A small construction company from Oklahoma called Best Companies, Inc., with ten employees (according to LinkedIn), filed a four-count lawsuit against Apple Inc. for strangling iPhones, enforcing California law and more. This is not your typical iPhone case, and the lawsuit goes into areas that were not raised before. While some may find this lawsuit interesting to read, others will simply yawn, since so far too many lawsuits have been filed on this single issue.
Reasons for action
Count 1: Violations of the ABUSE AND ABUSE ACT
Count 2: INFRINGEMENTS IN CALIFORNIA UNFAIR COMPETITION LAW
Count 3: CALIFORNIA COMPUTER DATA ACCESS AND FRAUD ACT
Count 4: TRESPASS TO CHATTELS
Below is a simple snippet of interest found in the Class Action application:
Running at a slower speed after the update, the processors in Apple devices will require less power during peak operation. This reduced peak power requirement would reduce and eliminate cases where the processor would outperform the battery, meaning that even in their weakened state, the older batteries could deliver enough peak power to meet the processors’ now reduced requirements. Although this “solution” would prevent direct outages, it would reduce customers’ product and scale, meaning that batteries will continue to weaken and the solution will continue to reduce processors so that demand never exceeds available power.
Neither the software update notice nor the release notes for the software update mentioned this serious choking. Apple hid the problem; Apple hid the solution; and Apple hid that the solution would reduce customers’ products.
Users of Apple devices immediately began reporting reduced functionality, but there was no way for regular users to quantify or trust them. “The lawsuit continues to provide a series of diagrams to support its claims.”
For more information on this matter, please review the full lawsuit presented below, with the permission of Patently Apple.
Best Companies, Inc v. Appl … by Jack Purcher
For the record, another iPhone Throttling case is about to be settled. In March, Patently released a report entitled “A California Judge Has Approved a Major Class Action on the iPhone Throttling Case.” In May, we released a follow-up report entitled “After settling an iPhone Throttling Lawsuit in March, California Judge has now extended the deadline due to the” Pandemic. “