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iPhone owner mulls over lawsuit possibilites

updated 12:20 pm EDT, Mon October 1, 2007

iPhone owner mulls lawsuit

Anger over the hack-breaking v1.1.1 iPhone update is fueling talk of a possible lawsuit, accounts say. A poster by the name of "myndex" has used multiple forum posts to seek interest in a possible class action suit against Apple, arguing that the company should be required to service iPhones under warranty, even if they have been modified or used in tandem with unofficial software. Currently, Apple may refuse to handle such products.

myndex includes three classes within the theoretical suit. The first is people who have used third-party software (such as iPhoneDrive) to access the flash storage on an iPhone, without having altered firmware or installed a program on the device; the second includes people who have installed third-party apps in the past, but who have since restored their phones to factory defaults, and are only suffering from hardware problems such as bad touchscreens. Finally, the third class would encircle those who have unlocked the iPhone for other carriers. This is legal under the Digital Millennium Copyright Act, but discouraged by Apple, which states on the iPhone's box that an AT&T contract is necessary.

For reasons unstated, the original lawsuit post has been deleted from Apple's official iPhone support forum, having since been mirrored on other sites (see below). The company has taken a hard stance against any manipulation of its product; technicians are reportedly refusing to service phones on which users have merely attempted to install software, and Apple represenative Jennifer Bowcock has said that "If the damage [requiring repair] was due to use of an unauthorized software application, voiding their warranty, they should purchase a new iPhone."





by MacNN Staff

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Comments

  1. Rezzz

    Joined: Dec 1969

    0

    literacy

    read the terms of agreement

  1. OtisWild

    Joined: Dec 1969

    0

    illegal contract terms...

    ... are not enforcable.

  1. happydaze

    Joined: Dec 1969

    0

    read the law

    the contract is legal.

  1. stainboy

    Joined: Dec 1969

    0

    whine whine whine

    i'm really getting annoyed with some iPhone users who are so distraught over not being able to hack their iPhones that they want to bring lawsuits against Apple. like "rezzz" said, read the TOA. you broke the terms, so take accountability for your own actions and suck it up.

    yeah, the latest update removed my custom ringtones too. i'd like the ability to have them back. but i'm not about to go into litigation over it.

  1. OtisWild

    Joined: Dec 1969

    0

    contract law does not...

    ... supercede other law. If you sign a contract that has something illegal in it, you can have that part invalidated in court.

  1. dagamer34

    Joined: Dec 1969

    0

    just don't understand

    This is how your freedoms get taken away from you if you mindlessly accept what other people say. For example, blatant discrimination in the 60's was legal and the status quo, but do you think it was a bad idea to have that continued? Someone has to stand up for your rights otherwise they WILL be taken away.

  1. PookJP

    Joined: Dec 1969

    0

    Amazing Nonsense.

    It's common for manufacturers to not honor warranties on products that have been the subject of unsupported tampering. Look at car manufacturers and modification for a good example. I don't understand why people disassociate hardware and software tampering when it comes to the iPhone. In both cases, the core elements of the product are being altered. Apple shouldn't have to support someone who solders a new chip into their phone; why should they support someone who alters the basic software structure?

  1. happydaze

    Joined: Dec 1969

    0

    test

    will this get through?

  1. gregjsmith

    Joined: Dec 1969

    0

    I dont get it

    Your phone worked fine. Apple said if you install the update on a hacked phone it will probably break your phone. You hacked your phone and installed the update. Now your phone is broken and you want apple to fix it.

  1. 64stang06

    Joined: Dec 1969

    0

    illegal?

    What's illegal in the contract?

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