Page 1 of 7 1234567 LastLast
Results 1 to 10 of 70
Discuss Class Action Lawsuit Respondents Needed at the General - Hackint0sh.org; Mods: If possible, can this be made a sticky for a few weeks? - - ...
  1. #1
    Rookie Array

    Join Date
    Sep 2007
    Posts
    14
    Post Thanks / Like
    Downloads
    0
    Uploads
    0
    Rep Power
    0

    Default Class Action Lawsuit Respondents Needed

    Mods: If possible, can this be made a sticky for a few weeks?


    - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    To: iPhone Owners denied warranty service.
    From: MTI

    Seeking respondents for possible class action lawsuit against Apple Inc. relating to refusal to service iPhones and related accessories under warranty.

    Classes: There are three potential classes in this case:


    1) Persons who own an iPhone and used software to access the available flash drive space on the iPhone, *without* modifying iPhone firmware nor installing 3rd party applications on the iPhone itself. Among this class are users of the commercial product "iPhoneDrive", a third party application that allows the iPhone to be used as a storage device, but that does not alter iPhone firmware nor install executables onto the iPhone itself.

    Persons of this class must have been refused warranty service by Apple or its associated Apple stores, with such refusal being due to respondent's use of iPhoneDrive, iToner, or other external application that does NOT alter firmware.




    2) Persons who own an iPhone, and who installed 3rd party software on the iPhone for the purpose of expanding its functionality. Examples of such programs are "Installer.app" and the native applications that it installs into the iPhone.

    Persons of this class must have restored their iPhone firmware back to factory defaults, or be seeking services for a non-firmware nor software issue, such as a defective touch screen, defective battery, or other purely hardware failure under warranty, and have been refused service due to their past usage of third party applications.



    3) Persons who unlocked their iPhone to allow for its use on networks other than ATT.

    Persons of this class must have restored their iPhone firmware back to factory defaults, or be seeking services for a non-firmware nor software issue, such as a defective touch screen, defective battery, or other purely hardware failure under warranty, and have been refused service due to their past usage of third party applications.



    If you are a member of one of the above classes, please respond by sending an email to:

    classaction@myndex.com

    In the subject line, please state only "Class One" , "Class Two", or "Class Three", depending on the class that you belong to. Emails with subject lines other that one of these three will be ignored.

    In the body of the email, please state your name and contact information (to be held strictly confidential), and the circumstances relating to Apple's refusal of warranty service. Please be as complete as possible, and try to include the following:

    1) Date you purchased the iPhone, and the state where purchased

    2) A complete description of the third party applications you used with your iPhone (for members of class three, the method of unlock).

    3) The reason for the need for warranty service

    4) If upgrading to firmware 1.1.1 appeared to result in the problem requiring service

    5) If upgrading to iTunes 7.4.2 or later appeared to result in the problem requiring service

    6) If you successfully did a "restore" prior to bringing the iPhone to Apple

    7) The name of the Apple representative that refused service

    8) The exact reason Apple stated that they were refusing service,



    Regards,

    MTI



  2. #2
    Respected Professional Array

    Join Date
    Aug 2007
    Location
    Paris, France
    Posts
    533
    Post Thanks / Like
    Downloads
    0
    Uploads
    0
    Rep Power
    34

    Default

    Quote Originally Posted by myndex View Post
    Mods: If possible, can this be made a sticky for a few weeks?
    myndex, I understand your frustration and desire to seek restitution. However, I think that you and others are beating a dead horse with a stick. A simple look at the terms and condition that were delivered with your iPhone will hopefully clarify this point for you. A Class Action law suit implies that you suffered damages as the result of something negative that resulted from the proper usage of a product and that according to the terms of conditions of the iPhone, "hacking" is not a proper use. In the eyes of the law, if anyone is wrong, it's you, me and others that have willingly and knowingly modified the iPhone despite Apple's warning not to.

  3. #3
    Advanced Array

    Join Date
    May 2006
    Posts
    35
    Post Thanks / Like
    Downloads
    0
    Uploads
    0
    Rep Power
    0

    Default

    I'm suprised there's not something in U.S. law that ensures all phones can be unlocked. There certainly is in most of Europe. Even in the UK, OFCOM would take a very dim view of a phone manufacturer claiming unlock was impossible. After all, surely people should be allowed to use their phones as they wish once the contract term is expired, so anybody who did an 'early buy out' of their contract should already be able to use an iPhone on any network LEGALLY.

  4. #4
    Senior Professional Array

    Join Date
    Jul 2007
    Posts
    346
    Post Thanks / Like
    Downloads
    0
    Uploads
    0
    Rep Power
    26

    Default

    Those that seek a lawsuit against Apple are not worthy to have an iPhone.
    Grow up and live with it that some things are the way they are and you can not have some things in life.

  5. #5
    Newbie Array

    Join Date
    Sep 2007
    Posts
    5
    Post Thanks / Like
    Downloads
    0
    Uploads
    0
    Rep Power
    0

    Default

    While I do think modded iphone users dont have much of a leg to stand on when their phone gets messes up and go after Apple, I dont think they should be denied warranty on obvious hardware defects. I do believe the iphone should be more open, but by purchasing an iphone we agreed to their terms.

    Can Apple even tell a phone was modded if it is returned to factory settings/software?


  6. #6
    Professional Array

    Join Date
    Sep 2007
    Posts
    58
    Post Thanks / Like
    Downloads
    0
    Uploads
    0
    Rep Power
    0

    Default

    It really doesnt matter what Apple prints in their terms and conditions. Just because they print something doesnt make it legal.

    The laws of your country rank higher than Apple's terms and conditions.

  7. #7
    Rookie Array

    Join Date
    Sep 2007
    Posts
    17
    Post Thanks / Like
    Downloads
    5
    Uploads
    0
    Rep Power
    0

    Default

    It doesn't matter what they write on the box, they still have responsibilities.

    When a dry cleaner has a sign up stating "not responsible for loss or damage" - it means nothing. He certainly IS responsible for loss or damage.

    If I have unlocked my iPhone, that doesn't give Apple carte blanche to deny the product is even made by them. If, for example, my battery losses the capability to hold a charge after only 60 days of use, then it is incumbent upon Apple to allow a warranty claim. Of course Apple could replace the phone w/ a new one, as they don't have to warrant my ability to unlock it.

    Conceptually, there's nothing wrong with the ideas of a class action. Practically, however, just about the only people who profit from such an action are the lawyers setting it up.

  8. #8
    Rookie Array

    Join Date
    Sep 2007
    Posts
    14
    Post Thanks / Like
    Downloads
    0
    Uploads
    0
    Rep Power
    0

    Default

    Quote Originally Posted by Snowbird View Post
    myndex, I understand your frustration and desire to seek restitution. However, I think that you and others are beating a dead horse with a stick. A simple look at the terms and condition that were delivered with your iPhone will hopefully clarify this point for you. A Class Action law suit implies that you suffered damages as the result of something negative that resulted from the proper usage of a product and that according to the terms of conditions of the iPhone, "hacking" is not a proper use. In the eyes of the law, if anyone is wrong, it's you, me and others that have willingly and knowingly modified the iPhone despite Apple's warning not to.


    Using "iPhoneDrive", a commercially available applications that does NOT run ON the iPhone, and in no way alters the iPhone's firmware can't be con


    A

  9. #9
    Rookie Array

    Join Date
    Sep 2007
    Posts
    14
    Post Thanks / Like
    Downloads
    0
    Uploads
    0
    Rep Power
    0

    Default

    Quote Originally Posted by shadowmatt View Post
    It really doesnt matter what Apple prints in their terms and conditions. Just because they print something doesnt make it legal.

    The laws of your country rank higher than Apple's terms and conditions.
    Exactly. The EULA does not negate implied warranties, nor the warranty related laws of any state, or the federal government.

    They can *say* whatever they want - but that does not mean they can avoid certain implied warranties, etc.


    A

  10. #10
    Rookie Array

    Join Date
    Sep 2007
    Posts
    14
    Post Thanks / Like
    Downloads
    0
    Uploads
    0
    Rep Power
    0

    Default

    Quote Originally Posted by cecilalb View Post
    Conceptually, there's nothing wrong with the ideas of a class action. Practically, however, just about the only people who profit from such an action are the lawyers setting it up.
    If the resulting ruling means that Apple is barred from actively locking the phone, or disabling third party applications, then we all win.

    A


 

 
Page 1 of 7 1234567 LastLast

Similar Threads

  1. Replies: 0
    Last Post: 10-07-2010, 02:00 AM
  2. MacNN: Bell Canada hit with class-action throttling lawsuit
    By hackint0sh in forum Latest Headlines
    Replies: 0
    Last Post: 05-30-2008, 07:20 PM
  3. Replies: 6
    Last Post: 10-04-2007, 10:57 PM
  4. Replies: 15
    Last Post: 09-26-2007, 10:03 AM
  5. Replies: 1
    Last Post: 08-28-2007, 04:24 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Powered by vBulletin®
Copyright © 2014 vBulletin Solutions, Inc. All rights reserved.
Search Engine Friendly URLs by vBSEO
(c) 2006-2012 Hackint0sh.org
All times are GMT +2. The time now is 06:10 AM.
twitter, follow us!