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  • "iBricks:" iPhone 3G User Sues Apple Over iOS 4.0


    A lawsuit filed this week claims that Apple deliberately pushed iOS 4.0 to iPhone 3G and 3GS users, despite the fact that they knew it was buggy and slow, in order to improve sales of the iPhone 4. In a civil case brought at the County Court of San Diego in California, Bianca Wofford complains the upgrade made her phone virtually useless, and that Apple used the fact that users can't downgrade to an older version of the operating system to induce them to buy iPhone 4s. The case may bring closer scrutiny to Apple's restrictions on the ability of users to load the software they want on devices they own.

    The crux of Wofford's complaint is that Apple urged users of older phones to upgrade, promising performance improvements that they knew iOS 4 could not deliver. According to the lawsuit [PDF], "Apple has falsely, intentionally and repeatedly represented that iOS 4, was a significant upgrade for the functionality of all iPhone devices, when in fact... iOS 4 is a substantial 'downgrade' for earlier iPhone devices and renders many of them virtually useless 'iBricks.'" The fundamental problem that Wofford and her lawyers highlight here is the fact that users can't downgrade without jailbreaking and voiding their warranties. "The iOS4 'upgrade' has essentially curtailed usefulness of the 3G/3GS devices," the lawsuit continues, "and left consumers, like Wofford, without any ability to restore the device to its prior acceptable functionality.

    If the case is found in the plaintiff's favor, Apple will be facing false advertising charges and violation of California's Unfair Competition Act, and may end up having to pay restitution and damages. In addition, the court may order that Apple provide a way for users to downgrade, or protect jailbreakers' warranty writes. The filing also states that Wofford intends to ask a judge to grant class action status to her lawsuit in order to provide benefits for more iPhone 3G and 3GS users that suffered from the problem.

    Source: Wired
    This article was originally published in forum thread: "iBricks:" iPhone 3G User Sues Apple Over iOS 4.0 started by Paul Daniel Ash View original post
    Comments 134 Comments
    1. dhamien's Avatar
      dhamien -
      Quote Originally Posted by Poseidon79 View Post
      Apple should have never allowed 4.0 to be installed on the iPhone 3G. Technically the iPhone 2G and 3G have the exact same processor so if you know the 2G is gonna suck so bad you stop supporting it then they should have dropped support for the 3G too.
      ... and then people would be complaining or suing over that. Apple is damned if they do and damned if they don't. They can't win.
    1. awesomeOo7's Avatar
      awesomeOo7 -
      epic burn on apple
      steve jobs should just quit the game
    1. mortopher's Avatar
      mortopher -
      Quote Originally Posted by alexevo View Post
      Here is an example: you can install Vista on a wide variety of PCs and some may run it better than others depending on the hardware you have. You could also just stick with XP which doesn't have the same features but will probably run a little faster and smoother(I speak from experience). You just have to accept that you have older hardware and if you want the new features then you're going to have to give something up.

      You could try to install 1.x firmware on a 3G and just keep phone/sms/email with a few basic PDA apps and it will probably run blazing fast. In life there are always tradeoffs. She needs to go to the genius bar so someone there can restore her phone with the older firmware so she gets over it. You can't sue because your old phone can't run new software as well as a newer one with better hardware.
      You can easily reinstall XP...

      That's the issue I have had with Apple's handling of iOS. I haven't heard any arguments that justify the inability to downgrade to lower versions. A user can downgrade to virtually any Mac OS they choose to and Apple does nothing to prevent that. How is it any different on the iPhone?
    1. unison999's Avatar
      unison999 -
      Quote Originally Posted by ronfin44 View Post
      What? Great reasoning. Thanks to contributing to the decline of Society.
      Guess that went over your head...
      She started this to get Apple to do the right thing, not for profit. $5,000 is not big enough to get most people to file a suit and wait for it to come to judgement, waste time researching and most likely she hired a lawyer for this.
      She filed this as class action so people who have the same problem can join in on this, which benifit the 3G and 3GS society. I fail to see how that is decline of society..
    1. skj8100's Avatar
      skj8100 -
      Quote Originally Posted by madon View Post
      Erm, I was under the impression that 3G users can downgrade whenever they like (except for baseband), and performance wise the 3GS was fine with 4.x anyway (mine definitely was until I upgraded to a 4 anyway)

      If his 3G is too slow on 4.0 then he should go back to 3.x - nobody's forced him to update.
      Most 3g's are most definitely NOT fine on 4.0+ when I gave m daughter my old 3G I tried updating it to 4.0 but it was hell. Needless to say I downgraded. I couldn't downgrade it until it was jailbroken. As far as I'm aware you DO have to jailbreak to downgrade....in fact most iPhone users do not jailbreak. I don't see how this lady doesn't have a case here. Now what kind of case is another story. It will most likely end up a class action suit though.

      Quote Originally Posted by ADF View Post
      You all have to be kidding me? The 3G is three years old. Get a new phone already!
      While I and many agree, that is most definitely not the point...
      While what you said is accurate and valid to many of us that is not the reality of the situation...
    1. Simon's Avatar
      Simon -
      You don't have to jailbreak to downgrade. You will however need a tool like recboot or tiny umbrella to kick it out of recovery.
    1. hollow0's Avatar
      hollow0 -
      iOS 4 is not slow on 3GS, but is slow for 3G. If 3G can restore to 3.0 fw what is the issue? Why doesn't she just restore to that? I think i need more info on this article...something doesn't seem right.

      I guess iPhone 3G needs to be jailbroken to restore?
    1. jOnGarrett's Avatar
      jOnGarrett -
      lol., I cant stop laughing.

      Im glad to see somebody decided to fight back.
    1. dhamien's Avatar
      dhamien -
      Quote Originally Posted by hollow0 View Post
      I guess iPhone 3G needs to be jailbroken to restore?
      No, as x98car just said, you don't have to jailbreak to downgrade. Not with the 3G, not with any model.
    1. cheveli's Avatar
      cheveli -
      Quote Originally Posted by jmanng View Post
      I have to disagree with comments like "buy a new phone" - you kiddies need to move out of your parents basements and see how it is when you have mortgage, car payments and feeding basement dwellers that have the latest electronics (haha).

      very simply, I paid for the device, met my contract obligation and should be able to use that device any way I like from there forward. I agree that apple should not have further obligation than the warranty period to support or supply new versions of the iOS... but to entice and then load a version of iOS that is going to turn that device into a paperweight is VERY Wrong - I hope they get their asses kicked and I for one will not be buying any further ipod and itouches and iphones for my son because of this practice (if enough people took the same stance, this would self correct but unfortunately there are good products and there are many lemmings).

      lol, im not sure who you hang with, but im far from living in my parents basement. i have all of the mentioned responsibilities and still manage to buy a new phone. i guess everyone is different........

      Just like in PCs, just because it can be installed and can run, it doesn't mean its going to be at its full potential. Funny how we have a nice forum like this where users can learn from others, yet some users don't bother to fully investigate anything like new versions of iTunes, or new firmwares for example, but are quick to jump on the blame wagon.

      I noticed a lot of users who are for this case are using the "Well Apple has all this money, and make a lot of profit from this stuff..blah blah blah..., who cares its only 5k" Thats like saying its ok to sue someone because they can afford it. Its a business, not UNICEF.


      A real solution would be to have Apple create a specific tool for users to restore the phones to an earlier build of the iOS if they wish to keep the handset. That way the average user doesnt feel overwhelmed on performing the downgrade, or they can come to the forums and get some guidance

      Quote Originally Posted by skj8100 View Post
      Most 3g's are most definitely NOT fine on 4.0+ when I gave m daughter my old 3G I tried updating it to 4.0 but it was hell. Needless to say I downgraded. I couldn't downgrade it until it was jailbroken. As far as I'm aware you DO have to jailbreak to downgrade....in fact most iPhone users do not jailbreak. I don't see how this lady doesn't have a case here. Now what kind of case is another story. It will most likely end up a class action suit though.



      While I and many agree, that is most definitely not the point...
      While what you said is accurate and valid to many of us that is not the reality of the situation...
      i have all versions of the phone prior to the latest one. I gave my lil brother my 2G and my mother the 3G version. All of these were not upgraded to the latest capable build. Reason was because I did my research. People need to take the time and research. Look twice and act once. Safe yourself the headache.
    1. unison999's Avatar
      unison999 -
      ^^But you need to have the info SHSH into your computer.
      Problem is Apple should freely allow people to downgrade to which ever iOS they feel would work better for them.
    1. boe_dye's Avatar
      boe_dye -
      No, you don't technically have to Jailbreak to downgrade, however the process ultimately lies in doing the same thing you would do to jailbreak, which is as we all know kicking it into recovery.

      That being said, the normal user has very little to no clue about these sorts of things. Most of us here do, or at least are competent enough to find those that do and apply their knowledge.

      When iOS4 came out, my wife upgraded like everyone else. She had no desire to Jailbreak no matter how hard I tried to convince her...

      So iOS4 is pushed, she upgraded and suddenly functionality of just about EVERY native was gone. Notes, SMS, Contacts. The thing ran horribly to the point where everyday for the week she had it was nothing more than a headache. I downgraded her phone back to 3.1.3, jailbroke it and she's happier than a clam. Everything works fast and as it should.

      Not one of my friends had any luck with iOS4 on their 3G phones.

      With all of these reports going on, it reminds me of the debacle that Microsoft had when they pushed Vista onto computers that shouldn't have had Vista on it...

      Like my laptop that I am typing... Had Vista on it and spent the next week searching for drivers. Downgrading is not a pleasant process no matter how you look at it.

      It also doesn't help that when you downgrade an iPhone, you lose all your information that you accrued when you had the new iOS, but many of the apps start to become iOS4+ dependent which means that you have a phone that one day could access a wealth of apps to a phone that can only access a fraction of them.

      They might have something depending on what the findings are. Of course, it could just be some pissy customer.
    1. Dr.Xanax's Avatar
      Dr.Xanax -
      Excuse me guys but doesn't the 3GS also suffer from lag and slowdown? I can swear that I've noticed a speed reduction on mine.
    1. ronfin44's Avatar
      ronfin44 -
      Quote Originally Posted by unison999 View Post
      Guess that went over your head...
      She started this to get Apple to do the right thing, not for profit. $5,000 is not big enough to get most people to file a suit and wait for it to come to judgement, waste time researching and most likely she hired a lawyer for this.
      She filed this as class action so people who have the same problem can join in on this, which benifit the 3G and 3GS society. I fail to see how that is decline of society..
      It didn't go over anything. You're a moron.
    1. unison999's Avatar
      unison999 -
      Quote Originally Posted by cheveli View Post
      i have all versions of the phone prior to the latest one. I gave my lil brother my 2G and my mother the 3G version. All of these were not upgraded to the latest capable build. Reason was because I did my research. People need to take the time and research. Look twice and act once. Safe yourself the headache.
      Don't have to remind you how often people just click "upgrade" thinking it is actual "upgrade" without doing any research, should they be punished because of this? I don't think so.

      I also have multiple iPhones. Gave 2 of the 2G to my best friend's kids, and gave him my 3G. My 3GS went to my ex-girlfriend and I am playing with the 4 right now (again). I should not have to tell them NOT to upgrade, and they should have the ability to downgrade back if they have problem with the iOS.
    1. JacquesChirac's Avatar
      JacquesChirac -
      yea this is definitely long overdue
    1. madon's Avatar
      madon -
      Quote Originally Posted by skj8100 View Post
      Most 3g's are most definitely NOT fine on 4.0+ when I gave m daughter my old 3G I tried updating it to 4.0 but it was hell. Needless to say I downgraded. I couldn't downgrade it until it was jailbroken. As far as I'm aware you DO have to jailbreak to downgrade....in fact most iPhone users do not jailbreak. I don't see how this lady doesn't have a case here. Now what kind of case is another story. It will most likely end up a class action suit though.



      While I and many agree, that is most definitely not the point...
      While what you said is accurate and valid to many of us that is not the reality of the situation...

      Glad to see you bothered to read, I said 3GS units were fine with 4.x, not 3G.

      A 3G can be downgraded without jailbreaking, however depending on the baseband, it *may* need manually kicking out of recovery mode as the restore will error when it reaches that point in flashing the firmware.
    1. unison999's Avatar
      unison999 -
      Quote Originally Posted by ronfin44 View Post
      It didn't go over anything. You're a moron.
      Obviously it did or else you would not say decline to society when in actuality it is helping it out. You are the moron.
    1. l0k0's Avatar
      l0k0 -
      Hrmm i thought u could downgrade the 3G because no SHSHS blobs are required for a downgrade.
    1. Simon's Avatar
      Simon -
      Quote Originally Posted by l0k0 View Post
      Hrmm i thought u could downgrade the 3G because no SHSHS blobs are required for a downgrade.
      You can as long as it is for firmware before 4.0