Apple + AT&T’s iPhone Antitrust Class Action Smackdown
If I wasn’t busy working on other things at the moment, I would write more about this:
I’ve read through it. Apple and AT&T haven’t lost the case yet, but the language of the court’s decision is pretty brutal. A few of the findings:
(1) AT&T can’t force plaintiffs to submit to arbitration rather than a full trial, because the AT&T service contract requiring arbitration was unconscionable under California, New York, and Washington State law.
(2) Plaintiffs can proceed against Apple under antitrust law regarding voice and data services for restricting users’ ability to use their iPhones on competing networks.
(3) Plaintiffs can proceed against Apple under antitrust law regarding iPhone applications, for restricting users’ ability to use unapproved third-party iPhone applications.
(4) Plaintiffs can proceed against Apple under the common law, as well as the Computer Fraud Abuse Act and the California Penal Code, for damaging unlocked iPhones with version 1.1.1 software.
Say what you want to say about lawyers, but the way this case is settled has the potential to radically change the entire mobile phone industry in the United States—as well as Apple’s business practices regarding current and future iPhones. I say “settled” because this ruling radically increases the chances that Apple and AT&T will feel compelled to resolve things without letting the case go further through the trial process, and one can only hope that the plaintiffs’ attorneys don’t get so excited by the prospect of settlement dollars that they pass on achieving the larger (precedent) goals of the suit. Millions of iPhone customers have a stake in seeing Apple and AT&T act reasonably regarding contract terms, unlocking, and applications, and as this court has explained, there’s evidence that they previously haven’t.
If you have a comment, news tip, advertising inquiry, or coverage request, a question about iPods or accessories, or if you sell or market products, read iLounge's Comments + Questions policies before posting, and fully identify yourself if you do. We will delete comments containing advertising, astroturfing, trolling, personal attacks, offensive language, or other objectionable content, then ban and/or publicly identify violators. Wondering why we're talking about something other than iPods? Check the Archives: Backstage has been here and kicking it since 2004.
- Incipio to acquire Skullcandy
- Apple confirms iOS 10 kernel was left open to improve performance
- Apple leaves iOS 10 kernel open to scrutiny
- Judge throws out ‘Error 53’ lawsuit against Apple
- Chinese company in iPhone patent fight is all but defunct
- Apple adds nine more apps to universal search in Apple TV
- WSJ: iPhone to see modest changes this year, eliminate headphone jack
- China tightening restrictions on mobile games starting next month
- Supreme Court patent ruling bodes well for future Apple cases
- Apple to pay $400M to consumers over e-book price fixing case
- Zagg Slim Book for 9.7” iPad Pro
- Element Case Ronin for iPhone 6/6s
- JBL Clip 2 Wireless Bluetooth Speaker
- Audio-Technica ATH-SR5BT Wireless On-Ear Headphones
- Catalyst Case for iPad mini 4
- Jaybird Freedom Wireless Bluetooth Headphones
- Zagg Flex Arc Wireless Earbuds + Speakers
- Audio-Technica ATH-MSR7NC SonicPro Headphones with Active Noise Cancellation
- Twelve South BookBook for 12.9” iPad Pro
- Spigen Rugged Armor, Style Armor + Wallet S for iPhone SE
- Inside the betas: iOS 10 Photos gets Advanced Computer Vision
- Inside the betas: iOS 10 Music app delivers ‘clarity and simplicity’
- Inside the betas: iOS 10 Maps gets a major redesign
- Inside the betas: iOS 10 shakes up the user experience
- Inside the betas: watchOS 3 promises a real speed boost
- Inside the betas: A sneak peek at what’s new in tvOS 10
- Filling the Gap: A look at third-party HomeKit apps
- Instant Expert: Secrets & Features of tvOS 9.2
- Instant Expert: Secrets & Features of iOS 9.3
- Opinion: Why Apple needs a dedicated HomeKit app