Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
antitrust, bricking, control, iphone, lawsuits

Companies:
apple



Judge Lets iPhone Antitrust Trial Move Forward

from the not-such-a-good-day-at-apple dept

Last year, we wrote about an antitrust lawsuit filed against Apple for sending an update that disabled, or "bricked," the iPhones of people who had changed the firmware to accept outside programs. While Apple tried to push for a dismissal of the lawsuit, a judge has denied the motion to dismiss and will let the case carry on. While a full-on antitrust finding seems unlikely, there are elements of the case that may get Apple into trouble down the road -- and it all comes back to Apple's Achilles' heel: its desire to control absolutely everything, even after you've bought it. Depending on how this case works out, Apple may discover that it (legally) needs to learn to loosen the strings a bit.

9 Comments | Leave a Comment..

 
 

Reader Comments

(Flattened / Threaded)

    Oct 7th, 2008 @ 9:22pm
  • It's about time...

    by chronos

    ...and maybe Apple learn to let go of some other stuff too...

    (reply to this comment) (link to this comment)

  • Oct 7th, 2008 @ 9:24pm
  • Apple have got to be feeling quietly confident

    by icon Allen (profile)

    Unless you narrowly define "the market" as two handset models designed by a single company, Apple are not in a position to prevent competition. Sure their entry caused quite a stir and the number of units shipped is impressive given they started with nothing, but it will be a long time before an apple firmware update prevents you from buying a Nokia.

    It's not like Apple are secretly brainwashing Californians into fanatics that are no longer able to consider the alternatives, is it?

    (reply to this comment) (link to this comment)

  • Oct 7th, 2008 @ 11:30pm
  • All Your Base

    All Your Base are Belong To Us

    And here I thought that was a Microsoft thing.. then Google.. and now its an Apple slogan too..

    (reply to this comment) (link to this comment)

  • Oct 8th, 2008 @ 1:18am
  • by Genuinely Surprised

    Wow and iPhone debate without all the senseless "I did not buy an iPhone and am therefore better than all you weak fools who did," talk. I am impressed...

    (reply to this comment) (link to this comment)

  • Oct 8th, 2008 @ 6:21am
  • re: Apple have got to be feeling quietly confident

    by Kuato

    Unless you narrowly define "the market" as two handset models designed by a single company, Apple are not in a position to prevent competition. Sure their entry caused quite a stir and the number of units shipped is impressive given they started with nothing, but it will be a long time before an apple firmware update prevents you from buying a Nokia.

    It's not like Apple are secretly brainwashing Californians into fanatics that are no longer able to consider the alternatives, is it?


    Just like when Windows had to play nice with other browsers. Having windows doesn't prevent you from buying Linux or MacOS, but the courts hammered MS none the less.

    (reply to this comment) (link to this comment)

    • Oct 8th, 2008 @ 8:07pm
    • Re: re: Apple have got to be feeling quietly confident

      by icon Allen (profile)

      Yeah but Microsoft had overwhelming PC market share that approached a monopoly. Suppressing application competition on their OS platform suppressed application competition period.

      Apple have a long way to go before they have overwhelming handset market share.

      (reply to this comment) (link to this comment)

    Oct 13th, 2008 @ 11:58am
  • by Anonymous Coward

    Its your legal right to modify that phone if you so well chose. You paid for the phone, therefore you own it. Promotional offers are another thing, The best apple should be allowed to do is disable you from using AT&T due to "Terms of Service violation" And that's ONLY if you got your iPhone from a promotional offer. Then again, if they brick the iPhone through software, I'm certain that (Just like the PSP trying to stop homebrew) People will find a way to bypass it and "fix" their phones. Hell, I can take my PSP from literly no flash in memory and reload it with custom firmware using nothing but a modded battery and some third party software. Case-in-point... Screw with consumers and they'll find a way to screw you right back!

    (reply to this comment) (link to this comment)

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