Woman Sues Apple over iPhone Notch

M76

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The notch is dumb so I'm OK with this.
And 18:9 phone screens. And more than two cameras on a phone. (Two is already one too many for me, but I'm willing to make that compromise, they can have their selfie camera on the front)
 

BinarySynapse

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Reminds me of the hard drive capacity lawsuits because people are too stupid to understand file tables.

Those had nothing to do with file tables. A 4TB drive is reported as 3.63TB before a file system is ever written to it. That's ~10% less storage than advertised because HDD manufacturers are taking advantage of the ambiguity between base-10 prefixes of the metric system and base-2 prefixes of the same name used in computers.

Ironically, Apple made OS X report hard drive capacity using base-10 math to avoid being sued for false advertising.
 

mufcfan

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DocNo

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That woman actually has a point. And yes, that background was misleading.

Yup because it's the only image Apple has used for the phone. Ever.

This country needs "looser pays" in the worst way for frivolous crap like this.
 

M76

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Bullied? Apple forced her to buy the phone under duress?
LOL, you know what it means, and you know what apple is engaged in on all fronts against customers. Don't insult me by pretending not to understand the concept of false marketing. I'd rather they go after them for their planned obsolescence scams, but every little push-back matters against companies engaged in unfair business practices.
 

M76

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Yup because it's the only image Apple has used for the phone. Ever.

This country needs "looser pays" in the worst way for frivolous crap like this.
Because folks as you all know, if you have 5 product images that are not misleading, you get a free pass to post a misleading image.

'This' country needs more people who don't take the crap from corporations.

Yes it's frivolous, until it happens to you.
 

DocNo

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Don't insult me by pretending not to understand the concept of false marketing.

What "false marketing"? Depending on how stupid you assume others are "false" can be a pretty broad brush.

Show me on the doll where the evil capitalist touched you. Good grief....
 

DocNo

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Because folks as you all know, if you have 5 product images that are not misleading, you get a free pass to post a misleading image.
'This' country needs more people who don't take the crap from corporations.
Yes it's frivolous, until it happens to you.

What is misleading about it? It's an image with a black background. If you display the image on your own phone it looks exactly like that. How is that deceptive? Deceptive would be the same picture looking different on your phone vs. their screen shot (Hello Samsung phone pictures that turned out to be taken with an SLR) or Apple never clearly showing the notch in ANY of their images or iconography.

Speaking of icons, if Apple were trying to deceptively hide the notch the WTF are they doing with the icon of the notched phones - the icons in black and white silhouette - clearly showing that evil, deceptive notch?

Wow, they are either extremely incompetent at being deceptive - or the person with the frivolous lawsuit is just being an ass and fishing for an easy payday with an equally scummy cadre of attorneys because Apple happens to have deep pockets.

Oh yeah, and corporations are evil too :rolleyes:

Please.
 

Reimu

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There's Apple trying to make customers not focus on the notch, which is just marketing.
There's Bethesda trying to make customers not focus on the switcheroo from canvas to nylon bags, which is outright an evil capitalist touching the privates of every sucker it can get its hands on.

Let's not kid ourselves when there's real clear examples of false advertising when Bethesda and EA sodomizing its paying customers are done so plainly that we are left with no room to imagination.
 

sfsuphysics

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So funny, just go to Lowes and now all the lumber they had to publish the actual dimensions...because some dumbass was ignorant to the facts and made a stink about it.
That I dont mind, Lowes isnt exactly a store focused for professionals, it is for the everyday man who probably doesnt know the scam that is the lumber industry. And if you advertise a board as a " 1 inch thick board " it should be 1 inch thick and not 3/4". Hell I was surprised that the 3/4" plywood, actually 23/32 also has d a stamp on the plywood that said ".708" thickness"
 

Cmdrmonkey

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The notch is so hideous that someone deserves to be punished.

I don’t even think the punishment should be monetary. Whoever designed that should have their pants pulled down and be spanked in front of a bunch of people until their bottom is sore and they are full of shame.
 

ecktt

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It is funny to read arguments for and against. As an outsider, it is hilarious that people be warned that coffee is hot. My understanding is that "hot coffee" was because of litigation of some type. I have never seen a single lawyer soliciting clients on TV locally but if I switch to fox, I am almost guaranteed to see ads for suing people for accidents to water pipes.
 
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ManofGod

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Who the H E Double Hockey stick cares if there is a notch or not? It is a phone, not the end all be all of computing experiences. How about we sue the lady for spending so much on a breakable device instead.
 

Reimu

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Who the H E Double Hockey stick cares if there is a notch or not? It is a phone, not the end all be all of computing experiences. How about we sue the lady for spending so much on a breakable device instead.

I don't give a rat's ass if it's other people buying the stuff, but I wouldn't want that shit.
 

Mega6

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Who the H E Double Hockey stick cares if there is a notch or not?
For the MONEY!

She probably doesn’t really care. Too many lawyers. As long as u can sue for stupid sh*t and the courts award- this is what u get.
 

WBurchnall

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Because she pre-ordered an iPhone and therefore deserves to suffer the consequences.
Funny. In all honesty though, if you replaced Apple here with No Man Sky whose also used fake promotional material and false advertising to sell their product, I think very few people would hate on someone wanting to sue the No Man Sky's developer to get their money back **if** they couldn't just return it to Steam for 100% back. This wasn't really necessary though as Steam didn't offer tons of refunds for the false advertising.
 

Exavior

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Reminds me of the hard drive capacity lawsuits because people are too stupid to understand file tables.

that is a different thing. They are lying to customers there. They are not doing math right. 1000 bits is 1 kilobit. However 1024 bytes was a kilobyte. For hard drives they use 1000 bytes = 1 kilobyte, 1000 kilobytes = 1 Gigabyte etc. So when you do the math even before you subtract what you lose for file tables you are never at the correct amount of space. after that issue with hard drives file sizes changed. Instead of bytes using 1024 to increase they switched everything to 1000.

that is like saying i am going to sell you 5 lbs of something but instead of my lbs equaling 16 ozs, they equal 10oz. After all math by 10s is easier.

so that was a valid claim and in the end the industry changed to match the falsity.
 

vegeta535

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You people actually believe iSheep actually do research on the iturd products they buy? They are nothing more the a status symbol to people. Majority of people don't even need to upgrade every new phone. I bet most would get by just fine with a 6 still if it is fully functional.
 

BinarySynapse

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It is funny to read arguments for and against. As an outsider, it is hilarious that people be warned that coffee is hot. My understanding is that "hot coffee" was because of litigation of some type. I have never seen a single lawyer soliciting clients on TV locally but if I switch to fox, I am almost guaranteed to see ads for suing people for accidents to water pipes.

The hot coffee litigation wasn't about coffee just being hot; it was about the damage caused by how hot the coffee was (i.e. it caused 3rd degree burns), the fact that the defendant had known for a decade that their product was hurting people who were unaware that they were being served coffee that was at a dangerous temperature (180º) instead of a safe temperature for consumption (120-140º), and the reasoning behind it (hotter coffee smells better and increases coffee sales).

So the hot coffee case actually wasn't frivolous, unlike the case this thread is about where it's stupid easy to tell the notch was still there since every store out there has the phone on display and every web-site selling it (including Apple's) has multiple images of it from every angle possible. FFS, this is the second image on Apple's iPhone XS page.
upload_2018-12-17_5-44-7.png


that is a different thing. They are lying to customers there. They are not doing math right. 1000 bits is 1 kilobit. However 1024 bytes was a kilobyte. For hard drives they use 1000 bytes = 1 kilobyte, 1000 kilobytes = 1 Gigabyte etc. So when you do the math even before you subtract what you lose for file tables you are never at the correct amount of space. after that issue with hard drives file sizes changed. Instead of bytes using 1024 to increase they switched everything to 1000.

that is like saying i am going to sell you 5 lbs of something but instead of my lbs equaling 16 ozs, they equal 10oz. After all math by 10s is easier.

so that was a valid claim and in the end the industry changed to match the falsity.

The only thing the industry changed was to add a disclaimer at the bottom of packages and advertisements that 1GB = 1,000,000,000 Bytes. The 2TB drive I bought only a year ago still reports only 1.82 TB

In reality, HDD manufacturers are "technically" correct since kilo, mega, giga, etc all have well established definitions of 1x10^3, 1x10^6, 1x10^9, etc, and the rest of the computer industry is "technically" wrong. There was an attempt to standardize definitions for binary prefixes, but no one was to use that lame gibibyte shit.
 

Xenozx

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you have a 30 day return policy, its nice you "THOUGHT" you knew what the specs were, but you really dont know anything until the device is in your hands, its at that point you can say i like this, or I dont and i am going to return it. If you dont like it dont buy it, who the F are you to think you can tell someone how to make something, what an entitled biatch. Not that i am a fan of apple in anyway, but i think this lawsuit is a waste of time.
 

tempertantrum

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The woman is an idiot for not properly researching her purchase, but I'm still good with this. Apple's marketing was purposefully decieving and there should be consequences for it.

I agree. She should have probably done *some* research, bbut Apple markets their products as easy enough for anyone to use... not as "you need to do research to make sure you're not getting scammed."

People are acting like this was one picture... well... that stupid background is *everywhere* in their marketing, including their commercials and web site. It's entirely possible for a tech novice to order a phone and not find out until they receive it in the mail that it's not a full screen display...
 

raz-0

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Ha, finally someone is calling them out on their advertising, I thought the same thing when they announced it and hid the notch in their marketing shots.

While you had a point that the main advertising pics leaked did their best to conceal the notch, the lady in this article is a fucking idiot. You could not seriously have gotten through the purchasing process without being aware that there was a notch.

Short of suing for a dollar and mandating their advertising materials disclose the notch and the rounded corner verbiage plainly and obviously, She's an asshole who makes the world worse with bullshit lawsuits.
 
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ryno9100

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CA huh? Hehe.

I mean, really. That notch is causing you such anxiety you have to sue the manufacturer. It is ridiculous, but it is CA. That seems to be how many of them roll. I say "many" in an honest effort to give some of them credit for having more sense. I hope to live long enough for that to be found true. :)

That said. As a Texan I have suffered the indignation of people laughing at the stupid things that some of our people do as well.

Welcome to the pot.

Alabama here... I understand suffering that indignation.
 
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that is like saying i am going to sell you 5 lbs of something but instead of my lbs equaling 16 ozs, they equal 10oz. After all math by 10s is easier.

so that was a valid claim and in the end the industry changed to match the falsity.

Long ton vs short ton; they differ because of the hundredweight. (112 vs 100) We have a history of this doing this crap to ourselves! ;)
 

NoOther

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She made the choice to buy the phone, Apple didn't force her. It's not like when she went in to buy the damn thing that she couldn't see the notch clear as day when they opened the box, or maybe perhaps on the box art itself, or ya know the damned website or plethora of reviews available to anyone who has access to the internet.

People seriously need to learn accountability, but alas in our 'sue-happy' society that'll never happen.

if she were to have anything to possibly sue over, sue them over the misleading screen size versus real-estate. Apple claims a screen size of 5.8" on the X and XS versions yet have less screen real-estate than an iPhone 8 Plus which is marketed at 5.5". Not that she'd win because I'm sure Apple made sure to CYA on that issue, but it'd be a respectable lawsuit in my eyes.

First, she is specifically suing them over misleading advertising, which it was. She pre-ordered the phone, so she actually didn't get to see the final version first.

Second, she is in fact suing them over the real estate, as evidenced both by the notch, and about the rounded corners... Meaning Apple is claiming more pixels (real estate) than are actually available.

Not sure this will go anywhere, but honestly Apple reaps what they sow with seemingly ridiculous cases like this.
 
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