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October 8, 2007 |

Class-Action Lawsuit Filed Against Apple Over iPhone Bricking

By Sean P. Aune





Class-Action Lawsuit Filed Against Apple Over iPhone Bricking Suing Apple seems to have become an industry on to its own, and now it is the bricked iPhone users who are going after the Cupertino, CA-based company.

Damian Fernandez, a California lawyer, has been seeking plaintiffs to file a class-action suit over the iPhone firmware 1.1.1 update that “bricked” hacked units.  He finally located someone by the name of Timothy P. Smith.

Timothy P. Smith v. Apple Inc. states that Apple violated California antitrust laws by forcing buyers to use AT&T as their service provider.  It also states that unlocking the phone is legal under copyright laws and the Digital Millennium Copyright Act.

The suit is seeking an injunction against Apple that would keep them from selling any iPhones with a software lock.  It is also requesting that Apple continue to offer warranty service to owners of unlocked units.

At this time the exact size of the class is unknown, but is estimated that there are several hundred thousand owners of unlocked phones, all of which could become potential plaintiffs in the case.

Related:

  • Apple faces class-action lawsuit for MacBook displays
  • Apple puts an end to MacBook (Pro) 6-bit display dispute
  • Apple sued for 20" iMac display capabilities deception
  • Apple and AT&T settle visual voicemail lawsuit with Klausner Technology Inc.
  • AT&T’s legal threats halt plans to sell iPhone unlocking software

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