Apple iPhone user sues Apple over iOS 7 download

Apple iPhone user sues Apple over iOS 7 download
Poway, California's Mark Mencher is so upset about iOS 7 that he is suing Apple over unwanted downloads of iOS 7 onto his familiy's gadgets. The complaint was filed in small claims court and named Apple CEO Tim Cook as defendant. The suit seeks the removal of the iOS 7 install file. This file is installed on  Apple's mobile devices automatically once a model has power and is connected to a Wi-Fi signal. The install file helps load iOS 7 on a Apple mobile device, but not without some interaction done by the device's owner. Every time that the phone or tablet is restarted, the owner is prompted to install iOS 7

Once iOS 7 is loaded on an Apple iPhone or Apple iPad, it cannot be removed even if the parallax effect is making you dizzy and sick to your stomach. Mencher, like many others, is upset that the updating process starts out being automatic with the install file. Once the update is complete, there is no way to downgrade back to iOS 6. Going from iOS 5 to iOS 6 also started automatically, although that update didn't change the look of the OS. According to analytics firm Mixpanel, Apple's latest iOS build is on 72% of Apple's mobile devices, the fastest adoption of any version of Cupertino's mobile OS.
 

The new UI on iOS 7 eliminates the bright, glossy colors of iOS 6 and replaces it with a flat, pastel like look. In addition, the skeumorphic icons, such as a well-worn leather book cover, were replaced with a more modern look. Mencher's suit follows up on a complaint he made with the Better Business Bureau last month. He is seeking the removal of the installer file as well as $50. Mencher said that he also might move the law suit to a higher court and could expand it to class action status.


source: Mixpanel via CNET

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90 Comments

1. rodkurt

Posts: 128; Member since: Nov 29, 2012

Auto update to iOS 7 then everybody loses their minds.

7. promise7

Posts: 894; Member since: Jul 03, 2013

It doesn't actually auto update, it downloads iOS 7, but doesn't install it until you give it permission. But, since it downloads it already, you lose that space.

11. Kurai unregistered

Basically, you are being forced to update . . .

12. PapaSmurf

Posts: 10457; Member since: May 14, 2012

Basically.

46. NAWF_SIDE

Posts: 40; Member since: Oct 10, 2013

Eventually.....

50. dexter_jdr

Posts: 1163; Member since: Jun 28, 2012

Probably..

51. JC557

Posts: 1918; Member since: Dec 07, 2011

iOS7: Install Me, Maybe

52. ZeroCide

Posts: 810; Member since: Jan 09, 2013

Forcing someone to upgrade when they don't want or like it seems to be the Apple way. This is a worst fiasco than last years Apple maps... Can't wait for next years fiaco!!! WIll it be even worst?

70. taikucing unregistered

It's like the iPhone users get a message like this: Newer version of iOS is available. Would you like to update? - Yes - OK - Update now - No thanks. Remind me every 1 second * The update will be automatically downloaded if you leave this screen WTF!?

60. rodkurt

Posts: 128; Member since: Nov 29, 2012

so I guess the only solution to this is never connect your phone to the internet haha

2. GeekMovement unregistered

Is he serious? If he doesn't like iOS7 then just grab a different phone.

8. JojoGo101

Posts: 211; Member since: Dec 17, 2012

Yeah, it's not like he is so rich he can buy 5 phones or anything. be realistic. He paid for the phone.

10. PapaSmurf

Posts: 10457; Member since: May 14, 2012

You sir, receive a +1.

58. funchumm1206

Posts: 52; Member since: Mar 04, 2013

But he has money to file a lawsuit though..

64. reckless562

Posts: 1153; Member since: Sep 09, 2013

u SWEAR like it costs that much. it takes knowledge, some TIME, and a lil dedication to stand up to tha apple heads forcing the update on ppl. cant wait for it to go class action baby !!!!! mabye it will help wake up some of the isheep so they can free themselves from the MATRIX.....LOLS! plus 1 for matrix!

85. GeekMovement unregistered

In that case his time is better spent earning himself more money instead of wasting his time filing a law suit. He's complaining about something that's not going to change whether we like it or not. He doesn't need to buy 5 phones he only needs one more that's not an iphone heck maybe his friends have a spare. I'm sure he can afford that if he has the money to file a law suit. He should have also gone with a different OS to begin with because let's be honest iOS7 is pretty much only a visual change from iOS6 with additional features to make it more convenient.

90. johntennant

Posts: 2; Member since: Nov 03, 2013

You're missing the point. Imagine you buy any other product, for example I'll use a car. You test drive 3 cars, the iCar, the GoogleCar and the WinCar8. After test driving them all you chose to buy the iCar because you like the way it drives, shifts, seat comfort, interior colour etc.... Now after you buy it and enjoy it for months, at no request, iCar inc. comes and updates your car so it shifts differently, they change your interior colours, and basically change the whole driving experience for you to the point that you would never bought that car if it worked that way when you tested it. No other company could get away with this, but Apple does. Even Microsoft allows you to remove/uninstall updates. Apple is pretty much doing a bait and switch by forcing ios7 updates. You pay for one product and they switch it to another. I think he has a great case, and I'd gladly join in the fight with him! All he wants is the ability to undo an update so his phone works the way it did when he decided to pay for it. Pretty fair request I think. If Microsoft can allow undoing updates, why can't Apple?

86. DontHateOnS60

Posts: 872; Member since: Apr 20, 2009

No, but depending on which model he currently has, I've seen prices as high as $400 for used iPhone 5's (I know, that's ridiculous). So although I understand your sarcasm there, he doesn't need to be rich to get another phone. Heck, he bought the iPhone to begin with so we know he obviously had/has some money or can at least save some money to get another phone.

13. Kurai unregistered

Or he can sell his 5 apple devices and and buy 10 android devices . . .

16. alterecho

Posts: 1106; Member since: Feb 23, 2012

He'll be disappointed 10 times instead of 5 :)

55. jacko1977

Posts: 428; Member since: Feb 11, 2012

u mean 10 times happier

66. reckless562

Posts: 1153; Member since: Sep 09, 2013

go home troll

68. dragonscourgex

Posts: 307; Member since: Jan 16, 2012

The thing about Android is if you don't like the stock launcher and icon set... You can change them.

3. anirudhshirsat97

Posts: 408; Member since: May 24, 2011

Good for you... I will downgrade to iOS6 if I could. But that ain't happening. Hate iOS7

59. Kjayhawk

Posts: 294; Member since: Oct 07, 2010

I agree force closes like crazy!!! Any big game like gunners 2 or x com force close when ever i start playing. And the browser will force close whenever i get on a heavy imaged site. Really reminds me of my Droid 1 days... then again i am using a 4s.

87. meowcenary

Posts: 187; Member since: Apr 13, 2012

10th Mountain Division

4. datsyuk

Posts: 180; Member since: Jan 11, 2012

Will never upgrade to horrific iOS 7. Not until I get my Android phone.

31. Synack

Posts: 688; Member since: Jul 05, 2011

so when you get Android you will upgrade that phone to iOS7?

62. blingblingthing

Posts: 919; Member since: Oct 23, 2012

Seeing it's a lot of android offerings going to iOS, if he did as you asked, wouldn't he be downgrading?

5. anirudhshirsat97

Posts: 408; Member since: May 24, 2011

Good for you... I will downgrade to iOS6 if I could. But that ain't happening. Hate iOS7

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