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07-08-2013, 05:26 PM #1
Apple Being Sued for Allowing Users to Purchase HD Content on Non-HD Devices
The Cupertino California company is being sued in a new class action lawsuit led by Florida lawyer Scott Weiselberg, who is accusing the company of allowing customers with older devices to download and purchase higher quality content without being able to actually play it. According to GigaOm, the following was mentioned regarding the lawsuit:
This class action involves defendant Apple, Inc. ("Apple") and its deceptive business practice of charging a premium price for the rental of HD content programs (e.g., movies, etc.) to consumers on early versions of Apple devices that Apple knew could not play HD content, and which only played the less expensive standard definition ("SD") content that Apple downloaded at the time of the rental.
As a result, millions of customers were deceived into paying the $1 premium for HD content rentals for their SD Apple Mobile Devices.
Although both SD and HD content is clearly marked in the App Store, Weiselberg states he wasn’t aware that his phone could not play HD content. Within the filing, he suggests that Apple should have recognized his device type and prevented the purchase of HD content from an SD-only capable phone.
High definition content playback was first introduced in 2008, along with the release of iTunes 8.0. At the time, older iPhones and iPod Touches did not support the new format, allowing many mistaken purchases to be made. Apple has changed the download process, introducing several warnings to help prevent HD content from being downloaded by an SD-only device but Weiselberg states that SD options are still too confusing and difficult for users to find.
Weiselberg’s lawsuit seeks an unspecified amount of damages, plus interest, sustained by the Plaintiff and the Class, as well as legal fees. We’ll have to wait and see if the lawsuit helps to change the issue at hand or if Apple will win out.
Source: GigaOm, Scribd
07-08-2013, 05:40 PM #2
So refund his rental fee for the movie!!!
Here we go..... So it's Apple fault because this guy didn't bother to read the owners manual/guide on his iPhone??? To know what it can and can't view??? I call total BS!!!! This is in no way worth a class action lawsuit and this guy deserves to be B!atch SLAP big time.
07-08-2013, 05:42 PM #3
just get a refund
07-08-2013, 05:45 PM #4
And every idiot who buys a Blu-ray player or disc without owning an HD TV should sue Walmart. **** this guy.
Also, isn't rented content available for viewing on any device you log into iTunes on?
07-08-2013, 06:14 PM #5
This lawsuit won't make it: why? Because he still got what he payed for. If he went on his computer and looked at his purchases, he would be able to play the HD version there. It's his fault for being an idiot, not Apple. He is going to be pretty pissed when he realizes that if he had just shut up and watched the movie, he would have cut his losses at $1. Now he has to pay for legal expenses and his lost time.
07-08-2013, 06:24 PM #6
obviously you guys never ran into "ambulance chasers".
The lawyer will represent the guy without any legal fees if he lost the case, so there is absolutely no cost the the plaintiff but the lawyer gets most of the money for the legal fees.
The reason why this guys is stupid is he actually hired a lawyer for this, could have brought this to small claims court without a lawyer. Not only Apple will not show up because of small amount (auto win), he will take home more money if he can justify the cost. Like time doing the research + filing a case + consultation with a lawyer + cost to print all evidence etc
07-08-2013, 06:29 PM #7
Ooh can I use for being a dumbass too?
07-08-2013, 06:29 PM #8
07-08-2013, 06:33 PM #9
07-08-2013, 06:42 PM #10
07-08-2013, 06:49 PM #11
I wish I is stoopid to,. Than i culd sew sumwon to?
07-08-2013, 09:54 PM #12
I want to be able to buy HD content on my non-HD device. For example, I am out and I want to buy a movie to watch on my phone, but I want to come home and watch it in HD, so I would buy it in HD.
07-08-2013, 09:58 PM #13
another reason why the app store should have a refund window. so iDiots can get refund and not file frivolous get-rich-quick lawsuits.
07-08-2013, 11:05 PM #14
07-08-2013, 11:07 PM #15
You guys who are talking about the mcdonalds coffee need to go on netflix and watch "hot coffee" its a documentary. Seriously
07-08-2013, 11:11 PM #16
It plays on multiple devices, if I didn't have the choice I would be pissed. What if I wanted to start watching on my phone then later on my Apple TV. This will fail hopefully, or Apple needs new lawyers(which isn't true).
07-09-2013, 12:13 AM #17
He accepted the TOS. HE SCREWED!!
07-09-2013, 02:43 AM #18
07-09-2013, 04:11 AM #19
07-09-2013, 07:23 AM #20
That seems like a completely ridiculous lawsuit. If/when I own a device that isn't HD I still want the ability to buy the HD content so I can play it on an HD device, or will have the HD content for when I upgrade to an HD device.