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10-19-2013, 05:36 AM #1
Apple CEO Tim Cook Sued Over Automatic Software Update Mechanism
One California man was so bothered by Apple’s over-the-air iOS update mechanism that he decided to take Apple CEO Tim Cook to a small claims court. The suit, titled “Mark David Menacher vs. Tim Cook” by the San Diego County brand of California’s Superior Court, seeks a method to remove automatically downloaded iOS update files, specifically the new iOS 7 binary and 50% in remuneration.
For those of you who didn’t already know, the over-the-air iOS update mechanism is a feature designed to make it easier for iOS device owners to keep their phone or tablet up to date with the latest revision of Apple’s mobile operating system. The over-the-air updates are automatically downloaded when an iOS device is plugged and connected to WiFi, though users must still grant explicit permission to install the new software.
Although the automatic update system has been active since the release of iOS 6, Apple’s redesign of iOS 7 has prompted many users to hold off on the upgrade. This means that the automatically downloaded installation file, which weighs in at more than one gigabyte and cannot be removed by the user may end up decreasing a device’s available memory by up to 15% with no way to recover the storage space.
In a statement obtained by the folks over at CNET, Menacher wrote the following regarding the matter:
Apple's disregard for customer preferences in relation to iOS7 is corporate thuggery. Steve Jobs was reportedly rough on company employees in pursuit of happy customers, but Tim Cook apparently cultivates a culture of contempt for customer satisfaction in pursuit of corporate profits. It is a policy that will eventually fail.
10-19-2013, 06:15 AM #2
From my comment on iDB's post about this:
good. forcing an update on people like that is a retarded thing to do. even if it doesn't automatically install it, it still downloads a 3gb file, taking up space on your phone that you can't get back unless you install it. not to mention that some people have very limited pre-paid internet data, even on wifi (like i used to) and downloading a 3gb file, not to mention that there's probably like 5 other iphones in a house with a fairly large family, would probably burn through $150 on some networks. *cough*telstra
10-19-2013, 07:25 AM #3
I'm sure it mentions it somewhere in that huge user agreement that nobody reads but clicks accept to.
10-19-2013, 07:33 AM #4
10-19-2013, 08:18 AM #5
I Agree and hope more law suits happen since the courts are the only way to stop Apple from believing they own our phones after we buy them. We should be able to choose what we do with our own equipment, On a connected topic, in many cases Apple will not approve an updated app many times unless the user must update to IOS x latest, an app in the store used for a long time on 6x may be updated to 7x only now if deleted and then try to instal or your friend wants to try it finds out they must update. It bugs me too it's my phone Apple.
10-19-2013, 08:58 AM #6
Wow - ok - I think I'll sue Jon Ives because he insists we see a video clip of him instead of the real thing at Keynote Events. That really chaps my hide and I don't like it. 😏
This is ridiculous....
10-19-2013, 09:07 AM #7
I didn't know that the file auto downloaded. That does seem stupid. However, if this guy knew a minimum of tort law he would know his case against Cook personally will never have any chance of winning. It shouldn't even make it to the judge. There's no basis here to "pierce the corporate veil" and go after Cook personally.
10-19-2013, 09:16 AM #8
I think he's just a fan boy who's trying to come up with a reason to meet his idol. If you call Mr. Cook to court, he'll have to appear... How wrong he is...lol
10-19-2013, 09:17 AM #9
10-19-2013, 09:58 AM #10
Is 16 Gb of memory really worth 100 bucks. Why not just have all the phones built with at least 32 GB and then offer 64 for additional cost? It seems like with the new softwares and photo/video capabilities 16 GB phones fill up in a hurry.
10-19-2013, 10:07 AM #11
The ID10TS code need to be updated as well.
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10-19-2013, 10:53 AM #12
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.
Last edited by Scotty Manley Silberhorn; 10-19-2013 at 11:40 AM.
10-19-2013, 12:05 PM #13
10-19-2013, 02:08 PM #14
This is something so easily forgotten around here.
Though - the "owner" in the contract period is your "carrier" - not really Apple anymore.. So your point regains some strength when looking at it from that perspective.
10-19-2013, 02:32 PM #15
10-19-2013, 02:57 PM #16
It's a giant hassle for your buyer to get it unlocked (legally) to use with their own other GSM carrier. In contract, locked, "full retail price" phones is something "tolerated" by buyers more these days (because of so many illegal unlock services available getting them out of the hassle of calling AT&T for an unlock)- though I'm not sure why it's tolerated so much. I would never pay the "unlocked/contract free" price for a phone still in contract. You also risk your buyer having their phone 'blacklisted'. iPhone buyers on eBay don't read their descriptions well and don't always understand what they're buying.
Just because you "can sell" them / doesn't mean you own them - legally speaking. It's just too large a "racket" now that the carriers can't fight it. But the user agreements very specifically forbid selling phones in contract period. So though "not illegal" - its unethical. But let's not let the thread degrade.
10-19-2013, 03:01 PM #17
Due to this i've now dropped to buying only 16gb since the only way i've ever filled my device at this stage is with games I download then either finish and never delete, or never play.
10-19-2013, 03:42 PM #18
He should've got an android then, they hardly ever get updates lol
10-19-2013, 04:00 PM #19
I partially agree, we should be able to choose if we want the OTA update daemon to run or not. I have it shut off so it's not a problem for me.
I prefer to update my phones manually anyway. Ever since Cook, the paranoid over security of Apple iOS has become overbloated. What if a person really wanted to downgrade to an earlier iOS? If we can do this with our Apple Laptops and PCs, why not our Phones. I don't WANT iOS 7 yet, all of my apps work great and so far there is only one that absolutely requires iOS 7 to be updated.
We should have THAT CHOICE - We are the ones who buy iPhones, we should have full choice of what IOS we want to run, especially on Older Devices. Not all of us can afford to buy a new device every six months, we have to keep our devices in working order.
10-19-2013, 05:40 PM #20