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Thread: Apple CEO Tim Cook Sued Over Automatic Software Update Mechanism

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Originally Posted by amoamare Your wrong, you own the phone after 6 months in the subsidized contract agreement. This is why the agreement explictly states that if you cancel after
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  1. #21
    The Big D NewdestinyX's Avatar
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    Quote Originally Posted by amoamare View Post
    Your wrong, you own the phone after 6 months in the subsidized contract agreement. This is why the agreement explictly states that if you cancel after the first 30 Days and before the 6 months you must return the device. The device is paid for after 6 months not 2 years, they just lock you in a 2 year agreement in order to make more money over a longer period of time. I don't know why people jump to assume that you don't own the phone untill the contract date is up but that is wrong.
    That's fine. But at least 6 months. What I was correcting was the false notion held by 99% of folks that they own their phones immediately. But thanks for the clarification about 6 months. I'm still a little suspect of your numbers - because after 6 months they will NOT unlock the phone.. clearly communicating - you do NOT own it.. Or so it seems.
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    They don't have to unlock it, nothing is forcing them to unlock it and yes they will as long as you are good standing. I have unlocked multiple phones through my carrier even when not going 6 months after buying the phone. You can also pay the ETF and have it unlocked as well. The ETF is not for the difference for the phone. The ETF is for terminating your contract, if you buy a phone and cancel in the 2nd month you are supposed to pay the ETF and return the phone, if it's after 6 months you just pay the ETF.

    I do agree with you on that though, people jump to think they own the phone if they pay a subsidized pricing when that is not true, you are leasing the phone until you pay in full.

    Also this goes hand in hand, carriers are looking to line their pocket's. Customer service is a perk they hold because they do rely on your money obvously but thats besides the point. The carriers rely on people not contesting or being capable, smart enough to know the difference and clearly that is wrong as well.
    Last edited by amoamare; 10-19-2013 at 04:55 PM.

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    This is going to get thrown out really quickly. I think I remember a similar case not to long ago that got thrown out because there was "no physical or financial damage." Correct me if I'm wrong

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    Quote Originally Posted by scp347 View Post
    He should've got an android then, they hardly ever get updates lol
    LOL Too true!!

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    Quote Originally Posted by amoamare View Post
    They don't have to unlock it, nothing is forcing them to unlock it and yes they will as long as you are good standing.
    AT&T does NOT unlock phones in contract - even in good standing. I have first hand experience with this over MULTIPLE phones. For a short season they did in April of this year. And then you get the occasional 'new' customer service rep that doesn't know they shouldn't do it.. AT&T is so inconsistent - but their customer services manual (which I read from a friend) makes clear - NO UNLOCKS unless contract over - or ETF paid.
    I have unlocked multiple phones through my carrier even when not going 6 months after buying the phone.
    This worked for about a year.. until the new law passed. Now some old eBay unlockers are doing it 'illegally'. If you're getting it done now when a phone's in contract - you are breaking the law by participating in the unlocker's fraudulent activity. They've already made 4 examples of people in California on this. $50,000 fines. So be careful. The 'unlock recipients' were fines $10,000 from what I read. Google the case.
    You can also pay the ETF and have it unlocked as well. The ETF is not for the difference for the phone. The ETF is for terminating your contract, if you buy a phone and cancel in the 2nd month you are supposed to pay the ETF and return the phone, if it's after 6 months you just pay the ETF.
    Yes, this is 100% correct. Paying the ETF is like completely the contract and they will unlock the phone for you.

    But let's not miss the large picture - it's always missed on these forums when this topic is discussed. BURNING AN UPGRADE (as it's called here) and reselling the new in contract phone on eBay, for the unsubsidized prices, EVEN IF you make a proper description is UNethical - in a BIG WAY.. Because it forces your Buyer to get it unlocked ILLEGALLY from an ILLEGAL unlocker. You are party to a crime. A nearly unenforceable law - but aiding criminal activity. I don't want any parts of it. But 'commerce', greed and the moral relativism of today's youth will always believe "if it feels okay - do it"..


    Also this goes hand in hand, carriers are looking to line their pocket's.
    This is always a smokescreen argument.. like when we were kids and said, "But Mommy, Johnny did it too".. What the carriers do to 'rip us off' doesn't allow for us ripping off buyers on eBay. Make them use the criminal un-lockers.

    My last post on the topic. If people who sell in-contract phones for a profit on eBay can sleep well at night -- great... But it speaks to their poor character in my book. And the REAL shame is - they don't even understand how it's unethical. What's happened to this world, people....
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    I wonder how much it will cost him to sue the ultra-rich Tim Cook.

    And yeah, automatic updates are very annoying. My #1 rule with personal computers in general is to never let them do anything unless I explicitly tell them to. I disable almost everything I'm not using.

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    Quote Originally Posted by slim.jim View Post
    You can't download the update on a cellular network. It will not let you. This lawsuit is just stupid. Also this guy has probably never met Tim or Steve and his whole law suit is based on assumptions of how they run/ran Apple.
    it still takes up space, if uninstalled on your iDevice, which is an issue
    Last edited by dsg; 10-19-2013 at 10:15 PM.
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    Here's a Solution...DON'T UP DATE..LOL..Geez iPhones are SO SIMPLE to use, that you don't have to update if you choose not to. It's not automatic..lol why do people think that it's automatic?..it's Too funny & this guy's Lawsuit is a Joke, & it just goes to show you that some people have WAY!!!!!!!..to much time on their hands..lol

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    because as soon as you connect to power and WiFi it automatically downloads, taking 3GB of space on your iDevice, which you can't get back unless you install iOS 7, which is unacceptable
    Last edited by dsg; 10-19-2013 at 10:40 PM.
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    Quote Originally Posted by AKCHRIS View Post
    Here's a Solution...DON'T UP DATE..LOL..Geez iPhones are SO SIMPLE to use, that you don't have to update if you choose not to. It's not automatic..lol why do people think that it's automatic?..it's Too funny & this guy's Lawsuit is a Joke, & it just goes to show you that some people have WAY!!!!!!!..to much time on their hands..lol
    Try telling that to 1400 kids who take their iPads home at night in a school environment. This isn't just for the average Joe. Apple needs to meet the needs of businesses and schools now too. To tell a kids not to update is like trying to tell a 1st grader not to pick their nose. It's going to happen eventually.

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    Seriously, this is actually a big deal. This update is taking up about 1/8 of the total space on the phone. That is a big portion, for something that the guy wasn't planning on using anyway. I never knew this was a "feature" and from now on I will update as soon as possible to avoid wasting space. On the other hand, I'm not sure that this is true, because my phone definitely did not have enough space to download iOS 7 before I actually installed it. In addition, it took quite some time for the update to download when I finally got around to deleting stuff so I can't personally back up his claim.

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    It doesn't automatically download if you don't have enough space, apparently
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    I agree with the guy who sued. I hate this also. I do not like iOS 7, and to be honest, it really isn't even iOS anymore. Its becoming Android, too much like it, because Apple wants to be like them, because they see the success they're having. The only reason I can avoid this is because evasi0n disables the OTA daemons, and therefore doesn't check for, or download the new updates...

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    Quote Originally Posted by iH85CH001 View Post
    I agree with the guy who sued. I hate this also. I do not like iOS 7, and to be honest, it really isn't even iOS anymore. Its becoming Android, too much like it, because Apple wants to be like them, because they see the success they're having. The only reason I can avoid this is because evasi0n disables the OTA daemons, and therefore doesn't check for, or download the new updates...
    Mean to tell me, that your not using or have installed any of the same type features in iOS7 on your jailbroken iPhone? For me? With the new features, that does away with about 6-7 JB tweaks for me.

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    I find the jailbreak tweaks are better implemented, than Appl£'s lame attempts
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    Quote Originally Posted by Scotty Manley Silberhorn View Post
    They at least need to give education and businesses the option to disable automatic updates or Ota updates all together with mobile device managements. That way we know it's stable, managed devices will be able to update without any problems occurring.
    How to disable automatic app updates on iOS 7 | How To - CNET

    If you won't click the link, at least read the link.

    This lawsuit is retarded, frivolous and an insult to our justice system.

    [EDIT]: Never mind. I see this is a complaint regarding the automatic DOWNLOADING of new firmware updates. Either way, suing over this isn't the way to go—it isn't forcing you to install the actual software; it only downloads it. If it were forcing an install AND he lost some money because, perhaps, his business uses iPhones as work phones and one of the updates cost him some money, he would have a case. But he's not. He doesn't have a case.

    This has existed since iOS 6.
    Last edited by Christophxr; 10-20-2013 at 10:12 PM.

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    lol, thats only when your on iOS 7, you cant do it on iOS 6 which is what this is about

    Edit: Apple forces you to download iOS 7, which takes up space on YOUR iDevice, you choose to or not to install it, if you install it you get your space back if you choose not to install your down 3GB of storage space, you have to be connected to WiFi and 'Power' (not sure about the power part)

    Edit 2:
    Quote Originally Posted by Christophxr
    This has existed since iOS 6.
    no it hasn't
    Last edited by dsg; 10-20-2013 at 11:01 PM.
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    Quote Originally Posted by Christophxr View Post
    This has existed since iOS 6.
    Absolutely false. iOS 6 does NOT have this auto download feature. Get your facts straight please.
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    Quote Originally Posted by dsg View Post
    lol, thats only when your on iOS 7, you cant do it on iOS 6 which is what this is about

    Edit: Apple forces you to download iOS 7, which takes up space on YOUR iDevice, you choose to or not to install it, if you install it you get your space back if you choose not to install your down 3GB of storage space, you have to be connected to WiFi and 'Power' (not sure about the power part)

    Edit 2:

    no it hasn't
    Where are you getting 3GB of space? The ipsw file for iOS 7 is approximately 1.2GB.

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    Quote Originally Posted by slim.jim View Post
    Where are you getting 3GB of space? The ipsw file for iOS 7 is approximately 1.2GB.
    Are you sure that's not just zipped size, slim?
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