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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. cheveli's Avatar
      cheveli -
      Quote Originally Posted by unison999 View Post
      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.



      I understand your point on the avg. user. I guess thats how people learn. Just like any OS updates, be it Windows, Linux, or MAC OS X, just hitting the upgrade button leaves one vulnerable.


      You shouldn't have to tell them not to upgrade, but would be a nice gesture if you did. Carry over what you learn to someone else, just like websites like this one are here for.


      Once again, i agree that user should have an easier option to downgrade, thats why i said Apple should release a specific tool for this.
    1. Sk8r789456's Avatar
      Sk8r789456 -
      Most of these replies are stupid. Not everyone has AT&T so they can't renew and get a new iPhone. I never been forced to update my iPhone. Most people are just money hungry trying to find new ways to get money.
    1. CX3NT3_713's Avatar
      CX3NT3_713 -
      people just upgrade to a iPhone 4!!!! problem solved!!!! ha
    1. geekymom's Avatar
      geekymom -
      But you enog are missing a very important point, her phone was purchase more recently. Her contract has yet to expire, so she is stuck with a phone that is not working properly and no longer supported. This is not fair to her as a consumer buying a product that is she is still contracted to use, or pay full price for to upgrade. Sounds suspicously like a scam for them to make more money off of her and how many other people who purchased a phone, got into a contract, and now the phone is not supported, their tech people recommend upgrade (which you admit is not the thing to do). The lag time from the time you stop selling a product and the time you stop providing "real" support, should equal the amount of the contract time for the last days they are sold.
      Think about it!!!!
    1. AKCHRIS's Avatar
      AKCHRIS -
      I think this is a Joke. First if she did her research and THEN..decide i if she wanted to upgrade she just went ahead and did it. It' Her fault, that why they have forums.so u can Read them,LMAO.
    1. delusion950's Avatar
      delusion950 -
      iOS 4 and up for 3G sucks, it lags even with 4.1 iOS that promised it would stop lagging.
    1. steve-z17's Avatar
      steve-z17 -
      Quote Originally Posted by mortopher View Post
      The overall level of intellect displayed on this thread is appalling.

      Good luck to her.
      Lol! Agreed!

      (Minus the suing part)
    1. athleticswimmer's Avatar
      athleticswimmer -
      Quote Originally Posted by crankz1 View Post
      Hopefully the judge has a 3G...

      haha that made my day!!! in funny standards
    1. JA.3's Avatar
      JA.3 -
      She has the money to spend on an attorney but can't shed out a couple hundred for an iPhone 4?
    1. CaptainChaos's Avatar
      CaptainChaos -
      I am going to sue Apple because iTunes runs like crap on my HP. Not because they forced it on me, but because they are trying to get me to buy a Mac.
    1. Navagosostis's Avatar
      Navagosostis -
      for gods sake, stop that stupid car analogy, because it makes no sense at all. we talk about software, so stick there.
      take office 2003, and imagine one day you upgrade to office 2010.
      if your computer is made back in 2003 or sth, it works perfectly with office 2003, but it will become nightmare with office 2010, opening a document takes ages, you hate it, you decide to go back to office 2003 and spare the new features for the speed of the older one. since you have bough 2003version before, you have every right to delete office 2010, and go back to 2003. you have the disk, you install the old version and you are happy again. right???

      the case of iphone 3g is the same. you have an old hardware, and you have every f@ right to keep it. someone tells you to upgrade from 3.1 to ios4 to get these extra features, and you make the mistake to do so. and you realise it does add couple of new features, but it makes the phone extremely slow. and you say ok, ill go back to the old version, ios3.1 or sth. BUT NO, you can not. why can i not, when i bought it, i could run it under 3.1 .

      I do agree that apple has the right to say we dont support 3.1 any more, and they can delete it from their servers, the same way that you cannot buy office 2003, or windows 98/me anymore. but if you have the disks, you have the right to use them now.

      with iphone ios, you cannot officially keep an older version. its not written in the manual how to do it. and thats what these people complain about.



      as for the people that write stupid BS like "go buy a new phone", you are plain idiots. the day you will start working yourselves, and stop tit-sucking your parents, you will understand how stupid you were. and having said that, i own all four iphone models. not anybody can, and i respect that.
    1. madon's Avatar
      madon -
      On the iPhone 3G, yes you can.

      If you have the IPSW for 3.1.x, you can downgrade it yourself. Another long analogy post that turns out to be pointless as it ignores the already established facts in the thread.
    1. fumiteru's Avatar
      fumiteru -
      Quote Originally Posted by MacDevil7334 View Post
      Umm...actually, the 3G does not require SHSH blobs to perform restores. Apple implemented a "soft" SHSH check in the 4.0 software for the 3G. However, the SHSH check is not hardcoded into the phone like it is in later phones, and Apple put no such "soft" checks in earlier firmwares. As long as the user knows how to kick a device out of recovery mode, downgrading a 3G to 3.x is not very complicated.

      The main point of the suit is that, for the average user, a downgrade is pretty much impossible.

      Ya totally agreed... it's really nice that someone stood up.. i'm having a 3g, gave me a lot of issues especially on 4.0.. performance wise really not that impressive, and furthermore, multitasking feature is missing on 4.1... huumpphh,not as good as they said they said it is..
    1. jmanng's Avatar
      jmanng -
      hey chevli, glad you enjoyed the jibe.

      quite simply, if apple allows you to upgrade a unit, they must allow you to restore to original firmware (instead of purposely disabling the same mechanism).

      they simply are using this to force customer upgrades and forcing people to deal with their approved cellular business partners - less choice, more $$$ for them - likely get a cut of the action

      hopefully the court will find apple's actions contrary to both the consumer and anti-competion acts and fine their ***** big time
    1. sabersurfer's Avatar
      sabersurfer -
      Nice, they should make Apple replace/swap all iPhone models with their iPhone 4 for free

      My 3GS has been dropping calls, not even dialing some numbers (just hangs on the Calling screen but don't actually call), I get "Call failed" immediately after i hit the call button a lot. Getting to be very annoying
    1. cheveli's Avatar
      cheveli -
      Quote Originally Posted by Navagosostis View Post
      for gods sake, stop that stupid car analogy, because it makes no sense at all. we talk about software, so stick there.
      take office 2003, and imagine one day you upgrade to office 2010.
      if your computer is made back in 2003 or sth, it works perfectly with office 2003, but it will become nightmare with office 2010, opening a document takes ages, you hate it, you decide to go back to office 2003 and spare the new features for the speed of the older one. since you have bough 2003version before, you have every right to delete office 2010, and go back to 2003. you have the disk, you install the old version and you are happy again. right???

      the case of iphone 3g is the same. you have an old hardware, and you have every f@ right to keep it. someone tells you to upgrade from 3.1 to ios4 to get these extra features, and you make the mistake to do so. and you realise it does add couple of new features, but it makes the phone extremely slow. and you say ok, ill go back to the old version, ios3.1 or sth. BUT NO, you can not. why can i not, when i bought it, i could run it under 3.1 .

      I do agree that apple has the right to say we dont support 3.1 any more, and they can delete it from their servers, the same way that you cannot buy office 2003, or windows 98/me anymore. but if you have the disks, you have the right to use them now.

      with iphone ios, you cannot officially keep an older version. its not written in the manual how to do it. and thats what these people complain about.



      as for the people that write stupid BS like "go buy a new phone", you are plain idiots. the day you will start working yourselves, and stop tit-sucking your parents, you will understand how stupid you were. and having said that, i own all four iphone models. not anybody can, and i respect that.
      u said tit!!!

      If you dont like how it runs, buy a new phone. simple as that. i have a job, and a nice one at that. so this whole idea that the users making these comments are either financially dependent on their parents is far fetched.

      Office 2003 is soooooooo 7 years ago.
    1. akag9's Avatar
      akag9 -
      That's a lie. Plane and simple. Shame on you.
    1. alexevo's Avatar
      alexevo -
      The reason Apple doesn't want you to know how to downgrade is because their updates are for a reason. They add new features and while adding new features what they don't tell you they are doing is patching security holes or glitches in older firmware because nobody wants to hear that their current software is buggy even though we know every single iteration of every single piece of software ever created has bugs and updates merely reduce the number of bugs or make them slightly less dangerous.

      The phone runs slower because more memory hungry software has been installed that also serves a positive purpose. Remember the PDF font explot that Comex used for JailbreakMe? If you didn't update(or if you were jailbroken and you didn't install the patch) then your phone was susceptible to attacks.

      I doubt she ever bothered to find out if she could downgrade or even Googled it because if she did then she would have come across a vast plethora of information on how to downgrade.
    1. xclusiveiphone's Avatar
      xclusiveiphone -
      She's going to get a free iPhone 4 if she wins this case.
    1. MiSTRFiNGA's Avatar
      MiSTRFiNGA -
      Telling someone to "just buy a new phone" is absolutely Ridiculous. Just because YOU can afford to buy a new phone, does not mean other people can. So just because you are wealthy, or able to afford a new phone does not make everyone else stupid. You should have the option to downgrade to your ORIGINAL FACTORY FIRMWARE no matter what. Plain and simple. The law suit is dumb, BUT what it does is make a statement to Apple that they need to review their business practices. I have a 3G & I just bought a 4. After getting it I decided to upgrade my 3G to 4.1 so that I can use it as a backup toy ie:music and games. It bricked my phone. I cannot upgrade or downgrade. I have read online that this has happened to alot of people. That is not fair just because the phone is 2 or more years old. People keep using a car analogy, so if I bought a car 3 years ago, and they stopped supporting it and the mechanic told me "just buy a new car" I'd be pissed and prolly wanna punch him in the face for being such a douche. Why do we have a time limit here on device usage??? You have to sign a NEW 2-year agreement, so all devices should be covered for TWO years after the LAST DATE allowed to have purchased said device. Just allow THE COMMON USER to be able to go BACK TO FACTORY DEFAULT! Thats not asking for much...