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Apple wins IOS 4 'Ibrick' case

Judge rules software is not a service
Fri Nov 11 2011, 14:09

PLAINTIFF Bianca Wofford lost her lawsuit against Apple demanding $5,000 for every Iphone owner affected by an IOS update that bogged down old Iphones.

Last year Apple's release of IOS 4 left some Iphone 3GS users unhappy with the resulting performance of their shiny, not-so-new toys. Wofford's lawsuit against Apple claimed that IOS 4 was in fact a downgrade that would turn the Iphone 3GS into an 'Ibrick'. Yesterday a court ruled in favour of Apple, citing the fact that IOS 4 was offered as a free upgrade, meaning that "sale or lease" laws did not apply.

According to Wofford this was all part of a plan by Apple to get fanbois to buy the then newly released Iphone 4. Apple announced that it planned to fix the software update for Iphone 3GS owners but that wasn't enough for Wofford, who continued the lawsuit demanding $5,000 for every 'Ibrick' owner.

Interestingly, the judge found software did not quality as a good or service, which should interest all those companies that claim to offer software-as-a-service. He also threw out Wofford's claims of false advertising and deceptive business practices.

Had Apple been found liable it would have to work out a new way to magic up $5,000 for every Iphone 3GS owner through its preferred method of fixing things, issuing a software update. Wofford has been given 30 days to amend her complaint, but frankly her attempt to extract money from Apple looks to be all but over, even though some might agree with her contention that Apple updated IOS in part to force users to upgrade to the latest Iphone. µ


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