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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."

28 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 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
    8. Re:Yup by Anonymous Coward · · Score: 3, Insightful

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

    9. 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.

    10. 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?

      --
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    11. 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.

  2. Re:WTF? by AvitarX · · Score: 3, Insightful

    Well they are forcing you to stick with them.

    --
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  3. 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.

  4. 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
  5. 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
  6. 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.

  7. 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.
  8. 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
  9. 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.

  10. 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.

  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. 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.

  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. 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

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  15. 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).

  16. 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?