10.09.2007

Iphone Lawsuit on "IBricking"


Hackers who unlocked their Apple iPhones have a new champion fighting for their rights: California resident Timothy P. Smith is attempting to start a class action lawsuit against Apple Inc. for turning hacked iPhones into nothing more than pretty little bricks. While Smith and friends cry foul about the "iBricking" of their iPhones, others question the merit of the suit.

Attorneys have applied for a class action lawsuit against Apple, claiming the company violated antitrust law by tying sales of the Apple iPhone to AT&T's cell service and by "iBricking" the phone for users who installed unlocking software.

On behalf of plaintiff Timothy P. Smith, lawyers M. Van Smith and Damian R. Fernandez claim that iPhone customers have been damaged both by the exclusive deal with AT&T and by the 1.1.1 firmware update that made many iPhones inoperable. The suit claims that Apple's actions constitute an illegal trust in restraint of trade. Although the complaint is attempting to create a class action lawsuit, only one person, Smith, has signed up for the class thus far.

"Apple forced plaintiff and the class members to pay substantially more for the iPhone and cell phone service than they would have paid in a competitive marketplace either for the iPhone or for AT&T's cell phone service," the complaint says.

source: newsfactor

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