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Apple Sued Over iPhone Non-Replaceable Batteries

UnknowingFool writes "A customer named Jose Trujillo has filed a class-action lawsuit against Apple over the iPhone batteries. According to the suit, Apple did not disclose that the batteries of the iPhone were not user-replaceable. Also the plaintiff alleges that the battery will need to replaced every year. When a battery needs to be replaced, the customer will be without a phone for several days unless the customer pays $29.95 for a loaner phone service. Lastly, the plaintiff alleges that the battery information was difficult to find on Apple's website."

86 of 574 comments (clear)

  1. Stupidest lawsuit ever by daveschroeder · · Score: 5, Informative

    But let's not even talk about that. Let's not even talk about the horrid spelling, grammar, and general rambling idiocy of the lawsuit. Let's not even consider that these questions have been asked and answered[1] for years with the iPod. Let's actually focus on the actual issues at hand.

    The iPhone doesn't have a user-replaceable battery, but it is replaceable. This is the same as all iPods for the last several years. And no, the iPhone isn't the first of these devices to have a battery that is soldered. Various iPod models have already had soldered batteries. Also, the battery replacement information was available the day the iPhone shipped. So, nothing new here.

    As to the "difficulty" of finding the information on Apple's site:

    Main iPhone support page -> Battery Service: FAQ and iPhone Service: FAQ

    and

    Apple Batteries -> Apple iPhone Batteries

    Wow. Difficult.

    Additionally, asking any Apple retail store, customer service representative, dealer, authorized service provider, etc., will yield a direct and immediate answer about battery replacement.

    It's also utterly and ridiculously false to say that a new battery is required every year. All lithium ion batteries have about the same lifetime. The iPhone's lithium ion battery is no different. Most people will not need, or feel they need, to replace the battery in the lifetime of the phone (i.e., while they own and are using it). The "400 charges" thing isn't any 400 charges; partial charges are just that: partial. This lithium ion battery is no different from any other.

    Also, the battery is covered by the warranty, and if you choose to extend the warranty to two years with the $69 AppleCare Protection Plan for iPhone, the battery is covered under that as well. There are even already third party replacement options. As with iPod, more are sure to come.

    The customer also doesn't have to be without a phone for several days, and claiming that they do because there is a fee for a loaner is ridiculous. Just pretend that the battery replacement costs $29 more, then. You are not without a phone at all: you swap SIMs, sync once with iTunes, and it will literally look, act, feel, and behave like your phone, with your phone number and all of your data. Seeing how Apple has done such programs in the past, the loaner phone will probably be a new service phone or a factory-refurbished phone in a brand new enclosure (so it looks physically brand new). The total price is almost the same as the official iPod battery replacement plan was for years. If you choose to not have a phone in the meantime, that's your choice.

    A recent New York Times article by Joe Nocera sums it up best:

    I'm convinced the answer is that the chief executive, Steven P. Jobs, and Apple's design chief, Jonathan Ive, are design snobs, who care more about form than function. Larry Keeley, the president of the design firm Doblin Inc., wrote me an e-mail message after he'd seen the innards of the iPhone, which several Web sites have now published. The battery, he told me, lacks the normal metal jacket, making it ''thinner and lighter, while also making it more difficult for consumers to handle or dispose of.'' He added: ''This is clear evidence that they are optimizing the INSIDES of the phone to the OUTSIDE form factor that they have designed. It is far more common and much cheaper to design the oth

    1. Re:Stupidest lawsuit ever by bestinshow · · Score: 5, Insightful

      I thought it was a Li-Poly battery?

      Regardless, 400 full discharge-recharge cycles to get to 80% capacity will extend beyond 2 years for the vast majority of people. If your phone is that important that you use it all the time and hit that sooner then you'll have AppleCare anyway (if the battery drops to 50% capacity), or dropping $120 won't phase you a bit.

      Clearly Apple think that the battery will remain over 50% for the vast majority of users for two years, otherwise they wouldn't offer AppleCare for that long.

      I don't know about the capacity/time graph for Li-Poly batteries - it could be that it takes 400 cycles to get to 80%, then another 100 to get to 20% rather than a more gradual thing, anyone know?

    2. Re:Stupidest lawsuit ever by NetDanzr · · Score: 5, Insightful
      You are absolutely right that the lawsuit has no basis, and that Apple has informed sufficiently about the batteries. However, I don't think your first argument is valid:

      Let's not even consider that these questions have been asked and answered[1] for years with the iPod.

      Believe it or not, but there still are a few of us who had no idea that this was the case with the iPod, as we're not interested in the device. In addition, arguing that because one product doesn't have easily replaceable batteries another product wouldn't have them either is not entirely logical.

      Personally, I'd be more concerned about the reports I've heard that iTunes is required for activating the cell phone. Apple's Web site doesn't state that iTunes is required (at least I couldn't find the information); it merely suggests to use iTunes for the phone activation. As a Linux user I'd be screwed if iTunes was indeed required, and I wouldn't be told before purchasing the Apple phone.

    3. Re:Stupidest lawsuit ever by Altus · · Score: 4, Insightful


      yea... you can be held responsible for a decision like this.

      The choice to make a part non user serviceable is never going to cost anyone their PE. For fucks sake what the hell is wrong with you people. Are you so excited to shit on some new gadget that you have to make shit up like this?

      The thing that is supposed to hold you responsible is the free market. Not some fucking lawsuit. Apple has made no attempt to hide the fact that the battery is not user serviceable. If apple had somehow hidden that fact they would be guilty of false advertising but its seems pretty clear from the grandparent post that they did not make any attempt to hide this fact.

      If a non user servicable battery makes the iPhone useless to you, DON'T BUY IT. If most people agree with you then the product will be a failure and maybe the next iPhone will have a user serviceable battery. I dont see any evidence here that apple has marketed this phone falsely or claimed it can do something it cant. Unless they have then a lawsuit is totally out of line.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    4. Re:Stupidest lawsuit ever by Jekler · · Score: 5, Insightful

      "Let's not even consider that these questions have been asked and answered[1] for years with the iPod."

      Yes, let us not consider it because we have no reason to assume the plaintiff has been following the iPod issues for years.

      "The iPhone doesn't have a user-replaceable battery, but it is replaceable. This is the same as all iPods for the last several years."

      Again, we have no reason to assume the plaintiff has been following the iPod issues for years. Replaceable but not user-replaceable isn't acceptable to many people, including myself. Why should the plaintiff be expected to be knowledgeable about Apple technology? If he's looking for a cell phone and he buys one that seems to be the best of the bunch, expecting it to have a user-replaceable battery like virtually every other cell phone doesn't seem like an outrageous expectation. If your cell phone is your primary means of communication, having to take it in for service to get the battery replaced can be unacceptable, putting you out of contact for days while you wait for service to be completed.

      "It's also utterly and ridiculously false to say that a new battery is required every year."

      Lithium-Ion batteries, especially under heavy use and recharge cycles, have their performance severely degrade after a year.

      "As to the "difficulty" of finding the information on Apple's site"

      "Additionally, asking any Apple retail store, customer service representative, dealer, authorized service provider, etc., will yield a direct and immediate answer about battery replacement."

      Yes, the answer is easy to find once you realize what the problem is. Before you know there's a problem, it's not immediately obvious. The same goes for asking a rep. It's a very specific question. You're obviously an iPod fan, you seem to think of it as an iPod+, but consider that it's being marketed at people who think it's a fancy cell phone, people who may not know about Apple's engineering and decision making processes.

      "Just pretend that the battery replacement costs $29 more"

      Why should someone have to pay $29 extra for a new battery? Why would you even consider that an acceptable additional cost?

      "The funniest thing of all is that most iPhone owners won't ever even want or need to replace their batteries. They'll have the same slow degradation everyone experiences with lithium ion batteries over time, and before they'd even care or consider replacing it even if it was user-replaceable, they'll be on their next phone."

      That's more of a "Generation Y" mentality. Some of us older folk don't run out to get the latest greatest model of everything. Some of us make periodic upgrades when there's truly a major breakthrough, but largely don't change devices until there's a pressing need.

    5. Re:Stupidest lawsuit ever by nevali · · Score: 3, Interesting

      Apple say, on their battery page, that the battery will hold 80% of its original charge after 400 full charge cycles.

      Now, in absolute fairness, you'd be doing bloody well to use more than one full charge cycle per day for a year, and even if you did the battery still wouldn't need replacing.

      The only people this will affect are people buying second-hand iPhones, which isn't this guy.

    6. Re:Stupidest lawsuit ever by Altus · · Score: 4, Insightful


      so apple has to advertise that the battery is not user replaceable.

      Why doesn't blackberry packaging have to inform you that its web browser isn't fully compatible with modern web applications? I mean, I expect the web to work the way it does in firefox. Since my shinny new blackberry tells me a I can surf the web on it shouldn't it work the same way?

      Verizon cripples the Bluetooth on all its phones so you can only use them with earpieces and not to transfer files. Why don't they have to have a warning label on every phone they sell?

      I don't buy the idea that apple has to shout all of the limitations of its products from the rooftops but other companies don't have to.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

    7. Re:Stupidest lawsuit ever by LWATCDR · · Score: 5, Insightful

      1. I don't like that the user can not replace the battery in the IPhone.
      2. I am not all that happy with the price of the IPhone.
      3. I am not happy with the limited choice of carriers for the IPhone.
      4. I am not happy with the lack of an SDK for the IPhone.
      The solution?
      I don't own an IPhone.

      Last time I checked I did not have a God or Government given right to own exactly the IPhone I want.

      Good freaking grief.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    8. Re:Stupidest lawsuit ever by Doctor_Jest · · Score: 2, Informative

      Just as an FYI, the Samsung Upstage does not have a user-replaceable battery... and nowhere on Sprint or Samsung's site (that I've seen) lists that as a "feature" either. It's not on the "sheet" you see next to the phone (I know, I've looked) and it's not on the box it comes in. It seems that you don't need to love the iPod to ask a simple question. Samsung and Apple must be in cahoots! :)

      Yet people buy it (and the iPhone)... The only way you know it's not replaceable is to read the FAQ in the manual (at the back of the manual).. unless you know someone who has one, or you ask the clerk "is it user-replaceable?" 5 milliseconds of work. If the person didn't do that, and now is filing a lawsuit, he is advertising his stupidity. Is it a valid business decision to make non-user-replaceable batteries? I don't know... my phone's got a user-replaceable battery, so I couldn't care less. If it's not acceptable... don't buy it. Simple as that.

      And I replaced my 2nd Gen iPod battery already. Didn't pay $29 for it or the "service" to have it done.. but some people can't manage that... so having Apple do it might be a good thing... or they'll have tons of borked iPhones on their hands.

      --
      It's the Stay-Puft Marshmallow Man.
    9. Re:Stupidest lawsuit ever by Threni · · Score: 3, Interesting

      > Just as an FYI, the Samsung Upstage does not have a user-replaceable battery...

      I've never heard of a "Samsung Upstage" but I imagine that you must have looked pretty hard (or been unlucky) to have discovered another phone with a soldered-in battery. I've never heard of it in over 12 years of owning and reading about mobile phones.

      > The only way you know it's not replaceable is to read the FAQ in the manual (at the back of the manual).. unless you know someone who has one, or
      > you ask the clerk "is it user-replaceable?" 5 milliseconds of work.

      Why would someone think to ask, though? It's like asking your PC retailer if your mouse is physically connected to the motherboard of your PC or something. "Ah - you didn't ask!"

    10. Re:Stupidest lawsuit ever by Hatta · · Score: 2, Interesting

      Additionally, asking any Apple retail store, customer service representative, dealer, authorized service provider, etc., will yield a direct and immediate answer about battery replacement.

      You have to know enough to ask. Any reasonable person will assume that a portable electronic device will have replaceable batteries. I've never bought one that didn't. If I did by accident, I'd return it as defective. If they didn't take it, then yeah a lawsuit is pretty reasonable. Apple may have had a good technical reason for doing this, but they're still negligent for not warning people that these devices are crippled.

      What the hell is a person supposed to do when they're in the bush for a few days and they can't swap out their old battery with a charged one?

      --
      Give me Classic Slashdot or give me death!
    11. Re:Stupidest lawsuit ever by daveschroeder · · Score: 2, Informative

      So you believe that if a large corporation wanted to buy 10,000 iPhones, Apple would turn them down?

      That "large corporation" would know damned well exactly what the iPhone does, doesn't, can, and can't do before buying 10,000 of them.

      The point is that people seem to think that Apple is inappropriately targeting or marketing this at enterprise/corporate markets, only to have people disappointed that it's not a drop-in replacement in every respect for a Blackberry, Treo, or Windows Mobile smartphone. The point is that Apple is not only NOT targeting those markets at all, it doesn't promote the iPhone as an enterprise/corporate device or smartphone, and clearly positions it, from marketing, sales, and support perspectives as a consumer device.

      And actually, yes, they would "turn them down", right now anyway. There is no way to currently get an iPhone as anything but an individual from Apple, and on anything but individual, personal AT&T accounts. They are NOT selling to education, government, business, or corporate customers. Now, if some customer said, hey, we want 10,000 iPhones (like Apple itself, for example), that customer would probably also be very aware of the iPhones capabilities, and would plan infrastructure and support accordingly, and Apple and AT&T would probably work with them.

      But that wasn't at all the point to which I was speaking in my previous post.

    12. Re:Stupidest lawsuit ever by Hatta · · Score: 3, Insightful

      1. I don't like that the user can not replace the battery in the IPhone. ...
      The solution?
      I don't own an IPhone.


      Good thing you knew about that before you went to buy one, right?

      Last time I checked I did not have a God or Government given right to own exactly the IPhone I want.

      No, but you do have a right to be treated fairly and at least warned before being sold a crippled device.

      --
      Give me Classic Slashdot or give me death!
    13. Re:Stupidest lawsuit ever by Hatta · · Score: 2, Insightful

      But what happens when they assume the iphone has this functionality? Since you know, every other portable electronic device on the face of the earth does. It's not an unreasonable assumption to make and apple is negligent for not warning people on the box.

      --
      Give me Classic Slashdot or give me death!
    14. Re:Stupidest lawsuit ever by tlhIngan · · Score: 2, Informative

      I've never heard of a "Samsung Upstage" but I imagine that you must have looked pretty hard (or been unlucky) to have discovered another phone with a soldered-in battery. I've never heard of it in over 12 years of owning and reading about mobile phones.


      Well, it's not a 12 year old phone. It's at most a few months old (released April). It's sold by Sprint, and you've probably seen it (though you've probably not heard its name) if you're in the US. It's the phone where one side is a phone with the keypad and everything, and if you flip it over, the other side is an MP3 player with MP3 player controls. (And if you're outside of North America, well, we don't get all the nice phones you guys do, but I'm sure your "reading about mobile phones" should include what models we get, since we may have a phone that's identical to a 3 year old phone you've had, with a different model number).

      A quick google will find you more information. Here's nice pictures from Engadget - http://www.engadget.com/2007/03/26/sprint-announce s-samsung-upstage-99-cent-songs-over-the-air/

      For us Canada folk, Telus sells 'em, and I suspect Bell will too. It's a CDMA phone.
    15. Re:Stupidest lawsuit ever by presearch · · Score: 2, Funny

      It's a good thing that you missed the switch to touch-tone phones and unleaded gas.
      It would have done you in.

      * fear change!!! *

    16. Re:Stupidest lawsuit ever by 3263827 · · Score: 2, Insightful

      You're a perfect example of why our current trend in infantilizing our youth is going to be the death of Western Civilization. You need a carebear world where no one ever offends you, where everything works the way "you think it should," where everything needs a warning label on the box otherwise the manufacturer is "negligent." GET A GRIP. Every "unreasonable assumption" you've made in this entire thread is just a sign of this.

      And to all the folks who will cry out "ad hominem" about my post, think about it for a second.

    17. Re:Stupidest lawsuit ever by tlh1005 · · Score: 2, Insightful

      Well most people who use cell phones "know" the batteries are replaceable. Those who use PDAs and Smart Phone "know" the user experience is not exactly the same as using a Lap/Desktop. I'm not a lawyer so I cannot say if Apple HAS to make it very clear about the battery, but they most certainly SHOULD have. What often seems to make a difference in situations like this is when the world finds out someone within the company said, "We have to do this" and those running the show choose to ignore that in order to make more profit at the expense of what is fair to the customer. One question would be did Apple know that many customers would assume the battery was replaceable and purposely minimize the notification of this in order to minimize the impact on sales. I didn't sweat the iPhone enough to part with the half grand or switch to the unappealing AT&T network. I figured I'd wait and if it got even more features, a public SDK, or more carriers (Verizon) I'd take the plunge. Things like this battery fiasco were a setback to that. By the time the iPhone gets to the point I want it, they'll be giving it away with a 2 year contract.

    18. Re:Stupidest lawsuit ever by InvalidError · · Score: 3, Informative

      With lithium batteries, it is charge depth that makes the largest difference: they last longest when they are not allowed to drop much below 70-80%. Actually, this is true for most rechargeable battery technologies. Overcharging (deficient charger designs) is the other major cause of premature failures - my cheap GE cordless phone pretty much killed its OEM NiCd batteries within a year.

      If my laptop's battery is any indication of typical li-ion batteries, deep-cycling hurts them really bad - I deep-cycled my laptop's battery many more times than I ever meant to due to the power brick's plug slipping out of the laptop's socket on its own and the charge circuit being inhibited unless the plug is fully inserted. After about a year, I was already down to around 70% battery life even though I used my laptop plugged-in (as far as I knew) 99% of the time.

      At the other end of the spectrum, my current cell phone (four years old Nokia 7190) also has a li-ion battery. I plug it in overnight whenever possible and the battery still holds a very decent charge: the phone still indicates a full battery after 3-4 days of (unplugged) standby, seems as good as new.

    19. Re:Stupidest lawsuit ever by 3263827 · · Score: 2, Insightful

      Fraud. The fact that you think this is fraud just goes to show the futility of infantilization. FYI fraud is a specific legal term that implies far more intent even your limited, Perry Mason knowledgebase shows. And to think when I grew up the "me generation" was the bane of the world. Little did we know that the future generations would expect even more potty-training.

    20. Re:Stupidest lawsuit ever by Remusti · · Score: 2, Insightful

      Very nice. However, do you really think that people should expect a computer to be required to use a phone? Really? Slashdot readers would most likely find any and all information on anything new before throwing dollars at useless tech, however ordinary people just want something that acts like a phone.

    21. Re:Stupidest lawsuit ever by asylumx · · Score: 2, Insightful

      Yes, let us not consider it because we have no reason to assume the plaintiff has been following the iPod issues for years.
      Oh, but I believe we do. You see, the iPhone has been out for about a month. Nobody's battery has died due to normal usage yet. Therefore, the plaintiff must be basing his argument on a past example -- the only one known is the iPod. It certainly can't be proven that the battery will die once per year, by the way.

      I'd also like to point out that if not having a user servicable battery is grounds for a lawsuit, shouldn't every auto manufacturer be sued for making changing a headlight a non-serviceable function? Honestly, a battery change is far more dangerous than a headlight change, since batteries have shown a tendancy to start fires or even explode when not handled properly.

      This really is a retarded lawsuit. Quit trying to dress it up, we all know Mr. Plaintiff is just trying to make a buck. These are the same kinds of people that sue McDonalds for making them fat.
    22. Re:Stupidest lawsuit ever by Doctor_Jest · · Score: 2, Insightful

      The point of the Upstage is that I _didn't_ have to look hard to find another phone with a non-user replaceable battery. That's not the only one.

      Let me ask you this.. would you buy a car without first knowing some basics about it? What makes someone not ask if it's now "electronic"? It's a device, just like a car... if you don't ask, they're not going to tell you everything.... they assume you either already know or don't care. The user manual is available, as is the spec sheet. If you don't see it listed... (like what octane works best with this car?) you have to _ask_. Not asking is not grounds for anything but being stupid, as a customer and a shopper.

      Same with the iPhone. If you didn't ask, that meant you didn't care to know, or you already knew.. Steve Jobs and Co. are many things, but mindreaders are not among them...

      Apple not mentioning in the sales pitch "yeah, you can't replace the battery yourself" is not criminal, negligent, or worthy of a lawsuit.

      Consider this little gem from IBM Thinkpads (the last time I got one).

      Most all thinkpads have user-replaceable hard drives... a flap underneath the laptop to move the drive out and put a new one in... no big deal. The i1460 was also a Thinkpad... it had the word "Thinkpad" on it, made by IBM, and was advertised as such.

      Now, the little catch was, the i1460's drive was NOT user-serviceable. Meaning, you possibly could void your warranty taking the computer apart to get to the HDD. Was it listed in the brochure? Not in the spec-sheet I saw at the store. It wasn't even mentioned by the salesman. Know how I found out? I researched the brand to find the one I wanted... decided the 1460 wasn't my cup of tea and when pitched (as it was on sale), I told the sales clerk... "I need a user-replaceable HDD" and that was that.

      Say I didn't ask, and ASS-umed it was like all the other Thinkpads w/r/t HDD replacement. I get home unpack and gleefully see how to replace the HDD, but there's no SLOT! Does that grant me the right to sue? I can try... but it'll be just like the iPhone... the info wasn't hidden, it just wasn't put in bold print above the item's name.

      Same idea, different product... it's _NOT_ too much to ask people to do a little research before plunking down $500 for a phone. (or in my case $2000 for a laptop.)

      --
      It's the Stay-Puft Marshmallow Man.
    23. Re:Stupidest lawsuit ever by pthor1231 · · Score: 2, Informative
      I did some digging cause I was curious, and its a bit outdated (if what I found was the most recent one). Looks like it has already been settled, and it was only for owners of Motorola V710, and from what I could tell they only got a 15 dollar credit. Some links for digestion:

      http://www.eweek.com/article2/0,1759,1751567,00.as p
      http://www.engadget.com/2005/03/01/class-action-la wsuit-against-verizon-over-bluetooth-on-the/
      http://www.kirtlandpackard.com/v710/

    24. Re:Stupidest lawsuit ever by AncientPC · · Score: 2, Informative

      Lithium-ion batteries (and all lithium-based batteries) will degrade 20% in storage capacity from the manufacturing date when stored at 77F regardless of use (1). Different storage temperatures result in different storage capacity degradation. Charging or discharging will not reduce the storage capacity unless it significantly raises the battery temperature, i.e. quick chargers.

      I have searched everywhere to find manufacturing dates for my laptop batteries, but everyone seems reluctant to list that information. Lithium-based batteries really need a "born on" date.

      1

  2. Oh, FFS... by R2.0 · · Score: 4, Insightful

    1) Did anyone NOT know the batteries weren't replaceable?
    2) If he didn't like it, why didn't he return it for a refund?
    3) Has he actually been harmed yet? One of the parts about civil courts is that there actually need to BE damages, not just potential damages, except for certain circumstances.

    --
    "As God is my witness, I thought turkeys could fly." A. Carlson
    1. Re:Oh, FFS... by goober1473 · · Score: 2, Funny

      I half expected number three to be "profit".

  3. The price you pay for... by PrescriptionWarning · · Score: 5, Insightful

    for early acceptance.

    for not doing your research.

    for not waiting to know if the product is going to fit your lifestyle.

    for being a consumer whore.

    i'm sure after seeing the success of the iphone we'll see plenty of other options, and as time goes newer revisions of the iphone will also get better batteries i'm sure. This is just kind of what you get when you buy into the first version of something so new and groundbreaking. As i recall the first generation or two of the ipod were less than stellar also, but the last few generations have been pretty solid.

  4. seems premature by seanadams.com · · Score: 4, Insightful

    Shouldn't they establish first that the battery _needs_ to be replaced more often, than say, some capacitor on the board? Why not sue over any other part in the product not being socketed or user replaceable?

    The iphone is very thin and seamless. It probably could not accommodate the same aesthetics and size if it had a removable battery. If you want a phone with a removable battery there are lots of big clunky ones to choose from.

  5. Stupid, UNTIL you think about ithe big picture.... by King_TJ · · Score: 3, Interesting

    How many times have you witnessed a company actually fighting back against one of these class-action suits? I'm sure they have, but I can't recall ever reading about it?

    It seems like no matter how lame the lawsuit, companies always settle these (usually in such a way that gives relatively little to the plaintiffs, like a 20% off coupon on a future purchase or something).

    Given the potential for bad publicity that could be generated by the media reporting "Company A, today, fought back against consumers who filed suit over their defective product", it's a good bet they'll cough up some sort of "freebie" for the product owners.

    So yeah, it's an incredibly dumb lawsuit, but there's a GREAT chance it will just mean Apple makes the lawyer involved a lot richer, and throws some small "bone" to everyone who owns the iPhone. Maybe a credit at the Apple store equivalent to the cost of 1 battery replacement or something?

  6. This is crazy. by scifience · · Score: 3, Informative

    Should I sue Oral-B because my electric toothbrush has a non-user-replaceable rechargeable battery? Honda because my hybrid Accord has a whole array of non-user-replaceable batteries?

    Hard to find the info on the battery replacement? Google "iphone battery" and you'll get this... the official Apple site is the second result, and the first one is from CNET talking about the program.

    This is just another person looking to make some money with a frivolous lawsuit.

    1. Re:This is crazy. by slackmaster2000 · · Score: 5, Insightful

      If I bought a toothbrush with a non-replaceable battery, I would not be surprised. It's very common.

      If I bought a cell phone with a non-replaceable battery, I would be surprised. Most people who use cell phones have had to deal with batteries, either because they've needed to replace them or carry extras for emergency. I don't believe that I've ever seen a cell phone without a replaceable battery...I'm not saying they don't exist, but they must be rare. Being able to read about the lack of a replaceable battery on a website after I'd purchased the device without one wouldn't help me much.

      I don't think that this guy has a case if he had a chance to return the iPhone for an iRefund, but iWouldn't be surprised if he couldn't.

  7. God, I hate class-action suit lawyers by jfengel · · Score: 5, Interesting

    I'm beginning to wonder if the class-action lawsuit isn't a worse abuse of the commons than spam is. All they have to do is find one company with a lot of cash and one customer dumb enough to sue them in exchange for the trivial takings the customers always get from these lawsuits. The lawyers always get their fees in cash, and the customers always get coupons.

    I get notified that I'm a party to these about every month of so. Sometimes I even get notified that I've "won" something, like one dollar off my monthly service of Verizon every three months until they've given me $12 (really). Or once, all I got was an apology, along with the satisfaction of knowing that the lawyers got several hundred thousand in fees.

    We need the class action lawsuit; it's an important legal tool. But if you've got a better suggestion, I'd love to hear it.

    How about this: if you're party to a class action lawsuit, and you choose to opt out and give up your right to sue individually, you get to punch the lawyers once. Not real hard, just a little bit. So an intelligent lawsuit gives you a mild bruising. And this lawsuit ends up with brains splattered all over walls.

  8. Class-action lawsuit by Apple shareholders by G4from128k · · Score: 3, Insightful

    IANAL, but perhaps all the shareholders of Apple stock can sue idiots such as this for any possible loss of the price of the stock or expenses of the company (which ever is greater). To the extent that frivolous litigation damages a public company, the shareholders would seem to have just cause for a class-action countersuit.

    --
    Two wrongs don't make a right, but three lefts do.
  9. Two jobs in the US by 2020 by gsfprez · · Score: 4, Insightful

    By 2020, there will only be two jobs left in the US.

    1. Lawyers
    2. IT guys for lawyers.

    just think about which you're going to be, and start preparing.

    --
    guns kill people like spoons make Rosie O'Donnell fat.
    1. Re:Two jobs in the US by 2020 by Cytos · · Score: 5, Insightful

      3. and guys who replace batteries

  10. Standing? by JohnnySonic · · Score: 3, Interesting

    Uh, IANAL, but I don't see how this guy has standing. He is citing future problems he might have with his iPhone that are not imminent, rather, they are conjectural and hypothetical. Buyer's remorse does not make a legal case! (except maybe in America)

    1. Re:Standing? by Anonymous Coward · · Score: 2, Insightful

      All he has to do is prove that the product sold did not meet the expectations that a normal consumer might have of a phone.

      For example:

      What if Ford sold you a car where the wheels were welded onto the axles, so that you would need to take your car to a Ford dealer whenever your tires needed to be replaced, but did not mention it to you when you bought the car?

      People who buy a car have a reasonable expectation that the wheels are not welded to the axle just like people who buy a phone have a reasonable expectation that the battery is not soldered in the phone. If your product differs substantially from the normal expected operation you must disclose this at the time of sale.

    2. Re:Standing? by bdo19 · · Score: 3, Informative

      But what if it's painfully obvious upon looking at the car in the dealer showroom, prior to purchase, that the wheels were welded to the axles, and you chose to buy it anyhow? And what if, once you got the car home and discovered that the wheels were welded to the axles, you had 14 days to return it for a full refund, but you chose to keep it? And what if, in addition, this particular car was a $150,000 sports car for which there was a performance and styling advantage to having the wheels welded to the axles? If this case doesn't get thrown out of court, and if Apple doesn't countersue for court costs due to a frivolous lawsuit, then I will have lost the last thread of faith I have in our court system. Unless there's more to it than meets the eye.

  11. Pro Se nonsense by alcmaeon · · Score: 3, Insightful

    This guy filed the lawsuit on his own probably because no attorney would take it because it is worthless. Pro Se (i.e. filed without the aid of conusel) class actions don't have a good record of victories.

    Nuts file lawsuits every day. This is hardly news even if it is against Apple.

  12. IANAL but..... by rueger · · Score: 2, Funny

    ... I believe that the technical term for this is F*CKING IDIOT!

    1. Re:IANAL but..... by srmalloy · · Score: 2, Funny

      But that ignores the fundamental question about him.... which, unfortunately, we're not likely to find out: Will He Blend?

  13. Re:boo hoo by tmarthal · · Score: 2, Informative

    or get a loaner phone, which probably doesn't have all your calendar and address book information, that a lot worse.

    Uhh, I had to do a factory reset of my iPhone via iTunes the day after it came out (this is due to my user error, it hardlocked and I could have power+menu button together hard-reset it, but I didn't read the manual!). My contact information, SMS, calendar, Safari Bookmarks, Voicemails(!) all were saved. All were re-loaded onto my iPhone after the software reset and re-activation (which was "This phone is already activated."). [Note: this has to do with how the iphone syncs other program information.]

    The only thing that I lost was my Camera Roll pictures (the ones that were taken with the phone), because I hadn't known at the time how to offload the pictures onto my computer (since fixed). And when I was playing with the picture settings, two (of seven) pictures that I had added to contacts were removed (but that was because I was fiddling with the on computer cached images).

    So, if Apple gave me another loaner phone, I could just plug it into iTunes and have a fully functional replica re-synced phone in 2 minutes.

    Everyone says that the iPhone revolution is all in the software, and it is.
  14. Sue Mercedes-Benz too by athloi · · Score: 2, Insightful

    Replacement hood emblems are really expensive, and it didn't say they would be in the sales pamphlet.

  15. Lionel Hutz by dotmax · · Score: 2, Funny

    In an unrelated development, Attorney Lionel Hutz announced a 3.2 Kajillion lawsuit against Apple, arguing that the company did not adequately disclose the fact that their iPhone communicated via radio waves. He said he would amend his complaint later this week to include a complaint against its unnecesary use of "electricity".

    "I looked all over the Apple website, and not once did they explain that it used "electricity"". .max

  16. When did we get sue happy? by cayenne8 · · Score: 4, Insightful
    Hmm...so someone that is too lazy or whatever, to do basic research before buying a new expensive product, can just bring about a lawsuit over it?

    How hard would it be to ask the salesperson when buying said phone? Once home and the phone was taken out of the packaging, wouldn't you notice there is not place to access the battery? If so, don't you have a certain number of days to return the phone and get your money back if not satisfied with it?

    I mean, there are reasons to sue companies, but, lets get real....suing because YOU did do basic research before buying something, to understand how it would work and function...isn't what is supposed to happen.

    Damn, when did our society decide that the answer to all of lifes problems was through litigation.

    "...old Billy was right, let's kill all the lawyers, let's kill them tonight..."

    --The Eagles.

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    1. Re:When did we get sue happy? by MobileTatsu-NJG · · Score: 4, Insightful

      "How hard would it be to ask the salesperson when buying said phone?"

      Considering that every single phone on the planet has a user-replaceable battery, your expectation that anybody'd even think to look into it is silly.

      "I mean, there are reasons to sue companies, but, lets get real....suing because YOU did do basic research before buying something, to understand how it would work and function...isn't what is supposed to happen."

      Oh right. The same laws that make it difficult for companies (like Microsoft) to screw you are suddenly the cause of all the world's problems because they potentially rock Apple's boat. Face it: Apple could have been more up-front about the battery replacement AND that would have been more beneficial to the consumer. Instead you get to pay $29 for the inconvenience. Good thing I love Apple so I can put them on a pedestal for it.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    2. Re:When did we get sue happy? by MobileTatsu-NJG · · Score: 5, Insightful

      "Well, you know what they say about the word "Assume" don't you?"

      Heh. I hear ya.

      But look, it's not that I'm anti-Apple, here. I just don't care for allowing Apple to do things I know I wouldn't allow Sony or Microsoft to do. The more a company has to say up front about their products, the better it is for consumers. This concept doesn't just magically fly out the window because it's Apple and they've made us happy before. The iPod was neat, but it's no reason to drop your pants and grab your ankles in front of them.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    3. Re:When did we get sue happy? by NeoBeans · · Score: 2, Funny

      The problem is the iPhone is like the only phone in existence right now with a soldered-in battery. Most people aren't going to have it occur to them to check on that until it's a problem. And since that's roughly a year or two away...
      And yet he filed a lawsuit after the product has been out just over a month.... Maybe he's from the future, send here to warn us of iPhone battery failures and SkyNet?
  17. Re:Stupidest -customer- ever by Anonymous Coward · · Score: 2, Insightful

    I sincerely doubt he's a customer, considering he always refers to iPhone customers in the third person. He wasn't defending the iPhone from a business standpoint, just a legal standpoint. Last I heard, it wasn't illegal to make a product with a soldered on battery.

    Get a grip, man.

  18. We could be TAD more objective about this, no? by BobMcD · · Score: 4, Insightful


    Some points, take them for what they are, I don't particularly care today, but still:

    1) The case is supposed to be arguing that it WAS difficult to know that the battery was hard wired. No argument needs be made about the present day, the content of Google's current search engine, etc. I for one had no idea. Several technical publications (including /.) thought the fact was headline worthy - aka 'news'. So trying to say that it is impossible that it was news to a zero-day owner is just f'king goofy.

    2) Both cell phones and laptops are supposed to have batteries that can be replaced by the end user. There is a reason for this. To suggest that the bastard child of a lappy and a phone is immune from those same reasons is just plain dense.

    3) I think the responsibility of proving (to a judge, at least) that this isn't merely another means of vendor lock-in is rests with Apple. They departed from the standard. The 'why' of the matter is crucial. Where are the prototypes that had normal batteries?

    Here's hoping...

  19. Re:Stupid, UNTIL you think about ithe big picture. by apt142 · · Score: 2, Insightful

    Well, Apple's lawyers are already in the budget (on Salary/Retainer/Funded breeding programs). So, for them, it's just a cost of doing business. So this particular case doesn't cost them any more than what they were expecting to have come out of the bottom line anyways.

    The guy is just wasting his time for relatively nothing. He might have been better off writing a scathing letter to customer service instead of hiring a lawyer.

  20. Re:Stupidest -customer- ever by daveschroeder · · Score: 3, Insightful
    So you ranted on and on (forever actually) about how the info was known in advance and can be found on the site.

    No. I devoted two lines to that, in addition to the URLs where the information is located.

    Yeah, that's "forever".

    ...

    Let me ask you: how does the fact that you KNOW the battery is soldered, is making it any better for you, as an iPhone owner, when you'll have to ship it to Apple for a $100 replacement?

    It doesn't make it any better or worse. If I ever do feel I need to replace the battery and don't have another phone already by that point, I'll pay to get it replaced. I fail to see what the big deal is.

    Is it? Does disclosing of intentionally crippled architecture of the device mean we can't be dissatisfied with the serviceability of the phone? Does it mean people are happy with their crippled iPod batteries (judging by the web, no, they aren't).

    It's not intentionally crippled. I know it's fashionable to think that it was done to fleece customers or force people into buying new iPods, when in reality it was done to decrease the size and weight of the phone for a given battery capacity, and give the iPod a sleek, unblemished enclosure, both of which are things that are huge factors in the iPod's success.

    You need you to grow some balls and face the reality: Apple has intentionally crippled these products for no better reason than remain in tight control of the battery replacement procedure and get some cash from there too.

    Let's re-read the actual truth of the matter:

    I'm convinced the answer is that the chief executive, Steven P. Jobs, and Apple's design chief, Jonathan Ive, are design snobs, who care more about form than function. Larry Keeley, the president of the design firm Doblin Inc., wrote me an e-mail message after he'd seen the innards of the iPhone, which several Web sites have now published. The battery, he told me, lacks the normal metal jacket, making it ''thinner and lighter, while also making it more difficult for consumers to handle or dispose of.'' He added: ''This is clear evidence that they are optimizing the INSIDES of the phone to the OUTSIDE form factor that they have designed. It is far more common and much cheaper to design the other way: pile up all the components you have to stuff inside, then figure out the sexiest box that can contain them.''

    This makes them somewhat sad, but the fact that you as a customer (I suppose you don't work at Apple) defend them, is even sadder.

    Yeah, it's "sad" that I post the facts of the situation as a comment to slashdot, but somehow not sad that a guy finds a lawyer who can't spell and files a lawsuit against Apple about a fucking battery in a cell phone?

    Whatever.

  21. Re:Stupidest -customer- ever by AKAImBatman · · Score: 5, Insightful

    If you don't like it you could try-- oh, I dunno --not buying it? No one is twisting your arm to purchase a $500 cell phone/iPod. If you want it enough to where the battery won't stop you from purchasing the product, then you deserve to deal with the repercussions of your decision.

    If you haven't purchased an iPhone because of the battery, then you're making a choice as an informed consumer. If it's really a deal-breaker for you, take your business somewhere else. That is your right as a consumer. Remember caveat emptor, exercise your rights as a consumer, and DON'T support a completely baseless lawsuit filed by a nut who can't even ask the store clerk a question.

    I swear, the only thing worse than all the hype about the iPhone is all the anti-hype it has created. :-/

  22. mod up: insightful by Anonymous Coward · · Score: 2, Insightful

    hey, software lock in is evil. software and hardware lock in with a stylish gui is the bomb!

    -

  23. Re:Stupidest -customer- ever by mattgreen · · Score: 3, Insightful

    It deserves every bit of anti-hype it gets: it was the Paris Hilton of the tech world. For a short period in late June it was nothing but rampant ogling and wild speculation about a freaking cellular phone. How is it NOT absurd that people camped out for days to be the first person to get a cell phone? Now, I don't call people nerds much (mostly because I am one, or, used to be, at the current rate the industry is going), but I'm at a loss to describe it any other way.

    The whole thing is a barometer that indicates how materialistic we are. We get so worked up over a cell phone with a slightly different design, and the media labels the launch of it as equally newsworthy as actual events that impact human existence. Fuck that.

  24. One attorney's take... by thefinite · · Score: 4, Informative

    "I think the responsibility of proving (to a judge, at least) that this isn't merely another means of vendor lock-in is rests with Apple. They departed from the standard. The 'why' of the matter is crucial."

    This, actually, is immaterial to the suit. Why Apple sealed the battery inside shouldn't affect the judgment. The issue is whether or not the sealed battery violates some sort of contractual or warranty obligation that Apple has when it sells iPhones. The only way the Plaintiff(s) can get away with a claim like this is to prove that they didn't know about the battery issue before they bought the phone, *and* that it was reasonable for them to understand differently. As a contract claim, they also have to show that the actual battery replacement program is not sufficient based on their previous claims.

    The biggest problem for the Plaintiff(s)--Trujillo and any others that join the class--is that courts generally place a heavy burden on buyers to educate themselves about a good or service before they purchase. I think that it's pretty plain that the information about the battery was widely available. Heck, all he had to do was ask the salesperson.

    Speaking as an attorney, my suspicion is that either a greedy plaintiff or greedy attorney decided to get in the door first on what they saw to be a potentially huge issue. (Getting in the claim first is very important for class action attorneys because once a class action is settled, future claims on the same issue are barred. Being the name plaintiff in a class action is also important because you usually get more than the rest of the class.) I also think that Apple would be crazy to settle this. There will be multiple opportunities for Apple to ask the court to dismiss the suit or rule in their favor in summary judgment, meaning the cost of defending it wouldn't be too egregious. If they settle this, it sends a strong message that they are willing to roll over in the face of weak claims. All kinds of crazy claims would pop up. The plaintiff(s)'s attorneys have to spend time and money pursuing this with the risk that they will get nothing. They won't stay in too long as they come to realize that it's a plainly frivolous claim.

    I really hate it when I see people using the legal system to extort money rather than to get what they actually have a right to under the law.

    --
    Boom Shanka
  25. Re:Stupidest -customer- ever by djh101010 · · Score: 3, Insightful


    The iPhone doesn't have a user-replaceable battery, but it is replaceable. This is the same as all iPods for the last several years.


    So you ranted on and on (forever actually) about how the info was known in advance and can be found on the site.
    I don't think he was _ranting_, where did you get that impression?


    Let me ask you: how does the fact that you KNOW the battery is soldered, is making it any better for you, as an iPhone owner, when you'll have to ship it to Apple for a $100 replacement?
    So short a sentence, so many problems. First - of course it's soldered. Any of the iPhone dissections will show you that. As far as why it's better - that is volume and weight that doesn't have to be lost to contact pads and battery case, so you can have more battery - so more capacity. I'm not sure how anyone could see that not to be a good thing. Also, I neither need to ship it to Apple for replacement, nor do I have to pay $100.00 for it. From the apple site, it's $79 plus $6.95 shipping. If you've ever used Apple's battery replacement, or read comments about it, you'd know that it's really an exchange/refurb program - you get back a new case, new battery, and it looks like a new unit. But, you don't have to go to Apple at all. As the grandparent post stated, chances are good you'll be on to your next gadget before the battery life makes this an issue, and if not, a simple google of "iphone battery" gives you lots of options for replacement who are _not_ Apple, and are significantly cheaper.


    Is it? Does disclosing of intentionally crippled architecture of the device mean we can't be dissatisfied with the serviceability of the phone? Does it mean people are happy with their crippled iPod batteries (judging by the web, no, they aren't).

    "Intentionally crippled" implies that they specifically did this to piss, apparently, specifically you, off. Sorry but, battery life, reliability (solder rather than press-together contacts), having the case not have built in weak points & openings, and all those other reasons, outweigh the "problem" of a battery that will last for the forseeable usage life of a product.

    You need you to grow some balls and face the reality: Apple has intentionally crippled these products for no better reason than remain in tight control of the battery replacement procedure and get some cash from there too.
    And yet, you're not forced to send it to Apple for replacement. So obviously Apple isn't blocking third-parties from selling products and services for their gadgets.

    This makes them somewhat sad, but the fact that you as a customer (I suppose you don't work at Apple) defend them, is even sadder.
    I don't expect this message to work any better than his did, but you might want to consider that the motivation to counter someone badmouthing a good product, isn't limited to having financial reasons for doing so. In my case, it's because you're both wrong, and belligerant about it. That's a bad combination.
  26. Re:Stupidest -customer- ever by inviolet · · Score: 5, Insightful

    You need you to grow some balls and face the reality: Apple has intentionally crippled these products for no better reason than remain in tight control of the battery replacement procedure and get some cash from there too.

    This angry conjecture does not bear up to scrutiny. An internal, soldered, non-user-replaceable battery confers some serious benefits:

    • no contact connection problems, even in the presence of moisture and vibration
    • savings of precious internal volume by omitting the battery compartment and battery sheathing
    • elimination of an entry point for dust and water
    • elimination of spurious warranty claims stemming from subpar or incorrect third-party batteries, and from user fiddling

    Each of these is a serious engineering concern, and each has the potential to significantly impact the user's ownership experience. Your conjecture, therefore, cannot possibly be true, and is also needlessly mean-spirited.

    --
    FATMOUSE + YOU = FATMOUSE
  27. Re:Just a small point by drhamad · · Score: 3, Insightful

    Just a small point of interest:

    Even had Apple not said anything about the fact that the battery is not user-replaceable, they would not be guilty of false advertising unless they did the reverse - said the battery WAS user replaceable. To be liable for (not guilty of, that's crim terminology) false advertising, they would have to make an assertion - not simply not say anything. A case could, I suppose, be made for misleading the consumer, but that's a tough one to make - you still need some sort of assertion.

    What *you* (not you, the poster. I mean consumers in general) think a phone should have is not relevant. Only what the company SAYS it has is relevant. You know what they say about assumptions... make an ass out of you and me. This lawsuit is retarded.

    --
    -Daniel
  28. Re:Maybe Not by TheRaven64 · · Score: 4, Insightful
    A user replaceable battery is not a 'common sense feature' it's a tradeoff. User replaceable batteries need to be physically bigger (since they need to be safe outside the confines of the device) and need more space beyond this to allow insertion and removal. You can easily add 10-20% to the amount of space needed for the battery by making it user replaceable. In something like an iPod, where the battery accounts for over half of the total volume, this is significant.

    You have a choice. Do your customers value a small device, or a device with a replaceable battery more? Apple believe the former, you believe the latter. Only the market can tell which of you is correct.

    --
    I am TheRaven on Soylent News
  29. On avg Americans change phones every 18 months by gelfling · · Score: 2, Informative

    On average Americans change their phones every 18 months. I can tell you that in all the years I or my family have owned cell phones I've replaced exactly one battery. What torques me is the OBSCENE cost of replacement batteries. For the money you might as well replace the phone.

  30. Re:We could be TAD more objective about this, no? by UnknowingFool · · Score: 2, Interesting

    1) The case is supposed to be arguing that it WAS difficult to know that the battery was hard wired. No argument needs be made about the present day, the content of Google's current search engine, etc. I for one had no idea. Several technical publications (including /.) thought the fact was headline worthy - aka 'news'. So trying to say that it is impossible that it was news to a zero-day owner is just f'king goofy.

    Caveat Emptor. If the user did not do any research before buying a $500+ phone, that is his problem. Although Apple did not inscribe "battery not user-replaceable" on the box and the phone, the user could have found out the information before purchasing rather easily. Websites, Apple employees--hell, all the user had to do was to pick one up and see that it was not replaceable as there is no way to open it up. This lawsuit is why all lawn mowers have warnings on them that you should not lift them up when they are operating.

    2) Both cell phones and laptops are supposed to have batteries that can be replaced by the end user. There is a reason for this. To suggest that the bastard child of a lappy and a phone is immune from those same reasons is just plain dense.

    So the user ASSUMED that the iPhone was like every other cell phone in that the battery could be replaced by the user. I don't know about you but from the commercials, it was apparent to me that the iPhone was not like any other cell phone.

    3) I think the responsibility of proving (to a judge, at least) that this isn't merely another means of vendor lock-in is rests with Apple. They departed from the standard. The 'why' of the matter is crucial. Where are the prototypes that had normal batteries?

    I didn't read it in the Constitution that I had a right to replace my batteries myself. So what if Apple departed from the "standard?" Why does Apple have to justify its design choices to a judge or to anybody? People whine about not having choice, but what they are whining about is that they can't customize everything that they want to customize. If you don't like how Apple has designed the iPhone, don't buy one.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  31. Re:We could be TAD more objective about this, no? by drhamad · · Score: 2, Informative

    Just to hop on thefinite's previous reply to this post, since he did such a good job, I'd like to comment on these: 1) The case is supposed to be arguing that it WAS difficult to know that the battery was hard wired. No argument needs be made about the present day, the content of Google's current search engine, etc. I for one had no idea. Several technical publications (including /.) thought the fact was headline worthy - aka 'news'. So trying to say that it is impossible that it was news to a zero-day owner is just f'king goofy.

    Buying a product without significantly researching it pretty much makes your claim... worthless. Especially when all you had to do was ask a sales associate or go to Apple.com. Apple did not in any way hide this, nevermind make a claim that it WAS user replaceable. They've said straight out that it is not a user replaceable part. Further, several technical publications (ie every news or review site on the planet) has pretty much commented that it isn't user replaceable. So unless we intend to protect people who do ZERO research into what they buy (and theoretically, we don't protect that person), this logic does not work.

    2) Both cell phones and laptops are supposed to have batteries that can be replaced by the end user. There is a reason for this. To suggest that the bastard child of a lappy and a phone is immune from those same reasons is just plain dense.

    They are? Companies commonly use replaceable batteries for their obvious advantages, but not always. The Samsung Upstage does not have a replaceable battery either (and that fact is far more "hidden" than the iPhone battery issue is). It's a design/engineering decision. User replaceable batteries are bigger and require more parts than do non-replaceable ones. One form of engineering may be common usage, but that doesn't make it something that companies are "supposed" to do. If you don't like the alternative form of engineering, don't buy it. But it isn't fraud, it isn't false advertising, it isn't in any way actionable to use the other form.

    --
    -Daniel
  32. Re:We could be TAD more objective about this, no? by Anonymous Coward · · Score: 2, Insightful

    "2) Both cell phones and laptops are supposed to have batteries that can be replaced by the end user."

    Says who? My Palm Tungsten T does not have one.

    "There is a reason for this."

    Is there? I've never replaced any of the supplied rechargeable batteries in my various cellphones, digicams, PDAs, music players or laptop computers, though I did buy a spare for my Olympus E-1 camera.

    "To suggest that the bastard child of a lappy and a phone is immune from those same reasons is just plain dense."

    Has it ever occurred to you that Apple might employ persons whose job it is to analyse the usage patterns of various devices such that they might design a better/more economical/more profitable device which provides the functions that people ACTUALLY use rater than those that THINK THEY MIGHT? Do typical users actually use the PCI slots in their home computers? The answer to that question might explain the iMac, as the answer to "do people actually buy replacement batts for their cellphones?" might very well explain the decision not to include a user replaceable batt in the iPhone.

  33. Re:TYPICAL (MOD UP!) by cpm80 · · Score: 3, Insightful

    How does this comment get a troll rating? It's not great, but it's hardly troll (unless you're blindly pro-apple).

  34. Re:Just a small point by jedidiah · · Score: 3, Insightful

    I think what is relevant here is no so much what "we think" but what "everyone else does".

    Apple decided to make a device that's very much counter-intuitive in this aspect. It seems that people are primarily aware of this fact due to Google and tech journalists. Consumers shouldn't need the equivalent of consumer reports just to have a basic grasp of product characteristics.

    It's not something that people would/should reasonably expect.

    After seeing this, I went back to Apple and tried to get at the relevant information in a naeive sort of way one might expect an actual consumer to. I don't really see how anyone expects someone to stumble on this information themselves unless they're unusually dedicated.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  35. Re:Where the FUCK is iLife '07??? by Doctor-Optimal · · Score: 2, Interesting

    Come ON you homosexual deviants in Cupertino. QUIT FUCKING AROUND and update your fucking software every so often. You mincing faggots are worse than Debian... As of 10.5 iLife will be part of the base OS.
    --
    New punctuation update "~" (no quotes) at the end of a line to indicate sarcasm. ~
  36. Re:Just a small point by Mattintosh · · Score: 2, Insightful

    Consumers shouldn't need the equivalent of consumer reports just to have a basic grasp of product characteristics.

    I'm fairly certain that the Apple stores each have about 20 of the damned things on display, and each AT&T store probably has 1 or 2 of them out. You could, theoretically, you know, pick it up and look at it and see if it had a battery cover.

    But no, I'm sure a lawsuit is much more reasonable than simple purchasing decision-making skills. Land of the fat, home of the dumb. Yay.

  37. Re:Stupidest -customer- ever by StikyPad · · Score: 4, Funny

    I just camped out for the iPhone for all the high-fives and pats on the back from the salespeople. I felt like a superstar. Plus that was the most human contact I've had in years.

  38. Re:Maybe Not by WinterSolstice · · Score: 2, Informative

    How about a Pocket PC? A Palm? Many of the Palms and Pocket PCs didn't/don't have user replaceable batteries.

    How about my logitech cordless mouse here? It doesn't.
    Lots of devices don't have replaceable batteries for lots of reasons.

    --
    An operating system should be like a light switch... simple, effective, easy to use, and designed for everyone.
  39. Re:Stupidest -customer- ever by jcgf · · Score: 2, Insightful

    Where did I say I was anti-Apple? Or anti-iPhone even?

    Well as for anti-iphone here are links to some negative posts you made on the last few iphone stories:

    http://slashdot.org/comments.pl?sid=251129&cid=198 83519

    http://slashdot.org/comments.pl?sid=242435&cid=196 71931

    http://slashdot.org/comments.pl?sid=241925&cid=196 58031

    The second comment involved smashing an iphone, it was this desire for destruction that led me to believe you were anti-iphone. Most of the iphone haters seem to be also anti-apple in general, so I went with that.

  40. Uh, no by theurge14 · · Score: 2, Informative

    Uh, no. The Apple website quite clearly states that iTunes is used to activate the phone:

    Here
    Here and
    Here and also
    Here

    And Apple quite clearly states that it is for use with Mac and Windows:

    Here and
    Here

    That only required about 30-45 seconds of clicking links.

    1. Re:Uh, no by NetDanzr · · Score: 2, Informative
      My results:
      • iPhone main page - No activation info, but a very visible link to an "Activation and Sync" video.
      • Activation and Sync - "This page requires the Quicktime plugin." Back to main page.
      • Questions and Answers - I guess this is Apple talk for "FAQ". Oh, here's something: Will iPhone work with my PC and Microsoft Windows? Yes. iPhone works with Windows XP Home or Professional (SP2), and Windows Vista. See specifications for more details." This does not suggest a requirement.
      • Specifications - Apple sent me to this page from the previous one, so I checked it out. Ah, here it is: Mac System Requirements and Windows System Requirements. But wait a minute: where does it say that I need one of those to use the iPhone as a standalone device? I may understand it (and up to this point I did) as system setup needed if I wanted to connect the phone to a computer - for example to synchronize my address book or to download my mp3 collection. So back to home page.
      • News release - Oh, there's another link to "Activation and Sync" on the main page. It points to a news story, which reads, "CUPERTINO, California and ATLANTAJune 26, 2007Apple® and AT&T Inc. today announced that iPhone users will be able to activate their new iPhones using Apples popular iTunes® software". It goes on saying that this is for the user's convenience. Nowhere it says iTunes is required. So back to square one.
      • Apple support - There it is. Three levels down into the support page I finally found that I'd need iTunes.
      I can conclude that those who responded to me that iTunes was required were right. However, the information was hidden so deep in the support portion of the Web site while the marketing site merely suggested that iTunes would make the phone owner's life more easy that I would easily be fooled and purchased an iPhone if I ever wanted it. In addition, considering that there is a direct link from the marketing page to the battery replacement page I would've never expected that a much greater customer support issue was not mentioned.
  41. Re:TYPICAL by arashi+no+garou · · Score: 3, Insightful

    So, I should sue Apple because my Motorola bluetooth headset has a non-user-replaceable battery? No? Okay then, I'll sue Apple because my Palm V has a non-user-replaceable battery. Oh wait, it's not Apple's fault there either. Hmm, I guess Apple isn't the only evil megacorp conspiring to steal my hard-earned cash via battery schemes after all...

  42. Phones should have replaceable batteries by erroneus · · Score: 2, Insightful

    If I was stupid enough to buy a first-release iPhone (even if I wanted one, I'm smarter than to get the first-release version) I would have returned it the moment I found that batteries were not user-replaceable. Phones tend to be critical communications devices. You don't want them going out at inopportune times.

    iPods are almost never "critical music playing devices" are just nice to have. Phones are, for many, quite necessary. If you cannot keep your phone charged, the alternative is to have a spare battery. I keep a spare battery in my laptop bag for just such a situation as I know many other people do this as well. (I also keep a spare laptop battery for similar reasons.)

    As an entertainment device, it's sort of acceptable that the battery should not be user replaceable. But a phone??

    I have to say that the lawsuit isn't warranted, but a refund is.

  43. Re:Maybe Not by leenks · · Score: 2, Informative

    Actually, many watches require a special tool to remove the back before you get to the battery. You then need a new seal to put the thing back together or it won't be waterproof anymore.

    Not really that different to opening an iPod or iPhone is it in this case?

  44. Onward consumer soldiers by yusing · · Score: 2, Insightful

    I loathe and lament the whole decades-long trend of hyperexpensive proprietary everything, including batteries. Was it RS's "Trash-80" that started the "cheap-basics, sockem' on accesssories" trend? Only, now, even expensive stuff is playing this stupid game.

    $175 laptop batteries that consist of 6 AA cells wired together? Appalling.

    There used to be 4 or 5 batteries that powered everything electronic. The fundamental character of electronics hasn't changed. (Alas, battery technology hasn't changed much either.) Yeah, I know, bitch on grandpa. Well ok, kiddies, but you're the ones that are $100,000 in debt on average. Yeah, I know, standardized parts are "too socialist for America." Ha, take that.

    Stop buying the crap. My TV remote takes an AA. Any AA. If your phone-du-jour doesn't, tough bounce. Demand better. Every dollar is a vote.

    --

    "You must try to forget all you have learned. You must begin to dream." -- Sherwood Anderson

  45. Re:Just a small point by jedidiah · · Score: 2, Insightful

    Expect everyone to be a geeky hacker at the Apple store.

    Sure...

    When Apple decides (for whatever reason) to break with established norms, they as "the usability people" should be unusually upfront about the situation. Yes, they should warn the rubes about what they're getting into. Otherwise, Apple is just Dell with some better ad men.

    Why should a Linux zealot be the one to expect more out of Apple?

    --
    A Pirate and a Puritan look the same on a balance sheet.
  46. Re:Maybe Not by soft_guy · · Score: 2, Informative

    Replacing the battery in my iPod only involved using a tool that they (Newer Technology) sent me along with the battery. It didn't involve any soldering.

    --
    Avoid Missing Ball for High Score
  47. Re:Maybe Not by MobileTatsu-NJG · · Score: 2, Informative

    How about a Pocket PC? A Palm? Many of the Palms and Pocket PCs didn't/don't have user replaceable batteries.

    How about my logitech cordless mouse here? It doesn't.
    Lots of devices don't have replaceable batteries for lots of reasons.


    Every single cell phone I've owned, from super cheap to super expenssive, for the last 10 years, had a user-replacable battery. Heck, every phone I've even lightly considered owning has had a 'high-capacity' upgrade available for it. It'd be surprising to find a phone that has a soldered-in battery, even if one owned a logitech cordless mouse or a PocketPC.
    --

    "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  48. Re:TYPICAL by superbus1929 · · Score: 2, Informative

    You're absolutely right. My last comment got modded down, this one will get modded down, and that makes 90% of my posts that get modded down are because I'm saying something bad about Apple. The first couple times, I tried to be reasonable (I think Apples are too limited, software-wise, to be reliable for almost anyone), but I'd get slammed down by the pro-Mac crowd. No reason whatsoever. So now, I'm just saying they can go fuck themselves.

    At best, I'm wasting someone's precious mod points. This is all they use them for anyway, so fuck it.

    --
    Let's stop dilly-dallying and just change "-1: Overrated" to "-1: Disagree" or "-1: Doesn't Subscribe to Groupthink".
  49. Illegal in Europe? by ps236 · · Score: 2, Interesting

    Does this mean the iPhone will soon be illegal in Europe?

    AIUI, there's an EU law coming in in 2008 meaning that all batteries have to be at least user-removeable (so they can be disposed of separately) even if not user-replaceable.

  50. Re:Maybe Not by ioshhdflwuegfh · · Score: 2, Funny

    A user replaceable battery is not a 'common sense feature' it's a tradeoff. In a mobile phone?

    User replaceable batteries need to be physically bigger (since they need to be safe outside the confines of the device) and need more space beyond this to allow insertion and removal. You can easily add 10-20% to the amount of space needed for the battery by making it user replaceable.

    In something like an iPod, where the battery accounts for over half of the total volume, this is significant. Yes, I for one, not unlike yourself, am really wondering what you are talking about. I thought that it was about iPhone, not iPod.

    You have a choice. But so fair you said nothing at all about iPhone, I want that.

    Do your customers value a small device, or a device with a replaceable battery more? Apple believe the former, you believe the latter. How about small device with a replaceable battery, like... a mobile phone?
    I see, I do not have that choice in your example.
    Does that means that the customer and the producer will not sell nor buy from one another?

    Only the market can tell which of you is correct. and if they don't buy/sell from one another, where is the market?
    On the second though, I think you're right: only market and court can tell who is right.

    PS: But tell me how is this possible: you are right even though you did not type all the characters? I really wonder why.
  51. Re:TYPICAL (MOD UP!) by Ash+Vince · · Score: 3, Insightful

    Wahey, Mods are all on crack.

    The point that nobody else seems to have made is that crap like an ipod you can do without for a while, a phone is a little different.

    I was thinking about waiting for the iPhone to be available over here in the UK before getting an upgrade as it has a lot of features I would have liked. I on the other hand did not know that I would be unable to replace the battery when it was unable to charge anymore or that I would be unable to carry a spare charged battery as a backup if I am unable to find a powerslot I can use. Currently I always keep a spare battery for my phone in my bag.

    As it is I will just go and upgrade to the latest Sony Ericson P990i instead. It supports wifi, has a web browser and most things I want but I really would have preffered an iPhone. Not being able to replace the battery myself is a killer for me though so this is one sale Apple lost.

    --
    I dont read /. to RTFA, I read /. to offend people in ignorance.
  52. Re:TYPICAL by superbus1929 · · Score: 2, Insightful

    Again, you're running into the same situation that Linux is in: not enough dedicated apps for 90% of the market, and a market that isn't really savvy enough to emulate Windows software in the Unix environment. I love Unix, I love Linux, and as a pure operating system, I think OS/X works well. OS/X would work a lot better if I wasn't convinced they're eventually going to stop concentrating on their operating systems for any other purpose than to sell their iPods and iPhones.

    My gripes with Apple are all about their gadgets. They release virtual beta products as the Next Big Thing, and let their early adopters do the bug testing; with the iPhone, that was at $500 - $600 a pop. It's not even like this is a surprise; it happened with the iPod, and we knew what the issues were with the iPhone before it came out. But again, it's not Apple's fault that the general public fell for their marketing push. My problem isn't Apple so much as it is Apple fanboys.

    I've stated the above in comments even better worded than this, and gotten modded down as either "overrated" or "flamebait" each time. I'm no M$ fanboy in the least bit, but I do think that OS/X - and Linux, of which I'm a huge fan - are too niche for Joe Luser. But the same way that people that talk good about Microsoft get modded down, talking bad about Apple - even in the abstract, using facts - results in the person getting modded down by it's cult of personality.

    So, I have decided "fuck it", and react in kind towards the fanbrats. And I'm sure this post will end up like the last ones before it: in a perpetual battle of people that agree with me modding me up as "informative" and "insightful", with people disagreeing with me - not calling me a troll, but disagreeing - modding me down as "flamebait" and "overrated", which will cause others to mark me "underrated". With luck... I'll end up right back at 2.

    --
    Let's stop dilly-dallying and just change "-1: Overrated" to "-1: Disagree" or "-1: Doesn't Subscribe to Groupthink".