Motion denied: Class-action suit against Apple, AT&T continues

By Tim Conneally | Published October 8, 2008, 4:53 PM

The class action antitrust lawsuit filed against Apple and AT&T last year for their strict control over the iPhone has withstood the companies' motions to dismiss, Northern California District Court Judge James Ware has ruled.

The original filing on behalf of Paul Holman, Lucy Rivello, and a class of complainants one year ago alleged that Apple "implemented a scheme to prohibit users from acquiring programs to run on the iPhone unless those were purchased directly from Apple." and that AT&T "will not provide the unlock code for the iPhone for international travel or otherwise. On information and belief, that is because AT&T and Apple unlawfully agreed that the iPhone would not be unlocked under any circumstances."

AT&T and Apple both moved for arbitration and dismissal of the case's class action through a series of motions against the plaintiffs. These included motions to dismiss all Sherman Antitrust Act claims, computer trespass claims, and computer fraud claims; all of which were denied by the court. The court, however, acknowledged Apple's motions to dismiss the accusations of unfair and deceptive trade practices.

Last month, a federal suit against Apple similarly accusing the company of deceptive trade practices regarding the iPhone's battery life was denied after being escalated from an Illinois State court case.

Comments

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Any lawsuits against Apple will fail. Apple is a company that can do no wrong.

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pookie put the pipe down

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Time to get that window installed in your stomach.

...or, at very least, to clean it...

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Apple is for losers.

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They can do no wrong? Wow. That's great to hear. I mean, I own the cursed 800MHz iBook with the upside-down graphics processor that falls out once a year when the solder gets too hot. They repaired it four times but never replaced it, and last time I called they said they won't fix it "again", even though they never truly fixed it. I guess you're right, though. No wrong there, no siree.

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relax its only a teenager trying to make a fool of himself, apple is for people who like apple so wtf

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Reading the replies before me really cracked me up. Am I the only one who caught the sarcasm/joke/attempt at trolling? The sentence "Apple is a company that can do no wrong." exactly sums up what a _real_ Apple fanboy believes.

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Ridiculous lawsuit. If Apple and ATT want to create products that only work together, and they want to control how those products work together, then they should be allowed to do so.

If you don't like it, buy an Android phone instead.

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Um.. Yea, but if this was say.. Microsoft, people would be p*ssed.. and it'd be called a Monopoly. I think all the carriers should have to unlock their sets and open up their networks. I didnt know how locked down it was until a friend of mine got a carrier other then Sprint and had to download all of his stuff through that carrier.. where as Sprint lets you send whatever to your phone. (Which I wish I had known when I originally got my phone back in 98 and paid for a bunch of stuff )

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Perhaps you should look at the business and legal definitions of the word. Sometimes they actually mean things!

And in this case, your reference to monopoly is superfluous and meaningless.

I agree that a company should be able to open or close their format as they choose. However, I also believe that consumers should be able to buy an unlocked device and also to move it to whichever carrier they so choose.

However, what would be even nicer would be for a more informed customer base (one's who understand a bit more than simply what Britny, Lindsey and Paris are up to...) to demand open device portability and to vote with their pocketbooks and to sway the market by market demand instead of their incessant empty complaints as they buy the locked device anyway.

...Doesn't look like any of my ideas have a chance in hell of coming to pass anytime soon, does it? ;-)

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Say if this was Microsoft they would be pissed. Is this much different then running windows mobile with applications that have to be signed by Microsoft, which requires a fee payment to license. oh wait this is no different, only thing is you can get them from anywhere as long as they are signed.

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I have to agree with your statement 100%.

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This kind of BS mostly flies in America. It's one of the only markets in the world where people will go buy something because it's trendy and they saw the ad on TV five hundred million times, even if the product is "locked". In other markets people will boycott the product until.. OK, maybe not, but seriously, America is basically the only place in the world where people will buy something knowing FULL WELL the limitations and caveats of the product and then later use a class action lawsuit to cry foul about it.

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...And rather than discuss the legal basis for such claims and subsequent actions, we will instead get to listen to the idiotic fanboy rants from both sides of the fence...

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We'll also get to listen to people complain about that happening even before it has happened or might ever happen.

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Yawn...

And whatever you do, don't disappoint us!

"before it has happened or might ever happen."
So blissfully ignorant...
Go back to sleep. I apologize for waking you.

Yup, as if the fanboy rants don't dominate this site...LOL

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You know TexasFox, you don't have to come here if you can't handle the style. Really.

I know, it would be touch since it gives a huge boost to your self esteem to twist people's words so you have something to rant against.

But hey, I give you 5 bucks if you piss off - which would in fact double your net worth! Deal!?

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to twist people's words

He's good at it though. ...and you know the saying, "Stick to what you're best at."

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Poor baby.

Yeah, the thought that fanboys might dominate the discussion of an Apple "might ever happen" is certainly twisting words! As if it has never happened here and it never will! LOL! The irony is that far from being an anomaly, it is the NORM here, genius. No twisting needed. Sorry simply reading for comprehension confuses you so.

But then you are the idiot who makes blanket statments such as "Apple is for losers". Statments that fail to evaluate products on an individual basis and also confuses a corporate culture with the usefulness of their products. Such a complex mind. Not.

So, has the EU Court settled the cases addressing issues other than those which have such grand standing in Euro History? Of course, it would be a cultural travesty to actually address the grand tradition of genocide and ethnic repression that has such a grand precidence that continues with such prominance today, wouldn't it?

Its a party! http://www.economist.com...y.cfm?story_id=11579339

Only a complete @ss as yourself can continue to reign oblivious to your own ongoing messes as you pass your judgement on others.

But keep watching your cowboy movies, believing them to be real, blaming the US for issues of which you refuse to assume rsponsibility... and be sure to dim the light on your lamp with the human lampshade - a grand (but not even the most recent Euro) contribution to recent 20th and 21st century culture and genocide. But whatever you do...don't worry about those issues... Why? When you can worry about AMD marketshare while actively absolving Euro firms who engaged in and made possible deceptive trade practices.

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Yes, it would just be entertaining instead of sad if he could turn his bitterness into humor and witty sarcasm instead of the crap above...

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I know this is just another pointless attempt to get this through the red fog clouding your vision - but you need to realize that I am neither a European politician nor do I even live there - and frankly don't give a **** about whatever you are trying to 'insinuate'.

And to preempt the next flood of garbage you are currently preparing (oh, looking closer you already did...): I related to several groups you typically victimize. We are doing fine but thanks for your concern - nevertheless **** you.

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Bitterness? LOL! Its so easy to turn your sanctimonius US bashing on its head as we take a brief look at that grand tradition which you prefer as an alternative! Not to mention your anti-Apple fanboy nonsense.

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