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  • Siri at The Heart of New Class Action Lawsuit


    If a teenager texts his mom via iMessage and autocorrect somehow changes the context into an inappropriate message (thereby causing the teen to get grounded by his mom), can this teenager then turn around to sue Apple for damages? Sounds pretty ridiculous, huh? Fortunately, that's just a silly example I made up. Unfortunately, this next example isn't.

    On Monday, New Yorker Frank M. Fazio filed suit against Apple claiming false advertising. His argument? Siri doesn't work as well as the commercials suggest it does. So he's suing Apple for perpetuating a "misleading and deceptive" message. Fazio says Siri is “at best, a work-in-progress” and shouldn't be promoted as anything more in the media.

    According to the WSJ, the class action lawsuit includes the following language:

    [I]n many of Apple’s television advertisements, individuals are shown using Siri to make appointments, find restaurants, and even learn the guitar chords to classic rock songs or how to tie a tie. In the commercials, all of these tasks are done with ease with the assistance of the iPhone 4S’s Siri feature, a represented functionality contrary to the actual operating results and performance of Siri.
    Although, from where I stand, it's hard to take this lawsuit 'siri'ous - pun fully intended - the matter at hand is out of my hands. And the legal system must now decide if the lawsuit, which requests "unspecified damages," has merit.

    Source: WSJ
    This article was originally published in forum thread: Siri at The Heart of New Class Action Lawsuit started by Michael Essany View original post
    Comments 47 Comments
    1. GeoffS4's Avatar
      GeoffS4 -
      Quote Originally Posted by BIMPtacular View Post
      False advertising is a more valid claim, in my opinion, than another tablet manufacturer making tablets that are thin, have a black bezel, and rectangular in shape. At the end of the day this is all subjective, but being a consumer myself, and enjoying what little rights we have as consumers, I tend to side with consumers when I feel that something may carry weight. I don't personally have an iPhone anymore and honestly don't care about Siri at all, but I can understand where people may feel misled about what she can do. Apple is also using the Beta tag to avoid things like this. Once something is released to the public and being sold to customers, its hardly fair to say its still in Beta, especially when its a MAJOR selling point. I make video games for a living and I would love to see a game company do that and expect people not to complain. I think that Apple makes quality hardware, but as a software engineer I can hardly say the same for their software. Apple fans are one of a kind and Apple should thank their lucky stars. Just saying.
      I hear a lot of what you're saying. I am reminded of Microsoft products that are (were?) sold under the pretense of working (MS operating systems). Though much improved, do you all remember the "blue screen of death" &/or the relative frequency of locking up? How about actually purchasing, actually paying additional money, for code fixes to a faulty product (Word, Excel).

      I guess a fair question is what is reasonable as "advertising" a BETA product and promoting as a "motivational" product for purchase. Historically, whenever I came across a BETA product it was free and quite often if used/tested/feedback submitted, I could have the production version for free. I am very specifically referring to video games. A bit trickier when Siri comes with the iPhone (for free???), but it's a fair question.
    1. BIMPtacular's Avatar
      BIMPtacular -
      I agree with most of what you're saying, but while Siri comes "free" with the phone it is basically the ENTIRE selling point for the phone. If it were TRUE beta software why can't you use it with iPhone 4/iPads? Because they used it to sell the 4S because it was too similar to the 4. Tricky tricky.
    1. tomdotcom's Avatar
      tomdotcom -
      Quote Originally Posted by BenderRodriguez View Post
      WHY is it still in beta after the release date was like 5 months plus they had to test it before they released it right?

      So is it going to be beta forever?
      They had 5 months to test it yes, but how many testers did they have?

      Tests are always better and more helpful the more testers you have. Put Siri on the 4S, sell a few million units in the 1st week and Apple gets a whole mountain of test results in a short time. Way more results than they would get from a handful of Apple employees using it.
    1. sziklassy's Avatar
      sziklassy -
      Quote Originally Posted by BenderRodriguez View Post
      Wasn't it like 4 months and u could only get in on it if your friends invited u and they were a member then after that it was open to everyone? Or was it longer?
      Thing is to also free. Siri is not. Not of you consider you need to buy a 4s to use it.

      Quote Originally Posted by tomdotcom View Post
      They had 5 months to test it yes, but how many testers did they have?

      Tests are always better and more helpful the more testers you have. Put Siri on the 4S, sell a few million units in the 1st week and Apple gets a whole mountain of test results in a short time. Way more results than they would get from a handful of Apple employees using it.
      Put Siri on all Idevices running iOS 5.x and get even mre. Siri is a clear selling point for people who need that extra push to go from a 4 to a 4s. It's really that simple. If its a selling point make sure people know its beta when you advertise.
    1. SeveIV's Avatar
      SeveIV -
      I hope he wins, screw apple, they sue everyone and their momma over the dumbest crap ever because they are cry babies
    1. GeoffS4's Avatar
      GeoffS4 -
      Quote Originally Posted by SeveIV View Post
      I hope he wins, screw apple, they sue everyone and their momma over the dumbest crap ever because they are cry babies
      SeveIV, I'm coming over to your house and taking your...car, tv and computer. You don't mind me taking your property from you do you? Make sure you don't raise a stink over it and . . . "cry".
    1. kadernal's Avatar
      kadernal -
      Quote Originally Posted by GeoffS4 View Post
      SeveIV, I'm coming over to your house and taking your...car, tv and computer. You don't mind me taking your property from you do you? Make sure you don't raise a stink over it and . . . "cry".
      Yea then you should have nonconsensual sex with his dog!!!



      the fanboyism on this site is just astounding.

      how is breaking and entering/ burglarizing someones home similar to suing a company that has more cash than the US government. please do explain.