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Apple and AT&T Sued, Again, Over 3G

Macworld is reporting that Apple and AT&T are being sued, again, for the lack of delivery on their 3G network. This follows a long line of other lawsuits in San Jose, San Diego, Alabama, Florida, Texas, and New York "The lawsuit charges the companies with Negligence, Breach of Express Warranty, Breach of Implied Warranty of Merchantability, Unjust Enrichment, Negligent Misrepresentation, Violation of the New Jersey Consumer Fraud Act and Other Similar State Statutes, and Breach of Contract. Dickerson is seeking to force Apple and AT&T to correct its labeling and advertising, as well as to recover compensatory, statutory and punitive damages."

48 of 230 comments (clear)

  1. Yup by JimboFBX · · Score: 5, Interesting

    The problem with AT&T's 3G is that the connection from your phone to their tower is fast but their tower's connection to the internet is 14k baud dial-up or something. Some towers don't even have internet connectivity, I was on a mountain with 5 bars of 3G, parked, and had no internet connectivity whatsoever. I drove down a small town nearby and it worked fine, except of course for that slow page loading issue.

    1. Re:Yup by Anonymous Coward · · Score: 5, Interesting

      The iPhone has absolutely destroyed AT&T's network. They were simply never built to support that amount of data traffic, and the large-quota / unlimited data plans they sell with the iPhone have crushed them.

      The reason blackberrys are more attractive to networks than the iPhone is because they have compression, on-demand loading and data-chunking abilities. The iPhone has none of these things, and the result is AT&T's network speeds being ripped up.

      (Anon because I know too much about this.)

    2. Re:Yup by bostongraf · · Score: 5, Insightful

      The reason blackberrys are more attractive to networks than the iPhone is because

      I'm sorry, but I'm fairly certain that most other networks would be more than happy to get a share of the iPhone market. The customers may not be happy with the resulting performance! But the networks would have no problem adding an iPhone, and accompanying plan, to their offerings...

    3. Re:Yup by Anonymous Coward · · Score: 5, Informative

      I'm not suggesting that the carriers don't want the iPhone, I'm saying that they're sacrificing their Network in order to do it. AT&T is being sued because their network can't scale up. They'll have to dump a cool billion in order to upgrade.

      The marketing and business people see no problem with that, but believe me, it makes the tech's lives difficult. Blackberry's footprint is significantly lower because of how they handle data traffic.

    4. Re:Yup by dave562 · · Score: 5, Informative

      I'm a fairly long time Blackberry user with AT&T. The network performance and internet browsing from the Blackberry devices was fine up until AT&T rolled out the iPhone. Once the iPhones were on the network, the internet browsing went straight to hell on the Blackberry. Page loads are easily over a minute and in the past they used to be reasonably fast.

    5. Re:Yup by TheMeuge · · Score: 5, Interesting

      They knew that this was going to happen though. AT&T had their hands full with the 2G iPhone, and knew exactly the kind of demand they were going to get when it went 3G.

      But instead, they chose to continue charging outrageous fees (and FORCING you to get an overpriced data plan)... without doing much to upgrade their network.

      Furthermore, I believe that AT&T is deliberately throttling speeds to 3G iPhones, because I get much higher speeds using the Samsung Blackjack in the same location, both using AT&Ts service. As a matter of fact, most of the time, the Blackjack is 2X faster (400-1000kbps vs. 200-600kbps).

      Now I really like my iPhone and it still does work very well, even despite the slower speeds. Within a year or two, the network will probably receive some upgrades... just like it happened when I first got the Blackjack 3 years ago. Then, I would hardly get 3G anywhere, and when I would get it, it'd never go above 400kbps. Before I got the iPhone, I'd easily get 800kbps 3G virtually everywhere, including places where I had trouble getting EDGE a couple of years ago.

    6. Re:Yup by nxtw · · Score: 4, Insightful

      The reason you couldn't get on the internet with 5 bars of 3G is probably because you didn't have an EDGE signal. Try it yourself, turn EDGE off and even with 5 bars of 3G you cannot get on the internet at all. I don't know if it uses EDGE for authentication or something but it's pretty stupid to require both in order to be able to get out to the internet.

      EDGE is an extension of GPRS (which is an extension of GSM) that provides higher performance packet data on GSM (in this context, the air interface).

      The data traffic - inlcuding authentication - travels over either GSM/EDGE or WCDMA until it is handed off from one to the other.

      You do not "need" both GSM and WCDMA coverage at the same time to use data. Many devices can be set to use WCDMA only.

    7. Re:Yup by frinkster · · Score: 2, Interesting

      The worst part of my iPhone is that it uses AT&T's network.

      When I am connected via Wi-Fi, it works great. But here in my office in downtown Chicago, I frequently get "Could not activate cellular data network" errors and have problems with voice calls dropping as well.

      Last year I was in rural Indiana, getting 3 bars of EDGE, and I was able to use the maps application to find my way through miles and miles of empty roads with rows of corn as far you could see. In fact, it was a lot more responsive than when I get 5 bars of 3G most times.

      Perhaps the key is to be the only person connected to the cell tower.

    8. Re:Yup by Bemopolis · · Score: 5, Insightful

      Yeah, too bad they don't have a brand-new revenue stream from a popular exclusive device to finance such an upgrade.

      --
      "I guess the moral of the story is, don't paint your airship with rocket fuel." -- Addison Bain
    9. Re:Yup by Anonymous Coward · · Score: 3, Insightful

      Wonder what the shareholders with short time investment strategies would think of that.

    10. Re:Yup by EvilBudMan · · Score: 2, Insightful

      Yep they built their network for two users and now have 1000. This is not just the iPhone here. This happens with Verizon too and guess what they don't have it.

    11. Re:Yup by donny77 · · Score: 5, Insightful

      This is not about iPhone versus Blackberry. This is 1990 ISPs all over again. AT&T wants to sell "unlimited" data plans knowing you'll pay more for unlimited. It works great because people just check their e-mail on it. Why? Cause the Internet sucks on a Blackberry/Windows Mobile device. The problem is, iPhone users ACTUALLY use the Internet/data other than e-mail. Why? Cause it doesn't suck. Result, oversold bandwidth. Same old story.

    12. Re:Yup by hairyfeet · · Score: 5, Insightful

      And you just hit the nail on the head on why this country is falling apart. Stocks were supposed to be for investing, where you looked at the business's long term game plan and if you supported it bought stock in the company. Now Wall Street is nothing but Las Vegas with nicer clothes. When my parents built their house 29 years ago the ISDN and cable stopped 2 blocks away. Now 30 years later how far is it? Why 2 blocks away, of course!

      Nobody has laid any lines or upgraded shit around here in years because it might hurt the short term stock price if they actually spent a dime. Problem is, if a business isn't growing it is dying. I mean I'm sure they could pay out a nice dividend if they burnt the thing to the ground for the insurance but that doesn't make for much of a business plan. Having everything revolve around the short termers and day traders is the same thing, it just takes longer for the business to burn. for business(and the economy) to grow their have to be INVESTMENTS. Investments in the infrastructure to grow, in the lines, in automation to improve efficiency, in customer service, etc. Instead everything has been low balled and left to rot to please the short term mentality on Wall Street. Is it any wonder that it seems everything is falling apart?

      --
      ACs don't waste your time replying, your posts are never seen by me.
    13. Re:Yup by Vancorps · · Score: 2, Interesting

      Given that Blackberry market share is higher than that of the iPhone I wonder where you come up with this statement? Source

      The network friendly appearance is due to the fact that it is not new and so RIM has learned a lot of hard lessons over the years that Apple is just now encountering with its partnership with AT&T.

      The Blackberry is superior from a technological standpoint. The iPhone is superior from a UI standpoint. It's that simple, at least in my head.

    14. Re:Yup by mmkkbb · · Score: 2, Informative

      That was most likely AT&T's D-AMPS network, before they were bought by Cingular, and before Cingular was bought up by SBC which became AT&T. The brand names mean nothing in this case.

      --
      -mkb
    15. Re:Yup by Rytr23 · · Score: 2, Insightful
      Probably because while there are more BBs in the wild, the iPhone makes up the lions share of traffic from cell phones. source.

      He is correct.

      --
      So many injustices..so little time..
    16. Re:Yup by yabos · · Score: 3, Insightful

      Verizon happily collected billions of dollars from the tax payers for years and did no such upgrades beyond slowly increasing their internet speeds. Finally after a lot of pressure they're actually upgrading their network.

    17. Re:Yup by afidel · · Score: 2, Informative

      Internet is starting to suck a lot less on the Blackberry as well. OS 4.5 makes the Blackberry browser very useable and Opera mini even more so. Heck on T-mobile I can even stream music just fine over EDGE using Slacker or Flycast. I'm not sure if your typical Blackberry user is as data intensive as I am (I doubt it) but you can certainly use as much bandwidth using a Blackberry as you can an iPhone.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    18. Re:Yup by dgatwood · · Score: 2, Insightful

      No, opinions like that are mostly held by people with business experience who see other businesses being run by (overpaid) complete morons. I've seen many, many businesses involved in short-term thinking that screws long-term profitability. Any time I see a new CEO brought in to "fix" a company, as a general rule, that's when it's time to sell the stock. Well, maybe wait until the new executive's short-term thinking has driven it up a bit, then dump the stock before it crashes. Either way. I've seen this too many times to believe that short-term thinking is unusual. It may not be the rule, but it certainly isn't the exception, either.

      Indeed, short-term thinking is to blame for most of the current state of the economy. Betting your pension plans on high-yield, high-risk investments? Short-term thinking. Issuing loans that pay a high interest rate in spite of the risks because you know you're just going to sell the loan to somebody else anyway? Short-term thinking. Driving the stock market down rapidly because of a high number of people shorting the stock? Short-term thinking. And so on.

      I tend to agree with the assessment that most companies, particularly those with entrenched monopolies like telecoms, tend to solely value short-term profit because they know they have little real competition, so their long-term profits are pretty much guaranteed in the absence of a significant disruptive technology (cell phones reducing land line use, for example). The only thing that will ever change this is removal of the monopoly---for example, passing laws that mandated cell phone unlocking after the initial contract period....

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    19. Re:Yup by Red+Flayer · · Score: 2, Insightful

      Indeed, short-term thinking is to blame for most of the current state of the economy. Betting your pension plans on high-yield, high-risk investments? Short-term thinking. Issuing loans that pay a high interest rate in spite of the risks because you know you're just going to sell the loan to somebody else anyway? Short-term thinking. Driving the stock market down rapidly because of a high number of people shorting the stock? Short-term thinking. And so on.

      Isn't it ironic... every example you list is NOT an example of the failures of thinking only for the short-term.

      Betting your pension plans on high-yield, high-risk investments?

      The problem with that investment strategy is that people dismiss the risk. Those 15% annual returns of a few years ago simply outweigh the possiblity of losing it all, in the minds of those investors. Interestingly, a diversified high-risk/high-yield strategy outperforms a low-risk/low-yield strategy in the long term. When you are investing for the short term (i.e., you're close to retirement) is when you should use a low-risk strategy.

      Issuing loans that pay a high interest rate in spite of the risks because you know you're just going to sell the loan to somebody else anyway?

      That's not short-term thinking. That's smart business. Regardless of how it plays out in the long term, you've maximized your return. The problem is that the buyers of those risky loans underestimated the risk, and overvalued them. It's not a failure of planning for the long term, it's a failure to adequately estimate risk by the *buyers* of those loans.

      Driving the stock market down rapidly because of a high number of people shorting the stock?

      That's a good investment for the short term. And, once the stock price is unreasonably low, those short sellers can buy in to catch the price increase. This investment strategy is a good one for the investor -- can you really say that the people using this strategy aren't *personally* far better off than if they didn't use it?

      A better example would be the American car companies cutting off R&D for production of a low-cost, high-mileage vehicle. Or price fixing that reduces the incentive to increase supply of a scarce good (e.g., electricity in CA).

      I think you're right re: short-term thinking, I just think you could have used better examples. What's coming through to me based upon your examples is that many actors in the economy have chosen strategies that benefit them while causing problems for everyone else... related to to the classic Tragedy of the Commons. Those strategies ARE the best strategies for the individual, unless everyone cooperates.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  2. Re:WTF? by AvitarX · · Score: 3, Insightful

    Well they are forcing you to stick with them.

    --
    Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  3. 3G iPhone not all it's cracked up to be? by Andy+Dodd · · Score: 2, Informative

    Sounds from the comments on that article that the iPhone's CPU just isn't fast enough to take advantage of 3G data rates even with a 3G radio present.

    Based on those that commented on the linked article that their laptop data card was fast and my own experience with an AT&T Tilt in 3G coverage areas, it's *not* the network. The only time I have 3G speed problems is when I'm in a fringe area with only one bar of signal strength.

    --
    retrorocket.o not found, launch anyway?
    1. Re:3G iPhone not all it's cracked up to be? by Anonymous Coward · · Score: 4, Insightful

      But it handles WiFi data just fine which is in most cases faster than 3G. I doubt the phone itself is the issue.

    2. Re:3G iPhone not all it's cracked up to be? by Anonymous+Cowbell · · Score: 5, Funny

      Listen, new guy, a word of advice: don't be so quick to jump to a corporate giant's defense here on Slashdot. You'll thank me later. Just toss out a "lame" and be done with it.

    3. Re:3G iPhone not all it's cracked up to be? by novitk · · Score: 5, Informative

      WiFi works well, so it's not the CPU on the phone. At least here in NYC the problem is not even the slow speed, as much as the the network is so oversubscribed that the phone can't get any response and the browser just times out.

    4. Re:3G iPhone not all it's cracked up to be? by Volante3192 · · Score: 2, Interesting

      I dunno, AT&T's 3G network seems to not be that great all around. I've got an LG CU400 that 'supports' 3G, but every time the phone connected with 3G, it'd stop working. I'd have to powercycle it and use it in the brief period between when EDGE connected and when 3G took over.

      I ended up having to find the maintenance code to get into the hardware config and explicitly turn off 3G.

      Phone's worked flawlessly ever since.

    5. Re:3G iPhone not all it's cracked up to be? by shawnce · · Score: 2, Informative

      Page rendering is rather fast on the iPhone when supplied by WiFi which easily exceeds 3G data rates in all but the rarest of situations. It isn't a CPU issue. Now it could be a 3G chip set issue... however I bet it is primarily latency that is killing fast rendering when using 3G. 3G latency is bad in general and given how "native" the Mobile Safari accesses websites it feels the full effects of this latency (unless a pre-fetching proxy, etc. is assisting the phone pipeline things... which is what BB does IIRC).

    6. Re:3G iPhone not all it's cracked up to be? by nxtw · · Score: 2

      on my iPhone, going to Slashdot locks up the browser temporarily while it renders. It also sometimes fails to render properly.

  4. good by pak9rabid · · Score: 3, Informative

    Good...it's high time somebody smack them around in court for their bullshit data service. Although the connection to the tower is fine, it's slow as balls from the tower out. I mean christ, I experience lag when typing via an ssh session, something I haven't experienced since the dark ages of dialup.

    1. Re:good by jargon82 · · Score: 4, Informative

      ssh lag is a really bad example. 3g has reasonable bandwidth but rather high latency. Stuff like ssh will always visibly lag, and this is not at all specific to AT&T.

  5. Re:WTF? by TheRealMindChild · · Score: 3, Interesting

    You see the bit in the summary/article "Breach of Express Warranty, Breach of Implied Warranty of Merchantability, Unjust Enrichment, Negligent Misrepresentation..."? This isn't about whining that it sucks. It is about them misleading you about how bad it sucks. By then, you are already nailed to a contract. If you think this is "ok", I have some free time and an ice pick handy...

    --

    "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
  6. Re:WTF? by geekoid · · Score: 4, Insightful

    Except they are.
    They claim it does all this wonderful stuff, you buy it and it doesn't work as promised*.

    You cant switch providers or get your money back.

    In that enviroment suing is the only avenue a consumer has.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  7. Re:WTF? by Sigmon · · Score: 5, Insightful

    Um.. yes, AT&T _IS_ forcing one to use their service. You remember that little thing called a contract?

    Granted, nobody forced me to *choose* them, but once they are chosen - I'm locked in for two years!

    But what happens when after 6 months or 1 year my service begins to suck? Have I no recourse?

    I have no idea if this lawsuit has merit or not, but an attitude of 'don't like it, don't use it' is likely an oversimplification of the situation.

  8. Heck I'd settle for 1 G... by DaSpudMan · · Score: 3, Interesting

    You people on the coasts are so spoiled. Up here in ND, I'd settle for a choice of cell phone companies that provide coverage in most of the state. IPhones are an unkown commodity up here.

    Time to break out the Bag Phone or a Brick.

    --
    > > >We don't need no steeekin'.....oh wait, my wife says we do.
  9. Re:Sue-Happy by Aladrin · · Score: 4, Insightful

    If they weren't locked into a contract, they wouldn't have to sue over it.

    Most purchases can be returned when the product doesn't work as advertised. Usually this is because the store has a return policy to keep their customers happy, but some of the time it's the law.

    In this case, there not only isn't a policy like that, there's a contract guaranteeing that you have to -continue- paying for it.

    --
    "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
  10. golden chariot with lame horse by 192939495969798999 · · Score: 2, Insightful

    "Your chariot may be made of gold my friend, but your horse has a lame leg. My wooden cart and donkey aren't much to look at, but I get where I need to go every time", said the old man.

    --
    stuff |
    1. Re:golden chariot with lame horse by necro81 · · Score: 2, Funny

      A chariot made of gold? No wonder the horse is lame! Do you have any idea how heavy that thing would be?

  11. Re:WTF? by peragrin · · Score: 4, Informative

    Pull your head out of your ass about cell companies screwing American's. AT&T is GSM, verizon is Cdma of one type, sprint is CDMA of another incompatible type. This isn't Europe where everyone uses GSM. In order to switch GSM carriers in the USA you have a chploice of at&t or tmobile in some cities. Tmobile for me is as useful as using posion ivy leaves for toliet paper.

    You need a whole other phone if you want to use verizon or sprint.

    --
    i thought once I was found, but it was only a dream.
  12. You can add Los Angeles to that list by carbona · · Score: 2, Informative

    3G coverage is spotty at best, and as others have mentioned, sometimes full 3G bars doesn't even provide data.

    Problem has gotten so bad that I have turned off 3G altogether when I'm at home as call reliability is improved and I can just use my Wi-Fi connection for data. I could have just kept my 1st gen iPhone and lived without GPS.

  13. The AT&T Network by rwwyatt · · Score: 4, Informative

    The problem is network dimensioning and issues of the backhaul connection between the NodeB and the RNC. There are multiple configuration of the NodeB which provides for different Data Rates. There is 384 kbs, 1.8 mbps, 3.6 mbps and 7.2 mbps. AT&T was not interested in 7.2 Mbps until late 2007. In order to support these data rates, there must be a significant connection to the backhaul based for the most part on a number of T1 Lines. AT&T is attempting to dimension their networks based on current data usage so they will always be behind. This is due to cost and many other reasons. There is no reason to equip Nut New Mexico with a 7.2 Mb capable cells. Even on the device side, It is cheaper toi buy a device based on HSDPA only rather than HSUPA/HSDPA.

  14. Re:WTF? by troll8901 · · Score: 2, Funny

    I'm sure he meant "pay a cancellation fee and cancel the contract".

  15. Beware of anecdotes bearing claims by slimjim8094 · · Score: 3, Informative

    There's a lot of bitching about how much AT&T's network sucks. I'm not an apologist (though I have an iPhone) so let's keep objectivity in mind.

    The iPhone has limited ram and a slower CPU. Websites will take a long time to render regardless of connection speed. Therefore, test a file transfer. You should get around 1.5MBps if you're on HSDPA (I think all ATT 3g is HSDPA)

    I'm not arguing for a second that someplace like NYC will probably be oversubscribed. I doubt that's the problem in general (nothing like a 14.4kbps dialup for a backhaul... jeez) but it's possible if you're experiencing genuinely slow speeds.

    Remember packet-radio tech will always involve latency. Over EDGE it's around 500ms, over a (good) 3g, it's about 150ms. That's something you'd be seeing if you see slow web speeds - many webpages have 50 requests, that latency adds up.

    As for this lawsuit, AT&T makes no secret that 3G isn't available everywhere. It is exactly 3 obvious clicks from the homepage. If this guy expected 3g... tough. They're rolling it out pretty quick. If he didn't, or if the service is slow... perhaps he can call and tell them that he didn't contract for this level of service?

    Basically, website 'speed' is not all about AT&T's oversubscription/crappyness. It's at least composed of latency, rendering speed, the page itself, and finally the speed of the network (which will fluctuate with users). Do a bulk file transfer and then talk.

    And this guy probably needs to chill out. Probably

    --
    I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
  16. AT&T is waiting for bailout money by debrain · · Score: 3, Interesting

    The Economist had an interesting article last year that predicted that the US telecom companies were waiting for bailout money to invest in infrastructure. With this new stimulus package on the horizon, I'm sure some evidence to support their argument (i.e. irate iPhone users) that it's necessary would go a long way. AT&T has every incentive to get taxpayers to foot the bill, and they'd effectively be punished if they spent their own money on it (it's not like they'll get reimbursed).

  17. You need high speed on both ends by tepples · · Score: 2, Insightful

    After 30 years, perhaps you should move from your parents home so you can have better internet connectivity? :)

    You have to have high speed at both last miles in order to have a high-speed connection. Even the fastest Internet connection hairyfeet can buy won't help him communicate with his parents any faster.

  18. Re:WTF? by tepples · · Score: 4, Insightful

    You can cancel your contract. You'll pay a nice penalty, but you can cancel.

    Why should I pay a penalty if the other party didn't uphold its end of the agreement?

  19. Wait for Android by Krneki · · Score: 2, Interesting

    Wait and see what happens with Android and a torrent client. :)

    --
    Love many, trust a few, do harm to none.
  20. Re:WTF? by shutdown+-p+now · · Score: 2, Insightful

    He is being forced to continue using their service while they do not uphold their part of the deal (that of providing working 3G connectivity). The reason why he made his choice of going with them was because there would be 3G. Now, some time later, there's no 3G. Why shouldn't he sue?

  21. Re:WTF? by glitch23 · · Score: 2, Insightful

    Why should I pay a penalty if the other party didn't uphold its end of the agreement?

    In my own little world, if the other party didn't hold up their end of the agreement then the contract is already broken and I don't owe a thing. I know, I know, try convincing the carrier of that.

    --
    this nation, under God, shall have a new birth of freedom. -- Lincoln, Gettysburg Address