Apple: You Can't Sue Us for Slowing Down Your iPhones Because We're "Contractors"

Discussion in 'HardForum Tech News' started by Megalith, Feb 3, 2019.

  1. motomonkey

    motomonkey [H]ard|Gawd

    Jan 17, 2009
    You can't have it both ways, If the device is "obsolete" then it dies, guess who determines when the device is obsolete? Not the user. Using your argument, any device manufacturer can force you to purchase a new phone every year, simply by not updating the software. And if you hack the bootloader? boom! kill switch, it's obsolete, since the maker can't push security updates on a non-factory spec system anymore.... :rolleyes:
    Snowdensjacket likes this.
  2. Delicieuxz

    Delicieuxz Gawd

    May 11, 2016
    A contractor may be fired and prevented from doing any further work inside a house, and can be told to do or not do something a particular way. How does a person exercise those rights over their property regarding Apple's behaviour within people's personally-owned iPhones?
  3. TordanGow

    TordanGow [H]ard|Gawd

    May 25, 2015
    This. Except you missed their motivation IMO. They aren't really trying to help you out. My take on it is they want people to buy a new phone from them. Covertly making the existing device slow is an effective way to encourage that outcome. The software ENGINEERS probably wanted it to ask the user to provide an improved experience, then some dick in a suit saw the original idea, the gears turned in his head, and he had them do it and hide it instead.
  4. Wildace

    Wildace [H]ardness Supreme

    Jun 16, 2004
    since we are the home owner, as they say.. we are within our rights to do as we please with our home? like jail break and use other contractors? So Apple is giving up their monopoly on what users can do with their "home"
  5. MMitch

    MMitch Gawd

    Nov 29, 2016
    From the get go the grippe I have with this is they decided to do that without letting user know their f* battery was weak.
    If user knew it was weak, MAYBE they would of replaced it instead of replacing the phone !?

    If I may quote a user here: "Please have some idea of what you're talking about when posting."
    EDIT:: ALSO who define when the battery is weak ? We know they throttle because of it and it goes fast after we replace it but what is the threshold ? Apple may have defined that as 90% we throttle and everyone trust they did it for our own good... COMEON
  6. Reimu

    Reimu [H]ard|Gawd

    Jul 25, 2009
    They really want to have it both ways. This actually infuriates me.
    MMitch likes this.
  7. theBrownLlama

    theBrownLlama Gawd

    Aug 3, 2017
    if Apple was a contractor, they went in and sealed the gas cylinder compartment. (for those that uses gas cylinders, you will understand)

    Now my gas stove is throttled.
  8. Youn

    Youn [H]ardness Supreme

    Jan 22, 2007
    the contractors analogy is bad, but nobody should be able to sue apple , they've always been this kinda company and if you are suddenly butt hurt then do the right thing and stop using their products
  9. Darkbreeze

    Darkbreeze n00b

    Oct 29, 2017
    It's a really pathetic argument. I happen to BE a contractor, and I can assure you that, using this analogy, if I go into somebody's home and remodel the kitchen, and afterwards there is only 50-75% as much water pressure as there was in the beginning, or half as many functional power outlets, I'm getting sued, or being held responsible for fixing the problem at no charge, which is as it should be. Contractors should sue apple for asserting that they go into people's homes and either cause damage or make things worse than they were in the first place.
    MRAB54 likes this.
  10. MRAB54

    MRAB54 Gawd

    Sep 9, 2001
    It is people that are doing this shit, but yeah, unfortunately reflects poorly on everyone else associated.
  11. mope54

    mope54 [H]ardness Supreme

    Oct 2, 2004
    You'd be responsible for fixing the damage, you wouldn't be liable under trespassing laws or any kind of fraud claims. The person suing you would have to prove damages.

    That's what Apple is arguing: they shouldn't be sued for trespass and aren't liable under the computer fraud and abuse act was (which was explicitly created to criminalize hacking, not OTA OS updates). In a separate argument they point out there are no damages to sue over, but the claim this article is about is simply saying they should be sued like any normal contract dispute and not as some technological trespasser.
  12. Zuul

    Zuul Gawd

    Jan 7, 2013
    All this information about Apple is out there. I have a hard time understanding why ppl still buy into it. I have a iphone4 at work and it seems that everyone in the office has the same ringtone just to rub it in every customers face "we have iphones you know" makes me wanna puke
  13. Dead Parrot

    Dead Parrot 2[H]4U

    Mar 4, 2013
    Pretty sure that most contractors could be sued if the result of the 'update' was the kitchen sink takes 15 minutes to drain vs 1 minute before the update.

    Wonder if this approach is from the law firm or is at Apple's direction over the objections of the law firm?
  14. ecuador

    ecuador Limp Gawd

    Dec 29, 2008
    Well, not exactly, they slowed the phones so that you don't realise they were defective by design, in that they shut off when their batteries are not new. "weak, old batteries" on other devices simply last less on a full charge, they neither shutdown nor slow down.
    sirmonkey1985 likes this.
  15. SvenBent

    SvenBent 2[H]4U

    Sep 13, 2008
    Funny neough non of my android phones expericne this even after years of ages.
    must be an iphone only problem then... or maybe it just semi made up..

  16. gunbust3r

    gunbust3r Gawd

    Dec 12, 2004
    Can you imagine if GM decided to "protect" transmissions (And thereby reduce warranty claims and move more new units) with an arbitrary number of miles on the counter by going ahead and deactivating 2 cylinders without surfacing it to the user? If apple slimes their way out if it with this defense that's what will be next.
  17. Sikkyu

    Sikkyu I Question Reality

    Jan 21, 2010
    no that was their first argument, when no one bought that they they switched to "we can do what we want because you paid money for it.

    I also want to point out that apple is STILL SLOWING DOWN PHONES without manual intervention of the user. In the latest IOS update you can turn off the throttling. some amazing double speak here.

    Apple is slowing down the iPhone 8 and iPhone X – here's how to stop it
    1. Go into Settings.
    2. Tap 'Battery'
    3. Tap 'Battery Health'
    4. Scroll down to the 'Peak Performance Capability' option and toggle 'Disable'
    Last edited: Feb 4, 2019
  18. Megaslug

    Megaslug Limp Gawd

    Jul 30, 2015
    In the meantime my daily drive 5S still works just fine.....

    SOmetimes I wonder what people do to their phones that kills them in short order. Besides the usual dropping types of things. For grins I dug out my old 3 and charged it up to see if it still worked - hey, waddayaknow, it does. It's slow as hell, because it doesn't do modern fast wifi speeds and the processor on newer ones is significantly faster, but ti still works, like it did when it was new. I's still have my 4S too, except I gave it to a friend who smashed hers, and within a week she had they screen turned into little glass bits - seriously, what the hell. Battery on my 5S still lasts all day on a charge, too. I kinda want a newer phone but I really don;t like how much bigger they;ve ALL gotten, plus this one works perfectly fine so it's hard to justify the money.
  19. Chebsy

    Chebsy Gawd

    Jan 24, 2013
    Contractors, ha, thats a good one, next they will be saying that Google build iPhones and its their fault !!
  20. Captindecisive

    Captindecisive Limp Gawd

    Apr 13, 2017
    Our shitty business practices have started catching up with us, lets fix that mistake by trying to be more shitty. Gotta love Apple.
  21. shpankey

    shpankey Limp Gawd

    May 27, 2005
    in short, Apple sucks
  22. ZodaEX

    ZodaEX 2[H]4U

    Sep 17, 2004
    Good Cliff notes for the guys who never read the articles.