RSSLawsuit around Apple's first iPhone dismissed from federal court
By Jacqueline Emigh | Published September 29, 2008, 6:11 PM
Although the jury (and judge) might still be out on a later class action suit targeting Apple's newer iPhone 3G, a US judge has now ruled that Apple did not engage in "deceptive" practices concerning the original iPhone.
With a class action action around Apple's newer iPhone 3G still pending, a US judge has now thrown out a different lawsuit that had charged Apple with engaging in deception around batteries in the original iPhone.
While a suit filed this past August claimed that the iPhone 3G doesn't live up to promises of being "twice as fast for half the price," the earlier suit accused Apple of committing consumer fraud by allegedly failing to tell customers about the real life span of the first iPhone's batteries.
Filed by Jose Trujillo in July, 2007 in Illinois State Court, the battery lawsuit cited the original iPhone batteries as well as the $86 replacement cost.
After the case was moved to federal court, a US district judge in Chicago granted Apple's request for dismissal late last week.
"Apple disclosed on the outside of the iPhone package that the battery has 'limited recharge cycles and may eventually need to be replaced by Apple service provider,'" the judge wrote in his opinion. "Under the circumstances, no reasonable jury could find that deception occurred."
The class-action lawsuit regarding the more recent iPhone 3G -- filed in US District Court in southern Alabama by Jessica Alena Smith -- charges that the 3G is "defective," and that Smith experienced an Internet connection that was slower than expected and advertised. "In or around the Summer of 2008, Apple began marketing and put out for consumption the Defective iPhone 3G," according to a copy of the iPhone 3G complaint obtained by BetaNews. "The release for consumption of the Defective iPhone 3G was preceded and followed by an aggressive marketing campaign, which included radio, television, and paper advertisements. One could barely turn on the television without hearing that the new iPhone 3G was 'twice as fast for half the price.'"
Meanwhile, Apple has previously settled two separate lawsuits in the US and Canada alleging that batteries in the first three generations of iPods were faulty.
Those foolish enough to buy this garbage should be locked away instead of wasting taxes on their ignorance.
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As usual, oversimplistic fanboy jingoism.
Garbage, huh? That must be why the rest of the worldmarket is falling over themselves to copy and compete with it.
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Oh, hear hear, the definitely-not-Apple-fanboy is farting.
The iPhone is actually cool if you are looking for a consumer device. A different story is idiots buying it without realizing that better can be had (*) and now wasting other time and money for their stupidity.
(*) Diversity is of course not your strength coming from a background where the whole family clan has almost identical DNA.
Btw - Apple is for losers.
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Gee, liking UNIX and an OS but not the company's business strategy or practices confuses the anti-US MS fanboy.
And the poor effete @ss just can't stand that so many others prefer a device he can't stand.
But then, as with all of his posts, he posits emotional reactions and no substantial evidence.
And now he whines about consumer devices, yet if anyone mentions enterprise class products, they complain about that as well.
I would say "make up your mind", but that is a rather difficult proposition, as it makes assumptions definitely not in evidence.
But I guess if it is marketed by a US company, it must suck, as Mr. Human Rights can't stand the fact that the EU has utterly failed to address every major human rights issue for at least the last two centuries... So what genocide is the EU hosting this week?
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LOL. There it goes again with it's endless rants against imaginary adversaries. Not sure if one should be sad or amused.
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His allegations of my being an Apple fanboy being nonsense, he even attempts to disassociate himself from his nearly continuous past anti-US rants.
After calling it "garbage", he then concedes "The iPhone is actually cool if you are looking for a consumer device.". Duh, Apple marketed it as a consumer device. You can't slip anything past this genius!
Imaginary? The forum would be a better place if you and your illogic were indeed imaginary.
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His allegations of my being an Apple fanboy being nonsense
...according only to you.
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Hey, you forgot one important point:
He characteristically attempts to provoke some fools - and clearly caught their king!
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Hey Tool, cite one instance where I have been complimentary regarding the business policies, marketing decisions, or the management of Apple? While I am not a fan of them, it is their company and they are entitled to run it as they like. And we are free to take our business elsewhere - if you interpret buying a product as necessarily advocating a company's practices.
Of course, for fanboys like yourself for whom MS is the end all and be all of computing, anything less than worship of Windows makes others an Apple fanboy.
Of course, that is only when you are not accusing me of being an AIX fanboy....LOL! And I DO like AIX. But then my worldview doesn't simply revolve about desktop computer games and MP3 files...
I simply appreciate UNIX and I happen to like FreeBSD and Apple's implimentation of it.
I would rather run it on independent HW - and if you must run it on Apple HW, I have complained continually about the lack of a more resource intensive platform - with the only piece of HW garnering my respect being the dual quad-core XEON MacPro - a great deal for the money.
But we wouldn't want to confuse you or the other fool with the facts.
Sorry you are all in a funk over Apple having the case dismissed. LOL!
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Let's sum up:
Point 1: You don't compliment Apple's business practices, yet you loudly and annoyingly advertise their products and defend them against all complaints.
Sounds like a fanboy to me (if you interpret buying a product as necessarily advocating a company's practices...
Point 2: You accuse me of being a fanboy. (Hint: I hate IE, have issues with WHS, believe they seriously screwed the pooch with the Vista launch and existence of the upgrade SKU...I could go on, but really, what's the point?) Your attempt to turn this into a "You're a fnaboy!" "No, You're a fanboy!" is amusing, though...
Point 3: Here, you apparently try yet again to make an even bigger a** out of yourself.
Mission accomplished. ;)
Sorry you are all in a funk over Apple having the case dismissed.
My comment had *nothing* to do with this case. Please, for the love of God, stop implying I have made statements I did not. You do it so often lately it is starting to make me think you cannot carry on a coherent discussion without taking a detour to "foxxy's imagination land".
..and don't give me that BS about it being about someone else in this thread. That tired excuse has sailed.
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"My comment had *nothing* to do with this case. Please, for the love of God, stop implying I have made statements I did not. You do it so often lately it is starting to make me think you cannot carry on a coherent discussion without taking a detour to "foxxy's imagination land"."
Sound like a powergamer or godmoder?
From http://en.wikipedia.org/wiki/Powergaming
"In text-based online environments such as MUSH, MUCK, MU*s and other role-playing (RP) games that emphasize role-play over acquiring levels or skills (as opposed to most MUDs), a player can be described as a powergamer if (s)he presumes or declares that his or her own action against another player character is successful without giving the other player character the freedom to act on his own prerogative. They may also be a player who tries to force others to participate in role-playing they don't want to engage in. For instance, a player who unilaterally describes his character as doing something with (or to) another character that would usually require the other to play along — such as having a fight or a sexual encounter — is considered to be powergaming. In some environments this is termed godmoding."
He's claiming that you have certain feelings as though he knows what you're feeling.
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Anyone who interprets commercials as being literally true is a fool.
Want to institute radical market reform? Simply institute rigorous truth in advertising laws that preclude ads simple selling image by association and require any claim to be independently and objectively validatable with strict liability.
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internetworld7's world view is ridiculous. Guess if you're a worm all the world looks like a delicious apple. None of the companies are as clean as you perceive Apple to be. Too much loyalty makes one as blind as Bill Gates.
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And you waste your time thinking his POV is literally true and anything less than hype (hyperbole...look it up...)?!?
In that case we won't say a word about the Tooth Fairy or the Eastrer Bunny. And we won't even make a joke about Santa Claus...
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I lost you on this one "Too much loyalty makes one as blind as Bill Gates."
Excusez moi?
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Might I suggest that those who are blindly loyal to MS are just as stupid as those blindly loyal to Apple.
You buy the product that best suits your needs.
Duh.
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Oh, I see you managed to post a blurb without editing. That's what I call progress!
Talking about progress you are also making great strides at becoming my pet troll. Now try working at being cute instead of showing the true inbred retard you are and who knows where the two of us might end up.
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Every lawsuit and complaint against Apple is frivolous.
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Yup
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Every breath you take is just wasted oxygen...
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indeed
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I have found that apple customers are always the "smartest" people in the room. (At least in their own eye'z)
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What's wrong skimore, Spore wouldn't install for you?
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What does a crappy DRM infested game have anything to do with what he was saying?
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Wait...
You don't actually expect iTard7's posts to be relevant or coherent, do you?
...that'd be silly. ;)
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