Apple And AT&T Sued For Restricting Unlocks, Bricking iPhones
There has been yet another class-action lawsuit filed against Apple in regard to the iPhone. This one alleges that Apple has created a monopoly for iPhones, and working with AT&T, has enforced the monopoly by maliciously bricking iPhones that have been unlocked to work on other carriers with the v1.1.1 firmware update.
The suit was filed on Tuesday in California, and essentially states that unlocking of iPhones is the right of the owner, and that Apple is working with AT&T to restrict this right. While you won't find anything about this in the US Bill of Rights, breaking decryption on a cell phone for the purpose of changing carriers was specifically mentioned by the Digital Millennium Copyright Act in the late 20th Century. Also, there has been a lot of debate recently over whether or not the Magnuson-Moss Warranty Law affects Apple's position that unlocking an iPhone voids its warranty.
In addition, the complaint also claims that "[T]he update was also designed to cause damage to the iPhone in the event that any use of non-Apple/AT&T products was detected."
In all, Apple and AT&T are charged with six formal counts, including alleged violations of the California Business and Profession's Code, The Cartwright Act, The Sherman Act, The Federal Trade Commission Act, The Communications Act of 1934, and The Telecommunications Act of 1996, as well as rules and policies established by the FCC.
On some of the counts, the suit seeks damages in the amount of "no less than $200 million," while in others it requests "no less than $600 million."
Attorneys for Hoffman & Lazear, which filed the suit on behalf of Holman and Rivello, said they want to expand their class-action to cover all individuals and entities who purchased an iPhone on or after June 29, 2007 who sustained damages. The Plaintiff Class currently exceeds 100 but the exact number cannot be determined without discovery of accounting records from both Apple and AT&T.
[via Apple Insider]
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how to we join**i have a bricked phone
Yes,I want to join too though I didnt upgrade to 1.1.1
Come on
Also it's capitalism and whether or not you agree, Apple has established terms: be an ATT customer or you are FREE to choose another phone and another carrier. It is not our God given right to have an iPhone.
And personally as a Mac user since 1985, I remember a lot of dark days on the Mac platform where Microsoft stole freely and pretended they invented it. No matter what great things happened on the Mac platform, the media had a death watch and would end every positive story with the line, "and of course Apple only has an x % marketshare. Then in 1997 Steve Jobs came back and suddenly we were "thinking different", suddenly everthing in the world came in 5 colors.
Four years later the iPod changed criminal music copyright violating and gave people a way to be honest. It's been a revolution. I know I rediscovered music in my life with the iPod. That has led a halo effect and Apple is suddenly a very hip brand. People have matured and are willing to make their own choices regarding computer platforms. Initially in the 80's people were coming out of the beta/vhs wars. No one wanted to do that again. So when IBM went DOS which ultimately became Windows, everyone went, "Moooooo". Even though Apple pioneered the mouse, windows, icons, menus, everything we take granted today.
I personally think the world and technology evolves for the better with Apple leading the way. And if Steve Jobs thinks that the iPhone needs to be closed for now, then that is good enough for me.
Listen, making my own custom ringtones is a deal breaker for me. I left Nextel after 7 years and went to ATT for that reason. When the iPhone came out I got it the first day out of pure unbridaled technolust. But I didn't open it for 3 weeks because it couldn't do ringtones. Then it was hacked and that became possible.
And don't worry 1.1.whatever will be hacked.
But don't install an update on a perfectly good working phone when you are smart enough to come to sites like iPhone Alley.
Just breathe, enjoy what your iPhone does for now, awesome phone, awesome ipod, a way to be connected to email anywhere and the ability to have the internet although sometimes in slomo when on Edge. ;-)