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Editorial: suing Apple hasn't worked and never will

updated 11:50 am EDT, Sun July 4, 2010

 

Apple often ignores lawsuit effects


Apple's iPhone 4 is the subject of much debate. Although the device is one of the best smartphones Apple has ever released, it has one major problem: if users hold the device in the wrong way, they will lose their signal with the 3G network. In fact, some have experienced such severe issues that they see a "No Service" tag when trying to use the smartphone the way they normally would.

That's a problem. And exactly how it will be solved is anyone's guess. But recent suggestions that Apple should be sued to address the antenna issue are arguably some of the dumbest ideas that have come out of this mess. Yes, lawsuits get the attention of the media and they force Apple to respond at some point, but time and again, they fail to deliver any measurable reward for those that are bringing the lawsuit against an organization. And even then, the reward doesn't come for months or years until the court finally has time to make a decision -- by which point the lawsuit could be a non-issue.

Suing Apple right now would be a mistake. For one, the antenna problem is easily solvable if users simply buy a case or hold the phone differently. And although it's annoying, it doesn't stop the user from communicating on the device. In fact, by switching over to speakerphone, no one will have trouble with the iPhone's antenna. Exactly what kind of legitimate case that can be built on the antenna issues is unknown.

But it goes beyond that. Apple is a different company than, say, Microsoft or Google. The company doesn't really care if a class-action lawsuit is brought against it, and even when something like that happens, it doesn't respond with the result that users are looking for. It simply goes about its business, and if future features eventually address a lawsuit that has been brought against it, the company goes with it. If not, Apple can ignore it.

Realizing that, a lawsuit seems like more of a waste of time, rather than something that could conceivably help consumers find a solution to the iPhone 4's antenna problems. Apple doesn't care about lawsuits, the lawsuits themselves accomplish little, and all the while, consumers are left wondering where the fix is. By the looks of things, Apple has already told users where the fix is: in their hands and in their software.

So, as much as we like justice, it's time to get over the idea of a lawsuit. It might make some of us feel better, but in reality, it won't do anything worthwhile in the timeframe when it would matter.

By Don Reisinger


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By Electronista Staff

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iPhone, AT&T, lawsuits, Apple, iPhone 4
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Previous Comments

  1. whackjob

    Fresh-Faced Recruit

    Joined: Aug 2005

    +24

    Finally...

    A coherent article about the matter.
    These selfish, stupid lawsuits are merely an appeasing way for law firms to get publicity,
    gain on the consumers account and get nothing accomplished for the consumer.

    Again, there may be some issues with the iPhone4 but it's a tiny percentage, based on regional location and majority don't and will not qualify for ANY damages from lawsuits that as the article states "Apple is not bothered by lawsuits".


  1. TomMcIn

    Fresh-Faced Recruit

    Joined: Dec 2001

    +15

    Lawsuit costs

    The greedy lawyers that fall all over themselves to launch a law suit against Apple are costing all Apple customers money as Apple has to raise their rates to pay their lawyers to fight the premature cases. The courts should require all such lawsuits to pay Apples costs if Apple is found not guilty. As it is, the shysters likely paid by the customers and have no risk.

    They should have to wait about three months to make sure the problem is real and not some knee jerk reaction.


  1. bazaarsoft

    Fresh-Faced Recruit

    Joined: May 2005

    -4

    Unfortunately...

    while the premise of the article, that lawsuits of this type are pointless, is true, it totally misses the real mark - IT'S A PERCEPTION PROBLEM, NOT A VERIFIABLE TECHNICAL PROBLEM. Even well before Apple announced this, there was plenty of proof and reporting by other outlets. So, in publishing this editorial as written, you're really only propagating an untruth - that there is, in fact, a problem with reception. There isn't, despite how many times you (the "press" say it).


    Comment buried. Show
  1. alexsalas

    Fresh-Faced Recruit

    Joined: Jul 2010

    -24

    There should be a recall

    If the iPhone 4 was a car and that car didn't work when you held the steering wheel at '10 & 2' there would be a massive recall issued to replace the wheel. How is this any different? Simply telling the consumer to purchase a case to wrap around the wheel or to hold it at '9 & 3' isn't a solution. For Apple to blame this on a software issue with the bars is a little far fetched. If my iPhone 3G with iOS4 works with the same grip in the same location that my iPhone 4 doesn't work in - even with the iPhone 4's better antenna, then I don't see how a software fix will do anything. It's even more amusing that Apple hasn't made their own case for an iPhone until now - which conveniently only covers the antenna area of the phone. Apple knew there was a problem with the antenna and wants to make an extra buck off the consumer for their faulty design.


  1. jdsonice@gmail.com

    Fresh-Faced Recruit

    Joined: Oct 2009

    +7

    Smart Article

    Great article.

    I don't see how suing Apple will solve the problem. The legal community is simply looking at all the money Apple is holding and think they deserve a piece of it.

    Think again. Steve Jobs is not going to give you guys a penny.

    I got my Apple iPhone 4 on June 23rd and have had not a single problem with it. I love it. Does it have bugs yes. Will they be fixed? Absolutely. Will a law suit fix the problems? Absolutely Not.

    Sigh! I love Danny Crain! I hate lawyers.


  1. bobolicious

    Junior Member

    Joined: Aug 2002

    +2

    Still waiting on a fix for dual link...

    ...display adapter distortion widely reported & easily replicated on 30" cinema displays for professional MBP's, mini & possibly others...

    This despite Apple's promises & hardware swap attempts (in my own case) - this has been ongoing since the adapter was introduced in 'Late 2008' http://support.apple.com/kb/HT3382

    My last conversation with escalated tech support in May continued to suggest a fix was 'still in the works' & I should 'buy extended applecare support' if I wished to get assistance beyond my soon to expire warranty (for a pre-existing problem?) .

    Considering the issue is well documented, affects potentially so many systems http://support.apple.com/kb/HT3235 & seems almost 2 years in the running this would seem a costly issue for the company for which I'm surprised they haven't been able to fix or perhaps sued merely to bring pressure to bear...?

    Apple keeps 'carrying on' as the article indicates, in this case recommending & taking customers' money for a product they know does not perform...?


  1. jfelbab

    Fresh-Faced Recruit

    Joined: Jan 2004

    +12

    Baseless lawsuits

    Where is the damage? Apple has said you can return the new phone for up to 30 days so if you don't like it take it back for a 100% refund. No harm, no foul.

    As suggested earlier, frivolous lawsuits should have a cost burden on the originator if they lose.

    Time for you boys and girls to grow up and stop wasting time and money on nonsense.


  1. bleee

    Mac Enthusiast

    Joined: Mar 2002

    +2

    Suing prompts an internal investigation

    "Realizing that, a lawsuit seems like more of a waste of time, rather than something that could conceivably help consumers find a solution to the iPhone 4's antenna problems."

    Suing forces the company to investigate an issue, and thats usually what users want. People don't necessarily want money, they just want a company to investigate an issue. Alot of times companies won't even do that, because they're afraid they'll actually find something and have to fix it which does cost money and time. Alot of times companies have no real procedure or policy for users to report problems and actually have someone investigate/verify a problem does or does not exist.

    A very very recent example of mine I bought an Asus G73Jh series laptop, there was an issue where the machine would throttle down the cpu when running on battery to preserve battery, the problem was the machine would keep throttling down until the machine ground to a halt, and plugging it in to a power supply wouldn't cause the machine to throttle back up. I took probably 20 pages of forum threads and countless users testing before the issue was acknowledged and a bios update was released. Not on Asus forums no less on notebookreview forums. This of course went on for months... before Asus finally decided to investigate it. Another problem was once the 209 bios patch was applied the keyboard lights wouldn't turn on anymore (still out standing)


  1. lkrupp

    Junior Member

    Joined: May 2001

    +5

    Lawsuits...

    Absolutely stupid. The class action lawsuits recently filed will soon disappear into the bowels of the legal system and will emerge years from now after a settlement is reached. The settlement will allow Apple to admit no guilt and no liability. The lawyers will get a few million. The plaintiffs will get a $5 coupon in the Apple Store and that will be that.

    I can remember a number of class action lawsuits in the past that did just that. Lawsuits were filed over iPod battery life. Lawsuits were filed over the number of pixels advertised on the iMac display. The list goes on. We here about these things when it's Apple because they are so closely followed. But rest assured, every company gets sued over something every day, just like every doctor eventually gets hit with a malpractice suit. Just do a little searching and find out how many class action lawsuits have been filed against Microsoft, Sony, Dell, HP, Nokia, RIM. Lawsuits are just part of doing business in the U.S. these days. They are figured into the pricing of everything. We all pay higher prices because of them. And like this article so clearly points out, the companies don't care anymore. Just another day at the office for them.


  1. bigboy98349

    Fresh-Faced Recruit

    Joined: Jul 2010

    -8

    Sue/ Not sue

    I agree! Pass the Kool-aid.


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