Antitrust Lawsuit Against Apple, AT&T To Commence

In a rare turn of events, the antitrust lawsuit filed against Apple and AT&T a year ago will run it's course having not been dismissed by the judge. Judge James Ware of the United States District Court for the Northern District of California has denied a motion from Apple and AT&T to dismiss the claim.

The suit, which was field by Paul Holman and Lucy Rivello, accuses Apple of monopolizing the iPhone voice and data services aftermarket by actively trying to prevent its unlocking and intentionally bricking unlocked iPhones using the 1.1.1 update that had been unlocked.

They claim that the 1.1.1 update was released specifically to "brick" iPhones using unauthorized SIM cards to stop users from using their iPhones with other carriers.

The judge also denied the motion to dismiss the computer trespass claim. Apple claims that it doesn't apply, because it only applies when there is an uninvited intrusion into a computer.

The Magnuson-Moss Act requires warrantors to "clearly and conspicuously disclose [warranty terms] in a single document in simple and readily understood language." Apple claims that despite the disclaimer they provided warning users not to upgrade, "such a later disclaimer runs afoul of the single document rule."

The judge also denied AT&T's motion to compel arbitration. He did, however, grant Apple a motion to dismiss a charge of unfair and deceptive trade practices.

[via Macworld UK]