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Man sues Apple CEO over automatic iOS 7 download

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By Jesse Hollington

Social Media & Software Editor, iLounge
Published: Friday, October 18, 2013
News Categories: Apple

An interesting new lawsuit against Apple CEO Tim Cook has been launched by a California man over the automatic downloading of iOS 7. Mark Menacher filed a small-claims complaint specifically against Apple CEO Tim Cook on Thursday requesting that Apple provide the ability to remove the automatically downloaded iOS 7 installation package.

The over-the-air software update process introduced in iOS 5 automatically downloads any available iOS update whenever a device is automatically connected to power and on a Wi-Fi network. It notably provides no way to remove this download for users who may choose not to update to the latest iOS version, which in the case of iOS 7 is approximately 1GB of now unrecoverable storage space. Menacher’s complaint asks that Apple provide a way to get rid of the downloaded installer file as well as providing $50 in compensation. Menacher is also said to be considering escalating the issue to a higher court and exploring the possibility of class action status. [via CNET]

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Comments

1

I was wondering of this automatic undate, is that only if your phone has enough space or is there a way for apple to do it no matter what? i have 4 with only 8GB of space and i have not done the last 4 updates and have not ever had an automatic update done even tho i run wifi at my house, any info would be great.

PS I don’t have the space for the update i only have 1.4 GB of free storage

Posted by CJ 10 on October 18, 2013 at 8:56 PM (PDT)

2

I don’t understand this. You will have to agree to the update to update the phone. It does not do it automatically. On every device I have it says there is an update but it never download unless I agree. Did I miss something?

Posted by georges on October 21, 2013 at 4:22 AM (PDT)

3

Good one this hasto be done.

Posted by Neetu on October 21, 2013 at 5:09 AM (PDT)

4

@2: Whether you agree or not, if there is sufficient space to pre-download the update package it will be pushed to all eligible devices with sufficient free space.

I was skeptical of people complaining when iOS 6 came out (guess no one had whatever the determined vacant space was for it to happen) but watched it happen to devices in our household when iOS 7 came out. Boom, 1.3GB gone and no way to remove it or prevent it.

It really is unconscionable as people like myself were waiting on the first bug fix update and prefer to do big updates from a computer anyhow where backups are made. Nonetheless, I had 2 full packages pushed to my 5G touch that I never used - nearly 3GB of data wasted and loss of free space.

It’s dirty tricks like this that allow Apple to claim such high upgrade percentages: they take the choice away from the user. No, you don’t have to upgrade, but you do have to either keep your device sufficiently full or install it once it’s pushed on there if you want your storage space back.

I wish this guy luck.

Posted by Code Monkey in Midstate New York on October 21, 2013 at 8:05 AM (PDT)

5

Really? This is what it has come to? What a perverse use of our legal system. What a waste. I hope this guy spends a lot of his hard earned money on this clown trial.

Posted by Mike on October 21, 2013 at 3:47 PM (PDT)

6

@5: Perverse? This is exactly why we have a civil legal system. Or did you think there was any other reason why we have a civil torte system in place? This is the ONLY way under civilized law for the little guy to stand up to the big guy, or would you prefer mail bombs and CEO assassinations? The lawsuit is the single mechanism to redress wrongs under all western systems, full stop.

Anyhoo, according to Apple logic, a GB of internal flash storage costs the consumer about $3, the pushed update eats 1.3GB *permanently* if you don’t upgrade. That is a quantifiable reduction in value to every affected device of about $4. With at least 200 million eligible devices out there potentially affected by Apple’s anti-consumer practices, the collective damages to their customer base are approaching a solid billion dollars…

Or Apple could just do what they should have done and add an option to prevent automatic downloads and to delete them after the fact if you find out your device has had its capacity reduced. Of course Apple will never do this because it would require them to update what they consider a relegated OS, hence the lawsuit. Nothing clownish about it.

Posted by Code Monkey in Midstate New York on October 21, 2013 at 7:48 PM (PDT)

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