Let’s say you got your hands on some clearly marked beta software, and once you started using it, you find it's a little buggy. Do you just stop using it until a new update comes out? Or do you try to get a refund?
If you are Frank M. Fazio of Brooklyn, you forego either of those choices and just sue instead. Sounds reasonable, right? No?
Cue the "dun dun" and let's get into the annoying details.
On March 6, 2012, Fazio filed a lawsuit against Apple in U.S. District Court, claiming that the Siri feature that came with his iPhone 4S didn’t perform like the commercials he saw on television. According to the lawsuit, when Fazio used the Siri beta software on his iPhone 4S, he sometimes found that either Siri did not understand what he asked, or "after a very long wait time, responded with the wrong answer."
Apparently, the slick commercials that Apple produced for Siri didn’t demonstrate these occasional bugs that would eventually plague Fazio. According to the lawsuit, Apple "knew or should have known that the iPhone 4S does not perform in accordance with the advertisements, marketing materials, and warranties disseminated" and that Siri is "at best, a work-in-progress." Also known as beta software.
So...in other words, Siri is beta software, right Fazio?
In summary, Fazio’s lawyers, Robbins Geller Rudman & Dowd, are building a case that the Siri does not work; that the iPhone 4S is distinguished from previous versions of the only because of Siri; that consumers purchased the iPhone 4S over other smartphones specifically because of Siri; that the iPhone 4S cost more than other iPhones; and that this scam was perpetrated by Apple through an extensive nationwide marketing campaign.
The fact is, the iPhone 4S was a significant upgrade. The device shipped with a processor that was two-times faster, graphics that were seven-times the power, an upgraded 8-megapixel camera, 1080p video recording, an upgraded operating system, and of course, Siri. The much touted voice-activated software has indeed received a lot of hype, but Apple is very clear that Siri is still in beta, which universally means it may be a little buggy sometimes. Either way, to say the iPhone 4S is only or even predominantly distinguished from previous iPhones is just not accurate.
Consumers are generally aware of this, which is why they continue to buy each new Apple iOS device in record numbers. It is not just one app or a specific feature that continually brings Apple users to the holy alter of Cupertino for the latest technological blessing, it is faith in a superior product. Betas get updated, bugs get fixed, and one can safely assume that Siri will continue to improve as well.
Finally, the claim that the iPhone 4S cost more than previous iPhones is based on the fact that when Apple released the latest device, they discounted the previous version. Which was pretty cool. However, the price point of $199 has been consistent for the last few iPhone releases. Apple strives to consistently upgrade each of their products while keeping the prices the same (or less) for the consumer, and they once again succeeded with the iPhone 4S pricing.
Of course, if Fazio was truly disappointed with the product, he could have returned it. Instead, we have this hot mess of a lawsuit. And although he is seeking unspecified damages, the lawsuit clearly points out how much financial success Apple has had selling the iPhone 4S, and there can be no mistake what Fazio is after.
The courts don’t look kindly on high-profile, frivolous lawsuits. Here’s hoping Apple’s vaunted legal team brings their A-game and can knock this one out of the park. For Sirious, yo.
Adrian writes the weekly Law & Apple column for MacLife.com. Follow him on Twitter, or subscribe to him on Facebook.
brandonwalkermedia
March 14, 2012 at 3:04pm
just another liberal democrat suing for no reason! Come down to Texas where theres a thing that prevents lawsuits like these (tort reform), seems like Cali need some of Texas.
factbased
March 15, 2012 at 2:33pm
Where did you get the info on his politics? I didn't see anything about that.
If you'd like to learn a bit about the tort reform movement, do yourself a favor and watch the documentary Hot Coffee. It's eye-opening.
Geoduck
March 14, 2012 at 4:00pm
Isn't the West Texas Court where many of these frivolous lawsuits are filed BECAUSE it is more sympathetic to this kind of BS?
genovelle
March 14, 2012 at 3:23pm
Brandon, I see more Republicans suing and making stuff up. Kind of like your statement. Wait let me guess you are a one of them aren't you. That explains a lot! LOL!!! WOW! Go watch FOX News or something.
brandonwalkermedia
March 14, 2012 at 7:22pm
1. FOX republican?
2. what republicans are suing (liberal republicans)
3. west texas? what frivolous law suit has not been kicked out? (although no system is perfect and some judges don't care about the law)
4. how many frivolous law suits do other states have, compared to the ones who have adopted tort reform?
5. sorry about saying democrats, i meant anyone who thinks that people can sue a company just to make a quick buck.bottom line is anyone who thinks that the rich are ripping everyone off (there are some (lots) who do) is , and try to penalize the one who got rich making a great product (or have a good advertising department) is a liberal (both Dem's and Rep's.)
personally (before people start attacking the above statement) id like to see a %15 Flat Tax for the entire year.
you make 1,000,000 you pay 150,000
you make 10,000 you pay 1,500
you make 100 you pay 15simple and no loop holes!
RobK
March 15, 2012 at 5:53am
I would make light of your reasoned response and further attempt to insult you but I'm not a (hippie) liberal (socialist) democrat... unfortunately.
brandonwalkermedia
March 15, 2012 at 11:59am
what tried of is i (like steve jobs) believe if you do Good work and the consumer buys it you should NOT get penalized for making a great product (but you should pay a normal rate of tax)
there are 2 people i dislike:
1: who sue because they want a piece of something they did not work for. (Read the article)
2: people who think that people that work should pay more, then others who don't!and on Taxes why do they want to tax everyone more? because they have way to many stupid programs, and everyone is at fault for that!
factbased
March 16, 2012 at 7:52am
Looks like you've got some common ground with the Occupy types. They think people that don't work should pay as high a tax rate as those of us who do (meaning capital gains are taxed as normal income).
