Apple sued over iPhone 3G performance under iOS 4 | iLounge News


Apple sued over iPhone 3G performance under iOS 4

A California woman has filed a lawsuit against Apple, claiming that the company committed false advertising and unfair business practices by encouraging iPhone 3G users to download iOS 4. Wired reports that Bianca Wofford of San Diego is seeking class action status for the suit, and claims that the software upgrade made her iPhone unusable. “The true fact of the matter … is that the iOS 4 is a substantial ‘downgrade’ for earlier iPhone devices and renders many of them virtually useless iBricks,” the complaint reads. Apple admitted to less-than-optimal performance of iOS 4 on the iPhone 3G, calling it a “bug” to be fixed with the release of iOS 4.1.

The complaint also argues that Apple knew installation of iOS 4 on iPhone 3G units would degrade performance, and accuses Apple of releasing it for those handsets purposely to create an incentive for customers to upgrade to the iPhone 4. “Apple has falsely, intentionally and repeatedly represented to owners and consumers of the iPhone 3G that its new operating system for the device, iOS4, was of a nature, quality, and a significant upgrade for the functionality of all iPhone devices, when in fact, the installation and use of the iOS4 on iPhone 3G resulted in the opposite — a device with little more use than that of a paperweight,” the complaint argues. Wofford’s suit seeks damages and will require approval from a judge before class action status is granted.

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Is this an at&t problem or an apple problem?  I ask because I am very patiently on a 30 day wait before I can upgrade to the iPhone4 since my BlackBerry Bold is practically a paperweight since the latest upgrade to OS 5.0.  It has to be rebooted (or battery pulled) 6-8 times a day) on days it is not being used much.

Posted by vlh on November 4, 2010 at 10:12 AM (CDT)


It’s an Apple problem. It’s their OS (iOS 4) causing performance issues on older 3G models. Those issues have to do with the usability of the device (running apps, etc.), not with reception or 3G data speeds. Regardless, this doesn’t affect the iPhone 4, so go ahead and upgrade.

Back to the story - I’m sure this class action suit won’t go anywhere (they rarely do). But I do have to agree with Ms. Wofford. It sounds like Apple didn’t fully test iOS4’s compatibility with the iPhone 3G, and thus should not have offered the upgrade.

Posted by Farnsworth on November 4, 2010 at 10:52 AM (CDT)


And not just the iPhone 3GS. My 2nd gen iPod Touch gained very little from 4.x, and is much slower with a significantly degraded battery life.

Posted by Scott on November 4, 2010 at 11:33 AM (CDT)


My iPod Touch 2nd gen went from going for days on a charge to seeing a red-bar in the morning after a full charge before I went to bed the night before. I contacted David Pogue of the New York Times, who got me in touch with someone from corporate executive support at Apple. Through that support rep, we did a detailed log analysis of my battery use, and the Apple engineers suspected the problem had to do with the firmware on my router.

When I updated the firmware on my router, all my battery issues went away, and I’m back to being able to keep the charge for many days again.

I would consider this a bug; this should NOT happen when you upgrade the iOS. But it IS a workaround, and one I would recommend everybody at least try.

It’s quite possible that incompatibility with the router is what causes excess network usage.

Posted by Lani T. on November 4, 2010 at 12:34 PM (CDT)


This is interesting news indeed for anyone who has been following the discussion about iPod Touch and the upgrade to the 4.1 iOS, the last page of which is here:  discussions dot apple dot com slash thread dot jspa?messageID=12532231#12532231

There are 90 pages of messages about this problem and the Touch and apparently Apple claims there is no problem. Well, I can tell you that there is a problem. Since I upgraded the iOS, the only way to save my battery from discharging in about 12 hours is to turn on Airplane Mode when I don’t need wireless to be on. The router idea seems to work for a few posters, not me.

Look forward to reading more here, both from commenters and from Mr. Starrett.  Thank you!

Posted by P. Kealy on November 4, 2010 at 1:16 PM (CDT)


I have the touch, 3g, 3gs and the iphone 4 and did not experience any problems with any of my devices, that I upgraded to ios4 or 4.1. Now of course I am not on AT&T’s network since I live and work in Poland.

Posted by doc on November 4, 2010 at 1:48 PM (CDT)


I totally agree, this was very suspicious in timing…

Let’s brick the 3G so that the people most likely to upgrade (3G users), feel they have to buy a 4G iPhone in order to restore the functionality they were used to with their 3G before the firmware update.

Posted by kevin on November 4, 2010 at 4:41 PM (CDT)


i upgraded to OS4, tried it out on my 3G, and felt forced to downgrade back to 3.1.3 just to allow my phone any chance at running apps. OS4 really slowed my performance, and if I didn’t know how to downgrade, I would have felt helpless.

Posted by curtis s on November 4, 2010 at 7:58 PM (CDT)


>I contacted David Pogue of the New York Times, who got me in touch with someone from corporate executive support at Apple. Through that support rep, we did a detailed log analysis of my battery use, and the Apple engineers suspected the problem had to do with the firmware on my router.

One has absolutely nothing to do with the other. If your iPod was fine before upgrading to IOS 4.x then it should be obvious where the problem lies. A quick Google of ‘ipod battery router firmware’ yields similar suggestions from Apple ‘corporate or executive’ support so IMO it’s pure BS.

Posted by EliteKiller on November 4, 2010 at 8:59 PM (CDT)


Seems Apple could make this go away easily enough by allowing 3G owners to revert back to OS 3.1.3 instead of them having to search the web for third party software.

I tried 4.0.2. It slowed things down something terrible. 4.1 update didn’t fix these issues for me. As much as I like folders and unified-inbox, the performance lag isn’t worth it.

In Apple’s defense, they’re sort of between a rock and a hard place on this one. Had they initially locked out both the original iPhone AND the iPhone 3G from OS4, they would have caught hell for that too.

Posted by Paul on November 5, 2010 at 5:45 AM (CDT)

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