Apple and AT&T deserve to be sued

In it's oh-so objective report Gizmodo writes: "It was bound to happen. It seems that a guy called Trujillo has been the first to file a class-action suit against Apple and AT&T because of the iPhone. The reason? You guessed it—it's the battery." calling you to read "all about this dumbtastically stupid lawsuit, including the entire complaint text, after the jump."

The reason why this Gizmodo blogger apparently believes that this is a stupid and baseless lawsuit worth some offensive name calling is what pretty much amounts to his opinion on how relevant or truthful one of Trujillo's complaints are. Trujillo is quoted claiming that the battery is a "sealed unit with it's battery soldered inside" however especially emphasizing the part where he says that "The battery enclosed in the iPhone can only be charged approximately 300 times before it will be in need of replacement, necessitating a new battery annually for owners of the iPhone.".

While it may be true, as it turns out, that iPhone can be charged more than 300 and even 400 times, albeit with only 80% of previous efficiency, Gizmodo, perhaps deliberately, de-empasizes the point 12 of the Substantive Allegations which, when quoted in full (and as shown in an image scan on Gizmodo itself) says: "Unknown to the Plantiff, and undisclosed to the public, prior to purchase, the iPhone is a sealed unit, with it's battery soldered on the inside of the device so that it cannot be changed by the owner."

So while Gizmodo is fast to derail the guy for daring to file a class action lawsuit for what he believes is unfair to him as the owner of the device, I would like us to skip through the hype and this collective conditioning of our beliefs with regards to what our rights as device owners are and reconsider the validity and context of what Apple is accused here of doing.

We really don't need to think *that* hard to realize how locked down and dependency inducing iPhone really is. And if you really need a reminder you'll actually find it snapshotted by Gizmodo, within an image scan of this New York Times article saying the following: "There’s no memory-card slot, no chat program, no voice dialing. You can’t install new programs from anyone but Apple; other companies can create only iPhone-tailored mini-programs on the Web."

Is that enough of an Apple lock-in for you? Then, within that context, consider the complaint that Trujillo is putting forward. If I buy the device than it is mine - I am its owner. As such I should have the right to do with it whatever I wish. However, Apple has already made a decision for me, in this case regarding how will I be replacing the battery. I can't do it myself for I have to go to Apple so that they can do it for me. There is hence no way for me to buy a battery from someone else. Perhaps a used one with sufficient juice left, for a bit cheaper? Who is the Apple to get in the way of whatever I want to do with it? It seems that recently we need to remind corporations like Apple of this fact more and more: I payed for it. It is mine so don't interfere unless I call you!

And then when someone dares to call Apple and its partner in this perpetration, AT&T, to justice, what does a trend-conformist Gizmodo do? They insult it.

Even if we consider the battery issue as a small one in itself, when you consider the larger picture of what iPhone actually is, it fits really well into it and Trujillo could upgrade his lawsuit with a few additional claims. If we just sit up and buy whatever is being served to us without complaining, who will keep companies in line and how far will they go in their attempts to control rather than empower their customers? Instead of derailing those who have the audacity to speak up when they feel hurt I think we should applaud and join them.

Sure you do not have to buy an iPhone, so why are you? Why are so many people buying them? Isn't that happening *exactly* because people just accept the consumer control as a normal thing rather than something they can be free from? And isn't talking about it and calling Apple and others to their responsibility on the issue the only way to make it known to the public so that they can make more informed decisions?

So far the iPhone hype has been stronger than the healthy dissent it deserves.

Thank you

Danijel Orsolic

Digg?

Disclaimer: I am not an Apple hater nor I care so much about the "company" as much about the "practices" of a given company. I love many things about Apple, particularly their sense of style, but I despise their appetite for consumer control. I am a Free Software user and I don't give a damn about platforms and platform "fanboyism".

Note: For an iPhone alternative, you might consider waiting for Neo1973.