October 8, 2007 |

Class-Action Lawsuit Filed Against Apple Over iPhone Bricking

By Sean P. Aune

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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Entry was posted on Monday, October 8th, 2007 at 4:27 pm under Apple, iPhone.  Print This Post

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5 Responses to “Class-Action Lawsuit Filed Against Apple Over iPhone Bricking”

1. iphone » Class-Action Lawsuit Filed Against Apple Over iPhone Bricking:
   October 8th, 2007
   

   [...] Eugenia wrote an interesting post today onHere’s a quick excerptDamian 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. … [...]

2. Class-Action Lawsuit Filed Against Apple Over iPhone Bricking:
   October 8th, 2007
   

   [...] unknown wrote an interesting post today onHere’s a quick excerptDamian 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. … [...]

3. Fieldhot.Com » Class-Action Lawsuit Filed Against Apple Over iPhone Bricking:
   October 8th, 2007
   

   [...] Mendez wrote an interesting post today on Class-Action Lawsuit Filed Against Apple Over iPhone BrickingHere’s a quick [...]

4. accutane lawsuit » Class-Action Lawsuit Filed Against Apple Over iPhone Bricking:
   October 24th, 2007
   

   [...] Kevin Kelly wrote an interesting post today onHere’s a quick excerptDamian 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. … [...]

5. accutane lawsuits » Class-Action Lawsuit Filed Against Apple Over iPhone Bricking:
   October 24th, 2007
   

   [...] Kevin Kelly wrote an interesting post today onHere’s a quick excerptDamian 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. … [...]

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