The saga of class-action lawsuits looming over Apple's iOS battery management took a new turn last week – as the Cupertino giant was accused of violating American hacking laws.I really hope that Apple gets hung out to dry on this one.
A complaint [PDF] filed in the US federal district court of northern California lists a violation of the Computer Fraud and Abuse Act among the charges filed against Cook and Co.
The lawsuit, submitted on behalf of everyone in America who bought an iPhone or iPad that had been subject to performance throttling on devices that suffered from diminished battery capacity, accuses Apple of illegally tampering with devices, amongst other things.
The suit argues that the iOS update slowed down a device in order to preserve battery life. In doing so Apple intentionally "damaged" its hardware without user knowledge or permission, violation of the CFAA, the plaintiffs – Alex Rodriguez, of Alaska, and scores of pals – claim.
"Apple violated [the CFAA] by knowingly causing the transmission of iOS software Updates to Plaintiff and class members’ devices to access, collect, and transmit information to devices, which are protected computers as defined in [the CFAA] because they are used in interstate commerce and/or communication," the complaint reasons.
"By transmitting information to class members’ devices, Apple intentionally caused damage without authorization to class members’ devices by impairing the ability of those devices to operate as warranted, represented, and advertised."
Apple's view of iPhones seem to be that, notwithstanding the money that people pay for the devices, it is Apple, Inc. that owns them.
They need to be disabused of this concept.
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