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iPhone Lawsuit Seeks Over $1 Billion in Damages


Zeus_Hunt

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Lawyers filed a class action lawsuit against Apple and AT&T seeking $1.2 billion in damages because the iPhone is locked to AT&T’s wireless network. The suit also notes that Apple will not allow unauthorized applications on the iPhone. Filed on behalf of Paul Holman in the State of Washington and Lucy Rivello in California, the lawsuit explains that in the United States the SIM chip is locked to the wireless carrier, not the hardware device. Damian Fernadez, the attorney who filed the state suit explains in court documents what Apple is accused of:

Apple punished consumers for exercising their rights to unlock their iPhones. Apple issued a software update that 'bricked' or otherwise caused iPhone malfunctions for consumers who unlocked their phones and installed the update. Apple's unlawful trust with AT&T substantially lessens competition and tends to create a monopoly in trade and commerce throughout the entire United States.

On September 24 Apple warned customers that unlocking the phone could render it inoperable when future software updates were applied. Three days later, an iPhone update was released that effectively bricked unlocked iPhones.

“Apple expressly designed its software release 1.1.1 expressly to disable Third Party Apps and to disable any unlocked SIM cards, and to create technical barriers to install new Third Party Apps or to unlock the SIM cards,” the lawsuit reads.

The lawsuit also contends that Apple didn’t discover that unlocking applications would harm the iPhone as it stated on September 24. Rather, the suit says that Apple engineered the software update to disable the phones on purpose.

“Version 1.1.1 was an upgrade with limited specific changes and improvements,” the lawsuit reads.

According to the lawsuit Paul Holman purchased two iPhones and used third-party applications, as well as traveling abroad. Lucy Rivello said she wants to be able to use third-party apps and unlock her phone to switch to T-Mobile is she wants to.

Apple and AT&T both declined to comment on the story.

I thought of putting this is the Jokes Section... due to the figure thats posted... $1 Billion... do they want to own Apple ?

viewpo0.gif View: Original Article

And In other news...

Apple's recent iPhone firmware update left many disappointed, with unlocked iPhones often becoming bricked. It has become a huge bone of contention for many, some of which who have gone so far as to sue. While not everyone was willing to take the issue to court, many were wanting to update their phone without fear of bricking. The company behind one of the unlocks did issue a tool to restore iPhones to their factory state, but unfortunately it was too late for many.

Now, however, things have changed. Not only has iPhoneSimFree found a way to unlock the existing iPhone firmware once again, but also a method to restore bricked phones. The new unlock should work with any updated units:

Further to this, we are very proud to announce, (after some very difficult and lengthy hardware hackery), we were able to retrieve the necessary info to create the world first 1.1.1 unlock solution. We have now tested SimFree v1.6 with phones that have the new Baseband version 04.01.13_G with full success.

They also post instructions on how to recover your iPhone if it was damaged or bricked by the update, which might save you an RMA if you haven't sent it in already. Hopefully, the team will keep it up as time goes on and Apple releases more updates.

viewpo0.gif View: TechSpot

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I thought of putting this is the Jokes Section... due to the figure thats posted... $1 Billion... do they want to own Apple ?

lmao....

I was waiting for some one to do something like this. I Like to read about the people who find the loop holes and expose them. I'm not so sure that he can have much of a case now since the damages can be reverted, But then again the second article sounds like a separate group of people not part of apple found a way to fix it. Also i think Apple had intentions of bricking the iphone to some of the people they had that update made the day it came out and didn't apply it till after people had their fun with the phone.

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technically, under FCC rules, intentionally damaging someone else's property like that is illegal... they paid for it after all. the most they could do, i think, would be to void any warranty or whatnot you had for the phone :notworthy:

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technically, under FCC rules, intentionally damaging someone else's property like that is illegal... they paid for it after all. the most they could do, i think, would be to void any warranty or whatnot you had for the phone :notworthy:

plus it was 100% legal to hack cell phones under dmca. now if apple came out and said it wasnt a cellphone then it would be illegal to hack. they could called it a ipalm with phoning options.

usa cellphone problem is we do not have a unviresal network for them over here. i like the south korean setup

just remember microsoft owns part of apple.

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