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Apple agrees to $53 million settlement in iPhone and iPod Touch warranty class action
Wired is reporting that Apple has agreed to a $53 million settlement in a class-action suit focusing on Apple's warranty practices regarding water damage in older iOS devices. The settlement agreement, which was leaked to Wired, has already been signed off on by Apple chief litigation counsel Noreen Krall and now awaits the official signatures of the remaining parties. The lawsuit alleges that Apple improperly refused to honor warranty agreements for iPhones and iPod Touch devices which were seemingly damaged by water. As a quick primer, iPhone and iPod Touch models come with Liquid Contact Indicators (LCI) which change color from white to pink or red when they comes into contact with water. Apple's warranty coverage, however, doesn't extent to water damage. As such, when an affected customer would bring in a damaged device with a red LCI, Apple refused to honor the warranty agreement by refusing to repair or replace it. The problem with Apple's bright line rule, however, is that the the LCI was prone to change colors when exposed to humidity. Though Apple on its own website explains than an LCI is designed not to be triggered by changes in humidity and temperature, 3M, who makes the tape, said that such factors can sometimes cause the LCI to change color. The devices encompassed in the lawsuit include the original iPhone, the iPhone 3G, the iPhone 3GS and the first three generations of the iPod touch. The ballpark estimate for payouts is about $200 per claim, but that figure could either rise or decline depending on how many affected users actually submit a claim. The type of device affected will also influence the extent of individual payouts. The reason the last iPhone model included in the suit is the iPhone 3GS is because Apple in 2010 began requiring employees to look for other signs of water damage when a user brought in a device with a red LCI. Whereas employees under the previous protocol would void the warranty of an affected device out of hand, court documents posted by Wired indicate that Apple's liquid-damage policies for the iPhone and iPod touch were made less stringent in December 2009 and June 2010 respectively. As part of the settlement agreement, Apple also agreed to set up a website where users can learn about the case and access all documents needed to either submit a claim via the web or by printing out a mailable form. Interestingly, the agreement requires that Apple make a published notice alerting the public to the settlement agreement in both the USA Today and Macworld magazine. Naturally, Apple notes that it enters into the settlement agreement "without in any way acknowledging any fault, liability or wrongdoing of any kind."
Apple ad man Ken Segall takes issue with Apple's iPhone naming scheme
While serving as the creative lead of TBWA/Chiat Day, Ken Segall oversaw the creative direction of Apple's marketing efforts. Credited as the man who put the 'i' in iMac, Segall worked very closely with Steve Jobs and helped oversee a number of memorable Apple ad campaigns, including the award-winning Think Different campaign. Suffice it to say, when Segall has something to say about Apple's advertising efforts, it's typically worth paying attention to. In a blogpost published last week, Segall opines on Apple's current iPhone naming scheme and let's just say he thinks Apple is shooting itself in the foot. The press has already dubbed this year's model "iPhone 5S." Most experts see a narrative in which Apple only produces a major upgrade every other year, and in between we get the "S" model. ... More important, tacking an S onto the existing model number sends a rather weak message. It says that this is our "off-year" product, with only modest improvements. If holding off on the big number change achieved some great result, I might think otherwise. But look what happened with iPhone 5. Segall goes on to note that the iPhone 5, despite delivering a host of improvements in both software and hardware, was still criticized as being an incremental upgrade. So instead, Segall suggests that Apple should just name each successive iPhone release with a new number and let the chips fall where they may. Let the consumer decide, Segall argues, the extent to which each new iPhone improves upon its predecessor. It's an intriguing proposition which raises an interesting issue -- do people generally view "S" upgrades as middle-of-the-road improvements? I myself have heard a few people mention plans to forgo an "S" upgrade and hold out for the next big number release. The underlying assumption is that "S" model iPhones offer less value than iPhone models that forgo the "S" moniker. "I think it's safe to say," Segall writes, "that if you're looking for a new car, you're looking for a 2013 model - not a 2012S. What's important is that you get the latest and greatest." If we look back at Apple's iPhone models, it does seem that the biggest enhancements have come in the form of numbered upgrades such as the iPhone 4 and iPhone 5. And, of course, let's not forget about the iPhone 3G which is often overlooked in the pantheon of iPhone models. While it may seem like eons ago, the iPhone 3G rescued us from a world of Edge and an iPhone without GPS. In any event, the broader question remains: Is there merit to Segall's assertion that "slapping the "S" onto different models" has the unintended consequence of implying "that this model isn't worth an upgrade"? While I'm inclined to agree with Segall in an abstract sense, iPhone sales figures paint a different picture. During this summer's Apple / Samsung trial, Phil Schiller noted that each iPhone release has sold more units than all previous models combined. So while we're a few months away from what will likely be the iPhone 5S, there's no getting around the fact that both the iPhone 3GS and iPhone 4S sold like hotcakes. That said, there's no question that the "S" naming scheme may psychologically affect how consumers view a new iPhone model, but it's hard to argue that it has affected iPhone sales in a tangible way. As a final point of interest, you might remember that the "S" in the iPhone 3GS stood for "speed." What's not as widely known, however, is that the "S" in the iPhone 4S stood for "Siri." Tim Cook admitted as much during a 2012 interview with Kara Swisher and Walt Mossberg.
Still using an iPhone 3G after four years
Instead of succumbing to iPhone fever every time Apple announces a new version of the device, freelance journalist Robert Falck is still using an iPhone 3G. That's right; not the 3GS, 4, 4S or 5 -- an iPhone 3G, which was first introduced to the world in July 2008. Falck got his in January 2009, and he's still using it every day. Falck loves the curved plastic back of the phone, commenting that "The aesthetics of the newer iPhone models might be nicer in comparison, but when it comes to actually holding and using the device it's hard to beat the older, smoothly rounded design of the iPhone 3G and 3GS." He finds the slow speed of the device to be a blessing, "I love to write on the iPhone 3G because it forces me to write slower and I have to choose my words with greater care, similarly to how a lot of people prefer to write with pen and paper," he said. Yet that same "feature" is also its biggest annoyance; "This forced limitation greatly annoys me when I really need to get an idea, a paragraph or other fragment of text out of my head fast." Although there's a lack of apps that will run on the device, Falck is happy with what he can do, which includes IP telephony, email and even watching videos. As he notes, "It's still the closest thing to a PADD from Star Trek that I have, and every day I feel like I'm living a little bit in the future. Four years, and counting." Are any TUAW readers still using an original iPhone or iPhone 3G? Let us know about your experiences in the comments. [via The Loop]
Decoding Apple's naming rules
Apple's naming style for its products may seem silly at times -- the iPhone 5, for example, if it is even called that, will actually only be the second iPhone granted a numerical moniker, after the iPhone 4. Now there's actually a way to put a real, concrete formula on Apple's naming schemes, and blogger Marko Savic has figured it out. Essentially, Apple names its products around three different ideas: Premium vs Regular differentiation, Form Factor naming, and Generational naming. Premium vs Regular differentiation is probably best seen in the MacBook/MacBook Pro names -- Apple's got two similar products for different audiences, and it uses those names to show consumers which one is which. The Mac and the Power Mac (or Mac Pro) is another example. Second, form factor is another big element in Apple's naming conventions -- this is how it delineates the various products in the iPod or iMac line. And then there's generational naming, which has been most confusing so far: The iPhone 3G meant that consumers started expecting the "numbers" to get bigger, which leads us to next week's expected iPhone 5 announcement. Savic suggests that with a brand new product like the rumored iPad mini, Apple will simply just add yet another marker to the existing brand, signifying that this is a completely new product, and spreading the line out. I think, however, that regardless of any "rules" in naming, Apple will just do what it has always done: Pick a name that consumers will most identify with (not to mention desire). No matter the reasons behind Apple's naming schemes, the company always seems to land on something that clearly shows where the product exists in Apple's lineup, and it will no doubt continue to keep trying to pick names along those lines going forward.
iOS developer toolchain will bid farewell to the iPhone 3G
Cocoanetics has noticed something that's become apparent to most iOS developers already: with the advent of iOS 6 in a few weeks, Apple is essentially phasing out support for iOS on the iPhone 3G. Apple is slowly deprecating frameworks that iPhone 3G-compatible apps require from Xcode and app libraries, and the upcoming version of Xcode (4.5, currently in development) specifically states that it does not support armv6 devices or anything below iOS 4.3. In other words, both the original iPhone and the iPhone 3G have become extremely difficult for iOS developers to support, and by the time iOS 6 rolls around this fall, there will be essentially no reason for devs to try and make sure their apps and games work on the older hardware. While it may be technically possible to maintain separate codebases for newer and older hardware (by running old versions of Xcode), even the largest developers won't have financial reasons to do so. And the audience likely won't care much anyway. The number of people this affects grows smaller and smaller every day -- most phone contracts last about two years, which means it's been a few generations since the iPhone 3G was released in 2008. And there are a whole lot of new technologies for developers to take advantage of, including iCloud, Automatic Reference Counting, and Storyboard development, that make apps easier and quicker to develop and would never work with the older iPhone models anyway. Apple's never been accused of sticking with a product for too long -- the company has a reputation for moving on to the newer and better as quickly as possible. For developers, the iPhone 3G is essentially being lowered into the ground for good. Of course, that doesn't mean consumers are obligated to dump them; the existing apps they run will still work.
Visualized: The iPhone five years after launch
In case you somehow missed it, today is an important milestone in technology nostalgia: it's the fifth anniversary of the original iPhone's launch. We'll let you explore the memories of that insane day on your own terms, but ComScore has produced a visual breakdown of just how ownership has grown and shifted over the years. It's not hard to see that adoption has been on an accelerating curve, especially after the 2010 launch of the Retina display-toting iPhone 4: as of this past May, about three quarters of owners have either the iPhone 4 or the iPhone 4S. And the 2007 edition? Only two percent of all iPhone owners are still actively holding on to the aluminum-clad debut model, which suggests most would rather have Siri than reminisce. Whether you're a fan or have since moved on to a competitor, the chart is a reminder of just how far one of Steve Jobs' biggest projects has come.
Whited00r lets you install iOS 5 look-alike on old-gen iPhones and iPod Touches
If you're still rockin' an ancient iPhone or iPod Touch and are fed up with friends teasing you at every chance with their new-style multitasking and reminder features, we've got some good news for you. A new software, dubbed Whited00r, will let you install portions of iOS 5 on the first two generations of the iPod Touch, iPhone 3G and even your O.G. iPhone. Whited00r accomplishes this by simply acting as a custom firmware -- à la CyanogenMod 9 on Android handsets. There are, however, a few traits that devs haven't been able to mimic, which include core services like the App Store (though, you can install apps via iTunes on your home machine), Notification Center and iCloud. So, for those of you clinging to your outdated hardware while you wait for the "next big thing," you can at least freshen up its features (at your own risk) with a coat of whitewash at the source below.
Arieso study: iPhone 4S data use is nearly double that of the of iPhone 4
So, first things first. Arieso, the ouftit that conducted this here study, is a company that makes ends meet by "optimizing mobile networks." In other words, there's just a bit of motivation to find results such as these in studies like this. Now that we've got that cleared up, you may be interested in knowing that Apple's iPhone 4S users are consuming around "twice as much data as the previous iPhone model, and even more than iPad tablets due to increasing use of online services like the virtual personal assistant Siri."Of course, this relates only to those sampled, but there's no question that the inclusion of Siri gives users one more reason to tap into their data plan. According to prior studies, the iPhone 4 used only 1.6x more data than the iPhone 3G, while the iPad 2 consumed 2.5x more data than the iPhone 3G. As time marches on, more and more websites are tailoring themselves for mobile use, and there's obviously no stopping the proliferation of data-sucking apps. Whatever the case, we'd just encourage you to mind that data tier (if you're in one) -- wouldn't want to have to ask Siri how to raise money to cover overages, no would you?
PSA: iPhone alarm clock not working again? Time to update
Hey, remember that madcap time last year when iPhone alarms didn't work on January 1st or 2nd? Still having the same issue this year? Well, you might want to think about updating. We're seeing a flood of reports from users whose alarm clocks are not working again this year, but from what we're able to tell that's because the affected users haven't updated their devices past iOS 4.2.1. If that includes you, dear reader, now would be a great time to tether yourself and click your way through whatever iTunes recommends. There's a whole new major version out there waiting for you! That said, if you're still enjoying your iPhone 3G, we're sorry to say 4.2.1 is as high as you can go on the iOS food chain. Maybe 2012 is a good year for a new phone? [Thanks to everyone who sent this in]
Untethered jailbreak now available for pre-A5 iPhones, iPads and Touches
It's just a few weeks since pod2g revealed his untethered jailbreak for iOS 5 and -- boom -- all of a sudden it's up for the DL. The exploit has been incorporated into redsn0w 0.9.10, the Pwnage Tool and Chronic Devteam's Cydia package, and it works on the iPhone 3GS, iPhone 4 (including the CDMA version), iPad 1, iPod Touch 3G and iPod Touch 4G, so long as they've been updated to iOS 5.0.1. Meanwhile, pod2g is reportedly now looking for a way to snap the shackles on A5-based devices too, but hopefully only after he's taken some rest -- a burned-out jailbreaker is no good to anybody. Full instructions are at the source link. [Thanks to everyone who sent this in]
iPhones, iPod Touches still on iOS 3.1.3 can't download new apps directly from the App Store
While fragmentation is a rare(r) problem on iOS there's still quite a few users rocking older versions on their devices. Unfortunately for them, ever since a recent update on the 16th they haven't been able to download any new apps from the App Store straight to their devices. While users of older iPod Touches and iPhones stuck on 3.1.3 by choice or incompatibility with newer OSes can still update the apps they already have and transfer software from iTunes on a computer, they can't buy or install new ones directly from the device. We were able to confirm the issue on one of our own devices, while there's a pretty lengthy thread in Apple's support forum about the issue, but no official response yet. We'll keep you posted if word comes that this is just a glitch or if the company has decided to leave those old versions on the outside looking in. [Thanks, Domo]
Motorola wins injunction against Apple Sales International in German patent dispute (update: Apple appeals)
After issuing a default judgment against Apple last month, Germany's Mannheim Regional Court has now granted a "preliminarily enforceable" injunction against Ireland-based Apple Sales International, on the grounds that its products may violate some of Motorola Mobility's patents. At issue is Motorola's European Patent 1010336 (B1), which covers a "method for performing a countdown function during a mobile-originated transfer for a packet radio system." According to Foss Patents, the court's injunction encompasses the iPhone (3G, 3GS and 4), iPad 3G and iPad2 3G. The ruling also states that Apple can avoid the injunction if it removes the patent-infringing elements from its devices, though it's more likely that Cupertino will appeal to the Karlsruhe Higher Regional Court, in the hopes of obtaining a stay. We've already reached out to Apple for comment, and will update this post as soon as we get more information. Update: And as expected, Apple intends to appeal the ruling which, if enforced, would only apply to future shipments. So grab that existing stock while you can.
Mophie, Best Buy recalls overheating cases
A couple of recall notices went out earlier today for Mophie and Rocketfish battery cases. Mophie is recalling the Juice Pack Air for the fourth-generation iPod touch. Affected models will have the first five digits of the serial number be between TR113 and TR120. Mophie said a small number of those units might overheat, causing the plastic to deform and damage the iPod touch. Those with affected units should stop using them and call (877) 308-4581 or fill out a form through Mophie's site. Best Buy has issued a recall for its Rocketfish mobile battery case model RF-KL12, which appears on the inner surface of the case. These are for the iPhone 3 and 3GS. The U.S. Consumer Product Safety Commission and Health Canada said the case could possibly overheat while charging, causing a fire hazard. There were 14 cases of this happening in the U.S. with three of those incidents causing minor burns and another four causing property damage. Those with affected units should stop using them and contact Best Buy at (800) 917-5737 or visit its recall site. Affected customers are eligible for a Best Buy gift card for $70 in the U.S. or $105 in Canada. [Via Macworld]
iPhone 3G lawsuit over poor iOS 4 performance tossed out of court
In 2010, the iOS 4 update all but crippled the iPhone 3G. A subsequent update fixed most of the issues, but as is inevitable in a persistently litigious culture, California resident Bianca Wofford filed a lawsuit against Apple claiming "Apple knowingly and intentionally released what it called a system software 'upgrade' that, in fact, made hundreds of thousands of [iPhones] 'useless' for their intended purpose." When I examined the law brief, I found it to be utterly without merit and full of tremendous errors in logic. My conclusion: "I hope that whatever judge sees this brief is smart enough to throw it out before it even makes it to court. The suit's claims are all but impossible to prove." A year later, that's exactly what has happened; Judge Anthony J. Battaglia dismissed the case because the claims made don't fall under California's Consumer Legal Remedy Act. Since the iOS 4 software update was offered free of charge, the judge ruled that it qualified as neither a "sale or lease" or "good or service" under the Act. Ms. Wofford's lawsuit sought US$5000 in damages for iPhone 3G owners, free upgrades to the iPhone 3GS or iPhone 4, and $150 in credits for lost services. Since the judge has ruled her case is not covered under the Consumer Legal Remedy Act, none of those damages will be brought against Apple. Wofford has the right to appeal or amend her suit, but the case was so completely lacking in merit that it's unlikely the appeal will move forward. The hardest thing to believe about this case? It's already been a whole year since we first heard about it. Time sure flies. [via AppleInsider]
Siri ported to iPhone 3GS, likes to kick it old school
Still clutching that 3GS in a jealous rage over your iPhone 4 and 4S toting mates who've been hooking up with Siri? Qwell your anger, friends, as iOS 5's favorite sidekick has been successfully ported to a 3GS by the same hacking pros (Steven Troughton-Smith included) that got her going on the 4 and iPod touch. Not only does Siri work on the older model iPhone, but the device also is able to connect to Apple servers. Take look at the video to see the action for yourself as we wait for our 3G to help us find the best waffle in Kansas. [Thanks to everyone who sent this in]
Samsung files French patent complaint against Apple
Samsung and Apple continue to fight a heated legal battle overseas. In the latest skirmish, Samsung filed a patent infringement lawsuit against Apple in France. The complaint claims Apple violates three UMTS patents held by the Korean company. UMTS is a 3G technology used on GSM-based cellular networks. Samsung targets Apple's 3G-capable mobile devices including the iPhone 3G, iPhone 3GS, iPhone 4 and the 3G-capable iPad models. The complaint was filed in Paris District Court and the first hearing is scheduled for December.
Samsung files French patent complaint against Apple, targets iPhone, iPad
Samsung has retaliated against Apple once again -- this time, in France, where the Korean manufacturer has filed a complaint alleging that Cupertino infringed upon a trio of its patents. Originally filed with a Paris district court in July and announced yesterday, the complaint claims that the UMTS technologies featured in the iPhone and 3G-enabled iPads violate three of Samsung's patents. Unlike a previous case in Germany, which recently resulted in a nationwide injunction against the Galaxy Tab 10.1, this filing "focuses on three technology patents, and not on the design of the tablets," as a Samsung spokesperson was quick to point out. Details on the patents in question remain blurry for the moment, but it'll probably be a while before the case progresses anyway, with the first hearing scheduled for December.
Nokia still ahead of Apple in smartphone sales, according to Gartner
Whoa there, Apple, we know you're starting to feel pretty darn good about besting Nokia and Samsung for the title of world's largest smartphone manufacturer, but hold on for just one minute. Gartner has a different idea of how the numbers game really works, and its interpretation makes all the difference in determining who earns the title. Rather than measuring the number of units each manufacturer ships out to the distributors (as IDC, ABI Research and Strategy Analytics do), Gartner gauges its numbers by how many devices were actually sold to end users instead. Thus, Nokia still keeps its title -- for one more quarter, anyways. The firm is confident Espoo won't be the top smartphone contender for much longer, thanks to the company's grim Q3 outlook as it continues to await the transition to Windows Phone. But hey, there's always Q4, right? Right? Check out the full press release after the break.
AT&T to offer standard insurance for iPhone owners starting July 17th
If you have an AT&T iPhone in your possession, there's a good chance you've quickly glanced at available insurance options and noticed they're... well, a tad on the spendy side. Big Blue's only solution requires a $12 monthly asking price -- considering that's before the deductible gets factored in, we just can't imagine it selling like hotcakes. The tides appear to be turning, however; according to AT&T's official site, iPhones will be eligible for Asurion Mobile Insurance plans on July 17th. With these new plans, the monthly cost will plummet to a much more reasonable $5, placing it lower than Verizon's version. We're still awaiting word on the deductible, though other smartphones on the same protection plan require a $125 replacement charge. Here's the drawback: it's only available for the first 30 days after the device is purchased, which means anyone who procured an iPhone before mid-June will want to keep those cases and screen protectors glued on tight. There's also no intimate details on what kind of damage is covered -- good thing these things are so difficult to destroy, eh?
Samsung drops Apple countersuit -- Apple's still got a bone to pick
Back in April, Samsung slapped back at Apple's claims of patent infringement with a healthy helping of ten claims of its own. Now Bloomberg is reporting that Samsung quietly dropped its countersuit against the Cupertino-based company on June 30th, in an attempt "to streamline the legal proceedings." Of course that doesn't mean the saga is over: Apple's smartphone infringement accusations stand, as do legal battles in South Korea, Japan, Germany, and the UK. Samsung says it will also continue to fight Apple's accusations in the US in the form of a counter-claim. One down, one to go?Update: To clarify, this does not mean that Samsung has abandoned its own infringement claims against Apple. Those claims have been rolled into counter-claims in the original suit.
