• Your favorite

    Apple

    ,

    iPhone

    ,

    iPad

    ,

    iOS

    ,
    Jailbreak
    , and
    Cydia
    site.
  • "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. SnowLeo's Avatar
      SnowLeo -
      Apple had the fix all along to speed up the 3g the whole time that they put in 4.1 but this article is damn right that they purposely slowed it down to boost sales. Theres actually an underclock plist apple has set in order to help battery life and the interval for underclocking is significantly higher on ios 4 for 3g.

      Check out iOverclocker in the MMi source in Cydia and it disables the plist at the cost of shorter battery. Works pretty good too but not as good as ibnyaffas supercharged (:

      This is the reason why battery life on the 3g on 4.1 is shorter than 4.0
    1. vantheman169's Avatar
      vantheman169 -
      Thats like telling somebody they cant buy a car that is 3 years old. People are obviously missing the point here. People are still entitled to buying and using whatever phone they want.
    1. toyotag's Avatar
      toyotag -
      I should of thought of doing this. I'm just too lazy to go through all the legal hassles. I can attest that the woman in San Diego is 100% correct in her assessment. Since I installed iOS 4 on my 3G, the phone goes into a re-boot almost daily and is slow as hell; one step up from a brick. Installing 4.1 hasn't made it any better either. Therefore, I'm hesitant to buy an iPhone 4, because I don't want to fall into the "it's a new Apple product. Follow the light..." trap.
    1. adrian1480's Avatar
      adrian1480 -
      I think the suit makes sense to me. There's no way the *didn't know* that iOS4 on the 3G was as slow as it was. There's just no way. They're too thorough with their testing.
    1. ronfin44's Avatar
      ronfin44 -
      This stupid chic is suing for $5000?! This is why the civil courts are so screwed-up. Morons like her cluttering the system with frivolous lawsuits. She didn't do any personal research on the iOS4 performance, so now it's Apples fault? Her iPhone still operates, so even if it's slower it's no grounds to sue. *sigh*

      Quote Originally Posted by vantheman169 View Post
      Thats like telling somebody they cant buy a car that is 3 years old. People are obviously missing the point here. People are still entitled to buying and using whatever phone they want.
      But you don't sue the car dealership after you get home and realize the newest engine doesn't fit and just because you installed it assume it should make that old-*** car like new. iOS4 wasn't designed for the 3G.
    1. cheveli's Avatar
      cheveli -
      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!
      Exact same thing i was thinking. Time moves forward and so does tech. The phone is 3 years old, im pretty sure your contract is up for upgrade already

      People were getting upset when Jobs mentioned about certain iOS features missing in 3G version of the phone, even though he stated hardware isnt going to deliver the "experience" intended.


      Next lawsuit is going to be for people who have 5 year old PCs trying to play Crysis at full blast... mehhh
    1. alias213's Avatar
      alias213 -
      Quote Originally Posted by ronfin44 View Post
      iOS4 wasn't designed for the 3G.
      EXACTLY the point. If a customer has a 3G that needs fixing, the Genius Bar's first response is to update. Well that's great, but now the 3G phone is running iOS4, which wasn't designed for the 3G...

      I don't think that the person deserves $5000, but that's not the big picture. Think of how much $5000 is compared to the profit Apple made from making people switch from buggy 3G iPhones running iOS4 to 4G that run it normally.
    1. Poseidon79's Avatar
      Poseidon79 -
      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.
    1. jmanng's Avatar
      jmanng -
      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).
    1. twentythreemx's Avatar
      twentythreemx -
      Quote Originally Posted by ronfin44 View Post
      This stupid chic is suing for $5000?! This is why the civil courts are so screwed-up. Morons like her cluttering the system with frivolous lawsuits. She didn't do any personal research on the iOS4 performance, so now it's Apples fault? Her iPhone still operates, so even if it's slower it's no grounds to sue. *sigh*



      But you don't sue the car dealership after you get home and realize the newest engine doesn't fit and just because you installed it assume it should make that old-*** car like new. iOS4 wasn't designed for the 3G.

      No, but that dealer didnt FORCE you to put that new engine in. You could replace it with an identical engine that will run like new again!!!!

      How would you feel if you bought a brand new car from a dealer with a v8 in it.. took it home and the dealer called and said they need it back and "forced" you to put a 4 cylinder motor in it.

      Now your new car runs like a turd. How would you like that?

      Same thing. My gf went to talk to someone that should have known IOS4 on the 3g was a mess, they told her to do it, she did it, now she cant go back and its a pile of crap. Her fault? no. Apple/ATT fault - yes.
    1. ronfin44's Avatar
      ronfin44 -
      Quote Originally Posted by twentythreemx View Post
      No, but that dealer didnt FORCE you to put that new engine in. You could replace it with an identical engine that will run like new again!!!!

      How would you feel if you bought a brand new car from a dealer with a v8 in it.. took it home and the dealer called and said they need it back and "forced" you to put a 4 cylinder motor in it.

      Now your new car runs like a turd. How would you like that?

      Same thing. My gf went to talk to someone that should have known IOS4 on the 3g was a mess, they told her to do it, she did it, now she cant go back and its a pile of crap. Her fault? no. Apple/ATT fault - yes.

      You make ZERO sense. A cell phone isn't meant to last forever. Apple makes it pretty clear they're not supporting older OS's, yet you still want your gf's old 3G to work great on an iOS not designed for it. If it runs slower then go get a new phone, and get a better analogy while you're out.
    1. jmanng's Avatar
      jmanng -
      How's this for a better analogy... you take your 3 year old car that is no longer under warranty in for a general recall, while you're in for the free recall, the apple car company decides to insert some extra code into the carputer - now from here-on-forward, you can only get it serviced by the original apple-dealership? so you say no thanks, put back the old carputer... but they say sorry - old carputer no longer available (and not safe for you anyway).

      does that work for you? think car companies would get away with it?
    1. twentythreemx's Avatar
      twentythreemx -
      Quote Originally Posted by ronfin44 View Post
      You make ZERO sense. A cell phone isn't meant to last forever. Apple makes it pretty clear they're not supporting older OS's, yet you still want your gf's old 3G to work great on an iOS not designed for it. If it runs slower then go get a new phone, and get a better analogy while you're out.
      How does that not make sense? I'm not saying they should redesign IOS4 to run on the 3G any better. I'm arguing that they should make it just as easy to downgrade to 3.x just as easily as it was to upgrade and screw up the phone. An ATT employee suggested it. If she would have came home and talked to me first, I wouldn't have told her to do that.

      I agree that 3g is old hardware, and that it is not Apple nor ATT's responsibility to make new software run on it well. However, I strongly believe ATT should either offer a way to make that 3G usable again, or offer the iphone4 at the 199 price. If they did that, I would have no problem and she would be on a 4.

      OR they should have better communication to their uneducated employees that should have NEVER recommended iOS 4 on a 3g.

      So back to your crappy analogy, if the dealer told you "buy this $1000 engine and go home and install it, it will work great" and it does not..... then you wouldn't feel that dealer owed you something (a refund on the engine obviously)?

      I dont think she should get 5 grand from it, but she (and everyone else with a 3G) deserves something to aid the situation.
    1. ronfin44's Avatar
      ronfin44 -
      Quote Originally Posted by jmanng View Post
      How's this for a better analogy... you take your 3 year old car that is no longer under warranty in for a general recall, while you're in for the free recall, the apple car company decides to insert some extra code into the carputer - now from here-on-forward, you can only get it serviced by the original apple-dealership? so you say no thanks, put back the old carputer... but they say sorry - old carputer no longer available (and not safe for you anyway).

      does that work for you? think car companies would get away with it?

      Here's a better one. You take your car to get fixed and the mechanic says "Hey guy, they don't even make this car anymore but if you want me to fix it I'll have to install a part that will work, but may or may not be great for your vehicle." It's either install the new part and get that old hunk of crap to work, or BUY A NEW CAR! Idiots.

      Quote Originally Posted by twentythreemx View Post
      How does that not make sense? I'm not saying they should redesign IOS4 to run on the 3G any better. I'm arguing that they should make it just as easy to downgrade to 3.x just as easily as it was to upgrade and screw up the phone. An ATT employee suggested it. If she would have came home and talked to me first, I wouldn't have told her to do that.

      I agree that 3g is old hardware, and that it is not Apple nor ATT's responsibility to make new software run on it well. However, I strongly believe ATT should either offer a way to make that 3G usable again, or offer the iphone4 at the 199 price. If they did that, I would have no problem and she would be on a 4.

      OR they should have better communication to their uneducated employees that should have NEVER recommended iOS 4 on a 3g.

      So back to your crappy analogy, if the dealer told you "buy this $1000 engine and go home and install it, it will work great" and it does not..... then you wouldn't feel that dealer owed you something (a refund on the engine obviously)?

      I dont think she should get 5 grand from it, but she (and everyone else with a 3G) deserves something to aid the situation.
      Explain WHY they should make it easy or even allow the user to downgrade if they're no longer supporting those old OS's? You're acting as if you're entitled to be allowed to do so.
    1. Rinnycoop121's Avatar
      Rinnycoop121 -
      guys not everybody knows the consequences up updating your phone.

      some people think they are getting a better more stable IOS, believe me i have a bunch of friends, and for some reason they are all afraid of jail-breaking their phones, afraid in may break or something.

      i could never get a strait answer from them about it (THEY JUST DON'T KNOW).

      but all my buddies that have AT&T service have upgraded as soon as new IOS's are released, they think they are getting a better phone when they do upgrade.

      It actually pissed me off when i got my I4 i was on stock 4.0.2 and wanted to trade with one of my friends with a lower IOS so that i can jailbreak and unlock, but all of them had upgraded their phones to 4.1 already, so my Iphone stood on my desk as an itouch for about 2 month

      so when people say they were forced, they we not literally forced they are just not in to jail-breaking no interest at all, and the updates they all thought they were getting a better IOS.

      That is what i believe this persons problem is.

      it's not about jail-breaking it's about telling the consumer you get all these great options now if you update, so they do and once updated they phone runs like crap do you remember the 3g on 4.0.2 very sluggish now they are stuck with that.

      just my $0.02
      ________________________________________________

      P.S. i got my 9 year old son a 3G for his birthday which was only last month, he has a phone for about 3 days till he upgraded now he is stuck with an itouch, his baseband is updated to 5.09 and i forgot the firmware but ultrasnow does not support it.

      so yes people can upgrade by mistake also, my little kid had no idea he was supposed to hit no when itunes asked him to upgrade, he was unlocked on the tmobile kids for free plan, now he is stuck with no phone.
    1. jmanng's Avatar
      jmanng -
      you're too funny man - that's not what apple is saying... and they're preventing the mechanic from putting back the right part, are they not?
    1. KBI2113's Avatar
      KBI2113 -
      Quote Originally Posted by hitman10 View Post
      To bad it's always sue about money... Why not sue for a new iPhone or your money back. It's always about money.
      If they sue for money and win, they can buy 1,000 iPhone 4's! or 100 iPhone 5's when they come out.
    1. ronfin44's Avatar
      ronfin44 -
      Quote Originally Posted by jmanng View Post
      you're too funny man - that's not what apple is saying... and they're preventing the mechanic from putting back the right part, are they not?

      They're not "preventing" the mechanic from putting back the right part. They're telling you the part isn't made anymore. (ie they're not supporting it).
    1. twentythreemx's Avatar
      twentythreemx -
      Quote Originally Posted by ronfin44 View Post
      Here's a better one. You take your car to get fixed and the mechanic says "Hey guy, they don't even make this car anymore but if you want me to fix it I'll have to install a part that will work, but may or may not be great for your vehicle." It's either install the new part and get that old hunk of crap to work, or BUY A NEW CAR! Idiots.



      Explain WHY they should make it easy or even allow the user to downgrade if they're no longer supporting those old OS's? You're acting as if you're entitled to be allowed to do so.

      Like the poster above said in a way, many people were NOT told that it "may or may not be great" for the phone. In my personal example, my gf was told it would FIX her problems. All it did was make it way worse!!!

      So agian, with another one of your stupid analogies, if you take your car somewhere and they tell you "it might make it worse"... chances are whatever you just replaced, could be taken out and put the original back in IF YOU CHOSE TO.

      Apple is not allowing you to do that.

      Just... go away.
    1. tjb5099's Avatar
      tjb5099 -
      Lets all hope something comes from this

      ~Tim