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.
- Report: iOS 9 will bring new security features, improve legacy device support
- Report: Apple’s push for local content may delay Apple’s TV service
- Adobe dropping Photoshop Touch in favor of more focused apps
- Report: Dual app viewing, multiple logins coming to iPad
- Transit coming to Apple Maps in iOS 9?
- Apple and IBM expand MobileFirst apps to Apple Watch
- Report: Pebble facing financial struggles?
- iOS 9 to include new Home app for HomeKit?
- Report: Apple to bring Apple Watch font to iOS 9
- Leak reveals Flow by Outlook, a Microsoft email messaging app for iPhone
- Apple iPhone Lightning Dock
- Witti Notti and Dotti
- PhoneSuit Elite 6 and Elite 6 Pro Battery Case for iPhone 6 and iPhone 6 Plus
- Wren V5US Speaker
- Skech Base for iPad Air 2
- Anova Culinary Precision Cooker
- Phiaton MS 100 BA Earphones
- Olloclip Ollocase for iPhone 6
- AKG Y50 On-Ear Headphones
- Audio-Technica ATH-MSR7 SonicPro Over-Ear Headphones
- Will removing a credit card from Safari also remove it from Apple Pay?
- Can I mute Handoff calls coming into my Mac from my iPhone?
- How do I keep my iPhone calls from ringing on my Mac?
- Why doesn’t Traffic show up on my Today Notifications Screen?
- Why doesn’t my iPhone reconnect to Wi-Fi after I turn it on?
- Why can’t I see the iPad-style landscape view on my iPhone 6 Plus?
- Is there a point to having both iCloud Photo Library and iCloud Photo Stream enabled?
- Why can’t I set a longer passcode timeout on my iPhone 6 Plus?
- Can I turn off Message Read Receipts for only some users?
- How do I share one iCloud Photo Library within a family?