sand out of their vaginas.

      Matt
    1. cheekydevil1234's Avatar
      cheekydevil1234 -
      Sorry guys but only in America, it seems you guys walk out in the street, walk into a tree that has been there for 50 years and sue the person that owns the land for the tree hurting you. Remember the woman in McDonalds in the USA, she sued because her coffee was too hot that spilt on her, last time i check coffee was hot, stupidity should not be rewarded and everyone knows you don't believe TV. Am I the only one that gets sick to death of all this suing? Oh actually this screen is to bright and has given me a headache, modmyi you should not have used these dazzling whites in your page, where is my lawyer?
    1. Macboy67's Avatar
      Macboy67 -
      The ads are misleading either way you look at it.. For gods sake my Edge service on my T-Mobile G1 is faster then my iPhone's 3G connection (AT&T) and I'm in a good coverage area!!
    1. Naughty_Ottsel's Avatar
      Naughty_Ottsel -
      The only reason the ad's were banned in the UK was purely for the fact that the word "faster" was repeated too many times and would supposively give the wrong impression. But if you read the smallprint in the ad it says that connection speeds may vary and that the comparision is to a 2G iPhone.

      Also, am I the only one that researches any big purchases I make? C'mon people we have the internet nowadays, a 2 second google search will give you the results you want.

      A quick search on goolge with the terms "How fast is iPhone 3G" At the moment there are all the blogs on about the supposivly false advertising.

      But this one site came up here which points out that the 3G speed is capped to 1.4Mbps due to AT&T

      So all I can say to the 70 year old is twat!
    1. Xagest's Avatar
      Xagest -
      You can't let Apple get away with saying "you must be stupid to believe the ad" excuse without severe repercussions. I mean, it gives anyone license to advertise anything they want with the tagline "you mus be stupid to believe the ad".

      Just imagine: Everything in the store comes with a lifetime warrenty! HA! Just kidding!

      Quote Originally Posted by cheekydevil1234 View Post
      Sorry guys but only in America, it seems you guys walk out in the street, walk into a tree that has been there for 50 years and sue the person that owns the land for the tree hurting you. Remember the woman in McDonalds in the USA, she sued because her coffee was too hot that spilt on her, last time i check coffee was hot, stupidity should not be rewarded and everyone knows you don't believe TV. Am I the only one that gets sick to death of all this suing? Oh actually this screen is to bright and has given me a headache, modmyi you should not have used these dazzling whites in your page, where is my lawyer?
      The woman who spilled the coffee had third degree burns, melting the skin and nerves off her groin, thigh, and buttocks. She had to get skin graphs and physical therapy for 2 years. That was some really hot coffee.
    1. dale1v's Avatar
      dale1v -
      Quote Originally Posted by Naughty_Ottsel View Post
      The only reason the ad's were banned in the UK was purely for the fact that the word "faster" was repeated too many times and would supposively give the wrong impression. But if you read the smallprint in the ad it says that connection speeds may vary and that the comparision is to a 2G iPhone.
      No, sir. The ad was taken down because it would, quoting the Advertising Standards Authority:
      lead viewers to believe that the device actually operated at or near to the speeds shown in the ad
      Furthermore, there was no smallprint in the ad referring to comparision between the 2G iPhone, watch it:




      It was only after the complaints Apple said that the ads were:
      relative rather than absolute in nature
      and it
      was a comparison between the first-generation 2G iPhone and the new 3G version
      Pretend that you aren't a member of the biggest iPhone site...pretend you never owned the 1st gen iPhone, and you see this ad for the first time. How are you supposed to know? Apple never made any mention of that. IN FACT this is what the ASA said:
      many might not be fully aware of the technical differences between the different types of technology
      Which is the truth.

      Quote Originally Posted by Xagest View Post
      The woman who spilled the coffee had third degree burns, melting the skin and nerves off her groin, thigh, and buttocks. She had to get skin graphs and physical therapy for 2 years. That was some really hot coffee.
      Still her fault, lol. That's what hot coffee does, scald.

      Anyway...
      There is no point suing Apple, one man vs a Corporation with an army of lawyers is a bit farfetched.
      But just because we're blessed with research skills and don't fall for everything, doesn't mean the ad should be kept up...
      I keep seeing people say "people are stupid, i would never fall for this" or "you must be an idiot to believe it anyway, it's not Apple's fault, rawr"...take a look below:

      United States' population: 305,809,000
      United Kingdom's population: 61,186,000

      I'm sure that not every single on of them are as "smart" as us, so it's best that you control ads so that they can be fair for as many of the less smart as possible (or as much as they're forced to)

      Just because *points to members* you and you and you and you don't fall into it, it doesn't mean that it should be left open so that other people can. Can you see a 70 year old man going onto CNet to read the reviews? No. Most technology adverts tend to be "what you see is what you get", and you don't hear of any conflicts. These ads obviously crossed the line, and were tackled.

      (then again, that's what advertising and hype is there for, to exploit the stupid)



















      Population intelligence may vary by location.

    1. Nimbulan's Avatar
      Nimbulan -
      Quote Originally Posted by cheekydevil1234 View Post
      Sorry guys but only in America, it seems you guys walk out in the street, walk into a tree that has been there for 50 years and sue the person that owns the land for the tree hurting you. Remember the woman in McDonalds in the USA, she sued because her coffee was too hot that spilt on her, last time i check coffee was hot, stupidity should not be rewarded and everyone knows you don't believe TV. Am I the only one that gets sick to death of all this suing? Oh actually this screen is to bright and has given me a headache, modmyi you should not have used these dazzling whites in your page, where is my lawyer?
      True! I'm pretty sure the adverts always said 'steps missing', soon people will walk around with a lawyer.

      What the HELL is a 70 year old man doing with an iPhone anyway, most OAPs dont know up from down.
    1. mgamber's Avatar
      mgamber -
      Blame the lawyers...how typical. I think it would be nice to see Apple forced to grow up and act like a real company. Let's see just how much Jobs' hypocrisy is worth. Another 20% off the stock price? Finally enough to get him fired? Good riddance.
    1. CaptainChaos's Avatar
      CaptainChaos -
      The ads are true...for me anyways. My 3G phone on the 3G network is blazing fast. Edge speeds are horrible. Granted, not everyone has the 3G network, but this is something you look into before you buy the product.

      Do your homework first...most don't.
    1. Bluprint's Avatar
      Bluprint -
      How about when the consumer has little or no credit and is not eligible for the $199 price and let's say he lives somewhere without any 3g coverage but as a solution a sales person sold him on edge data and wifi (faster) internet.

      After the 2 year contract what the consumer got was a 2g iphone with no free text and 3g support

      For many with 3g iphone it's also misleading to watch the software perform slower than advertised
    1. jayson9's Avatar
      jayson9 -
      Quote Originally Posted by cheekydevil1234 View Post
      Sorry guys but only in America, it seems you guys walk out in the street, walk into a tree that has been there for 50 years and sue the person that owns the land for the tree hurting you. Remember the woman in McDonalds in the USA, she sued because her coffee was too hot that spilt on her, last time i check coffee was hot, stupidity should not be rewarded and everyone knows you don't believe TV. Am I the only one that gets sick to death of all this suing? Oh actually this screen is to bright and has given me a headache, modmyi you should not have used these dazzling whites in your page, where is my lawyer?
      And in Europe, if you run over a chicken, you pay for all of the "supposed" chicks and their future generations that the chicken could have had? Not sure Europe has anything on the USA..... other than a few more centuries of the same.

      Quote Originally Posted by dale1v View Post
      Enzyte don't have an innovative touchscreen interface.
      And having a symptomatic 4 hour hard-on doesn't sound like a real problem either.......
    1. Jay316's Avatar
      Jay316 -
      This is where I put my "Marketing" hat on. Marketing is about getting customers to believe that by buying the product (in this case the iPhone 3G) they will be buying the benefit of faster internet capabilities. Admittedly Apple have over exaggerated their claims to the point of failing to get EVERYBODY who owns a phone to get an iPhone (I also question why you'd need 3 iPhones, get some variety) but anyway. Apple need to rethink their marketing and advertising strategy and stop living off the "twice as fast" slogan. Here's a better one "Need a phone can you can watch videos, play music, check email and surf the net, buy an iPhone", need a phone that does all this AND has MMS and fully functioning Bluetooth, buy an N96. Lol maybe the second part should be Nokia's slogan.
    1. Happy Noodle Boy's Avatar
      Happy Noodle Boy -
      Quote Originally Posted by dale1v View Post

      Still her fault, lol. That's what hot coffee does, scald.
      Actually, on this case it really, really was McDonalds fault. They were keeping the coffee 30-40 degrees hotter than the safety standard. Hot coffee scalds, yeah but she got hurt pretty bad.
    1. Dizz's Avatar
      Dizz -
      Quote Originally Posted by Happy Noodle Boy View Post
      Actually, on this case it really, really was McDonalds fault. They were keeping the coffee 30-40 degrees hotter than the safety standard. Hot coffee scalds, yeah but she got hurt pretty bad.
      Yeah dude seriously, she had third degree burns. No coffee should be that hot that it'll leave third degree burns on you.
    1. Landslideclothing's Avatar
      Landslideclothing -
      It is obvious that Apple used a phone connected to wi-fi during commercial shoots. That's why everything was so fast. but dropped call issues are due to towers around the area, some places are too remote and may not have enough towers to support their community.
      I don't agree with everything Apple does, but not even Apple agrees with everything they do, there are too many chiefs making decisions.
    1. hollow0's Avatar
      hollow0 -
      Quote Originally Posted by domenicp View Post
      With respect to 3G speeds in the ads, its no different than claims made by ISPs about their speeds. ISPs post actual bandwidth claims that never seem to be reached. A lawsuit against certain ISPs has more validity than the one against Apple on this one.
      AMEN TO THAT!!! THAT IS SOOOOOOO TRUE! Apple should use that as an example in their case!