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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. twentythreemx's Avatar
      twentythreemx -
      Quote Originally Posted by ronfin44 View Post
      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).


      So in your little situation you've made up in your head.. is the phone the car, or the part????? It seems that you've tried to switch the 2...


      The OS is still very accessible... and apple could make it available in itunes with a few clicks of a button I'm sure. Just because the 3G isn't sold new anymore, people are STUCK IN CONTRACTS that FORCE them to use that phone.

      If anything, Apple should be forced to support that phone for 2 years after they stop selling it new, due to people "forced" into using it due to contracts.
    1. enog's Avatar
      enog -
      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.
      If what you say is true, then answer me this question:

      Why did Apple release iOS4 for the iPhone 3G, if they didn't design it to work on it?

      Simple fact, they did design it to work on it, and they designed it to degrade the experience and "encourage" 3G owners to upgrade to a newer phone.
    1. ronfin44's Avatar
      ronfin44 -
      Quote Originally Posted by enog View Post
      If what you say is true, then answer me this question:

      Why did Apple release iOS4 for the iPhone 3G, if they didn't design it to work on it?

      Simple fact, they did design it to work on it, and they designed it to degrade the experience and "encourage" 3G owners to upgrade to a newer phone.
      I love conspiracy theories.
    1. enog's Avatar
      enog -
      Quote Originally Posted by ronfin44 View Post
      I love conspiracy theories.
      Ok, explain why 4.0 ran like a bag of crap, and 4.1 runs almost as well as 3.1.x did?

      You sure it's a conspiracy theory, that Apple could mysteriously include a bug that ONLY affected iPhone 3G handsets, and that they could cure very simply? Hmm...
    1. ronfin44's Avatar
      ronfin44 -
      Quote Originally Posted by enog View Post
      Ok, explain why 4.0 ran like a bag of crap, and 4.1 runs almost as well as 3.1.x did?

      You sure it's a conspiracy theory, that Apple could mysteriously include a bug that ONLY affected iPhone 3G handsets, and that they could cure very simply? Hmm...

      I also love when people state their opinions as facts.
    1. enog's Avatar
      enog -
      Quote Originally Posted by ronfin44 View Post
      I also love when people state their opinions as facts.
      I love it when people add nothing to a discussion, and also contradict themselves by stating their own opinions as facts.

      Funny how that works, huh?
    1. twentythreemx's Avatar
      twentythreemx -
      group hug.

      honestly 4.1 runs better on the 3g than 4.01/02 did, but it is still REALL bad and I would not say it is comparable to 3.1 at all.... its very frustrating using it.
    1. ronfin44's Avatar
      ronfin44 -
      Quote Originally Posted by enog View Post
      I love it when people add nothing to a discussion, and also contradict themselves by stating their own opinions as facts.

      Funny how that works, huh?

      Really. You're very arrogant to make a bold claim like that considering the irony in your post. Point to where I've made any claim that my opinion is fact. Funny when you have to eat your own words huh.
    1. unison999's Avatar
      unison999 -
      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 it is just walking up to Jobs and say "Your iOS sucks, give me my money back or give me a new iPhone" and actually get a response, I am sure every 3G and 3GS owners would do it.

      Why can't it about money?
      Maybe she had enough of Apple's tactics and decide she does not want another iPhone.
      It cost her money to file this lawsuit, why should not there be reimbursement on the cost to file this lawsuit?
      The fact that she made this class action suit so other iPhone owners can join in should give her the benifit of the doubt on her intentions.
    1. ronfin44's Avatar
      ronfin44 -
      Quote Originally Posted by unison999 View Post
      If it is just walking up to Jobs and say "Your iOS sucks, give me my money back or give me a new iPhone" and actually get a response, I am sure every 3G and 3GS owners would do it.

      Why can't it about money?
      Maybe she had enough of Apple's tactics and decide she does not want another iPhone.
      It cost her money to file this lawsuit, why should not there be reimbursement on the cost to file this lawsuit?
      The fact that she made this class action suit so other iPhone owners can join in should give her the benifit of the doubt on her intentions.
      It doesn't cost $5000 to buy a new phone or file a lawsuit.
    1. unison999's Avatar
      unison999 -
      Quote Originally Posted by ronfin44 View Post
      It doesn't cost $5000 to buy a new phone or file a lawsuit.
      If she just wanted money from a big corporation, it would not be $5000.
      Hell someone spilled coffee on his/her lap and got millions from McDonalds, why not go for that if she wanted money?
    1. ronfin44's Avatar
      ronfin44 -
      Quote Originally Posted by unison999 View Post
      If she just wanted money from a big corporation, it would not be $5000.
      Hell someone spilled coffee on his/her lap and got millions from McDonalds, why not go for that if she wanted money?
      What? Great reasoning. Thanks to contributing to the decline of Society.
    1. mortopher's Avatar
      mortopher -
      The overall level of intellect displayed on this thread is appalling.

      Good luck to her.
    1. alexevo's Avatar
      alexevo -
      I have a 3GS and a 3G and it is possible to downgrade the 3G to 3.x firmware. You just need to download the actual firmware(probably from iClarified) and then shift+restore to select the firmware you want. She obviously didn't ask anyone with any knowledge about firmware for help otherwise she would have found that out. Also, 4.0 has been out for how long and she is just now complaining about it?
    1. ronfin44's Avatar
      ronfin44 -
      Quote Originally Posted by mortopher View Post
      The overall level of intellect displayed on this thread is appalling.

      Good luck to her.

      Irony considering you support her in her frivolous lawsuit.
    1. alexevo's Avatar
      alexevo -
      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.
    1. zozodouce's Avatar
      zozodouce -
      this is not a good thing for apple, when the average daily users that doesn't know a thing about how to jailbreak/downgrade their iphone or doing all stuff that we do here on a daily bases are tired of them and their garbage.
    1. alexevo's Avatar
      alexevo -
      zozo if they don't know about downgrading then why are they upgrading without knowing what will happen either? it works both ways.

      edit: if apple acted irresponsibly in making 4.0 for the 3G then why did they omit multitasking for the 3G? their reason was they felt multitasking would be too taxing on the hardware so they chose not to implement it for the 3G but they did for the 3GS. mind you the iphone 4 came out around the same time that ios$ was released. if it were apple's intention to get users to upgrade then they wouldnt have offered all the features of ios4 on the 3GS.
    1. dhamien's Avatar
      dhamien -
      Quote Originally Posted by vantheman169 View Post
      That is a completely wrong statement "nobody forced 3G users to upgrade".

      What if a 3G user had problems with their iPhone and had to restore, but because Apple stops signing old firmware's after a new version is released they have no choice but to upgrade or jailbreak their device (which if u hav an iPhone the only way is to have it is jailbroken IMHO, but that's not the point). The point is u have to upgrade when u restore or u have to use tinyumbrella to bypass Apples server and u must have your shsh blobs saved with cydia or locally on your computer or on Cydia's server. so think before you make statements that are no true at all. Ciao!
      Don't tell someone to think before making statements when you yourself are wrong. If a 3G user is forced to restore for some reason, he can do it to 3.x just fine. No problems there. Simply download the 3.x firmware and shift-restore.

      As for the 3GS phone, that could handle iOS 4.x, so no problems there.

      This whole lawsuit is without merit. As has already been said, 3G users can downgrade at will and 3GS users can handle iOS 4.x just fine. That said, if something comes out of this lawsuit and it'll be made possible to downgrade for everyone, then I'm all for it. But someone suing for money, that's just idiotic.

      edit: just read further in the thread and saw Van had already been corrected. Disregard that part of my post.
    1. rocky5's Avatar
      rocky5 -
      The problem alot of people are missing is she was misinformed by apples new update log when updating to a new iso it did not state that when you install this firmware there may be a performance hit, or that your phone may run slower than a week in the jail, it only listed benefits.

      So what I'm saying and why apple will be done for false advertisement is because the state improments when there are none.

      If everyone could just go buy a new iPhone everytime one came out they probably would, but not everyone can, so statements about it's old get a new one are redundant.

      I have 2 kids and a wife I can't afford a new iPhone as soon as they come out I had to wait 2 month (I did buy it out right 590.00) but I already had a contract and never wanted a new one.

      But 590 is fOoking nuts for phone lol last one I will be buying for well over a year.