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.
- Apple reaches deal with UnionPay to bring Apple Pay to China
- DisneyLife subscription-based app launches in the U.K.
- Apple buys motion capture company Faceshift
- Apple CarPlay included in 2017 Mitsubishi Mirage
- Apple aims to launch Apple Pay in China by February
- MasterCard giving Apple Pay users free trips on London’s public transit system
- Apple wins DRM patent case against ContentGuard
- Apple working on app to diagnose problems with iOS devices?
- Apple Music: Iovine apologizes for remarks about women; Adele won’t stream new album
- Apple expands personal pickup to Apple Stores in the UK
- Parrot Hydrofoil Drone
- Apple Pencil for iPad Pro
- IK Multimedia iRig Pro DUO
- CableJive HeroDock
- Phiaton BT 330 NC Headphones
- Ecoxgear EcoPebble Powerbank + Speaker
- Lunatik Taktik 360 for iPhone 6/6s
- Belkin Charge Dock for Apple Watch + iPhone
- SwitchEasy Aero, N+, Nude, Play for iPhone 6s/iPhone 6s Plus
- Netatmo Welcome Smart Home Camera
- Under the Radar: 10 ‘hidden’ details about the new Apple TV
- Instant Expert: Secrets & Features of iOS 9.0
- Under the Radar: A closer look at smaller iPhone 6s and iPhone 6s Plus changes
- A First Look at iOS 9’s Transit in Apple Maps (Updated for watchOS 2)
- Instant Expert: Secrets & Features of iTunes 12.2
- Instant Expert: Secrets & Features of iOS 8.4 + Apple Music
- CE Week 2015: IK Multimedia, Monowear’s Apple Watch bands + More
- Live From CE Week 2015: Brand New iPad, iPhone + Mac Accessories!
- Opinion: The ‘Grand Experiment’ of shifting to Google Photos
- Will removing a credit card from Safari also remove it from Apple Pay?