A Californian woman has accused Apple of purposely turning theĀ iPhone 3G and 3GS into "iBricks" with its iOS 4 software update, resulting in frustrated owners having to upgrade to the iPhone 4.
In a lawsuit filed in San Diego last week (a copy of which was uploaded by Wired), Bianca Wofford accused Apple of "unsavoury, dishonest and deceptive business practices", resulting in the iPhone 3G suffering "significant and extended lost of functionality, application loss, loss of use and substantially degraded performance".
With every new iPhone, there is an upgrade to its operating system. This year came the release of iOS4, shipped with the iPhone 4 and offering a bunch of new features, including multi-tasking. It was also made available for two of the older models, the iPhone 3G and 3GS. Soon afterwards though, there were complaints about its poor performance on both phones, which weren't addressed until the iOS 4.1 update a couple of months later. Even now users of older iPhones complain of frequent crashes.
In the complaint, Wofford accuses Apple of lying about the benefits of the iOS4 update to iPhone 3G owners, knowing that it would make the phone useless. As the complaint puts it, the iOS4 update left the phone "with little more use than that of a paperweight".
It continued, "Rather than improve anything, it has rendered the iPhone 3G devices virtually unuseable, constantly slowed, crashed or frozen, and less versatile than the device consumers purchased and the earlier, iOS 3.x version firmware.
"What's worse is that Apple's own test engineers and its tech support site are acutely aware of the thousands of complaints lodged, and still waited for nearly three months to take any corrective action."
It alleges that iOS4 ended up as a downgrade for earlier iPhone models that owners were misled into downloading, who wouldn't have if Apple told them the truth. Apple hasn't commented on the allegations yet.
The complaint is being filed as a class-action suit, which means other Californians are welcome to join, if a judge approves it. Wofford is after about $5,000 to compensate her "harm and economic loss", due to her being unable to play with her apps, though she was paying for a network connection.


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anonymous 4 November, 2010 16:53
I'd like to sign up. I have a 3G, and if I want to look at my calendar, I tap the icon and go have a cup of tea, then by the time I get back -- if I'm lucky -- it might be open. If I want to listen to Spotify, I have to open it three days before
anonymous 4 November, 2010 19:25
After I upgraded my 3GS a while back I definitely noticed my phone slow down, I feel sorry for the 3g users.
oh and I love the wallpapers and folders but apples implementation of multitasking is useless, why do apps automatically background every time I close them? I constantly find myself closing apps in the multitasking bar which is a huge pain.
Anonymous 5 November, 2010 00:24
I updated my iphone 3gS with this update, a day later it no longer works and failed to boot. Took it into my local iStore and they said "sorry this update seems to have fried your phone" and then refused to swap it for a new one, there not really giving them selfs a good look from my point of view.
rbrian 5 November, 2010 03:23
Am I the only one who likes iOS4? It's made my 3GS better!
anonymous 5 November, 2010 05:02
Yeah rbrian. My 3GS is way better since the iOS4 update. It does annoy me that I seem to be constantly closing apps. But not enough to be really bothered.
anonymous 5 November, 2010 09:41
rbrian - iOS 4 is great. it just doesn't work (if you have a 3G)
Anonymous 5 November, 2010 12:04
I found a great way to fix this - you ditch the iPhone and get an HTC Desire instead.
Anonymous 8 November, 2010 10:28
or get an iPhone 4. err.. wait... isn't that is the purpose?
Anonymous 8 November, 2010 18:15
I feel sorry for iphone users.
Anonymous 23 November, 2010 17:45
I love my iPhone however I removed iOS 4 from itimmediately; it was slower but did not fry my phone. I haves 3Gs or 3gi it as an upgrade to the 3G @ the time.
Anonymous 27 November, 2010 18:45
i have worked out that if i want to get the calendar i can just use the stopwatch as their is no difference on ios4 with ma 3g
Anonymous 17 January, 2011 17:00
It's even worse for second gen iPod owners. I loved my iPod - until iOS 4. The first time I tried to install it, it literally destroyed my iPod. The guys at the Apple store couldn't fix it. So I got a replacement (which I had hoped would come with some 3.xx version, but it came loaded with 2.3!). I successfully loaded 4.1 after several tries. My iPod is sloooooooowwwww and crashes a lot. If I had the time and money I'd be doing the same as Ms. Wofford. My wife also has a second gen iPod with OS 3, and as long as the thing turns on, she won't be "upgrading."
Apple never has learned the lesson it should have in the early 90's. Putting proprietary software on your hardware - and then forcing...err...suggesting that your customers should "upgrade" to a new version that you know won't work on the older hardware is unethical (at the least).
Anonymous 4 February, 2011 02:10
SIMPLY DOWNGRADE BACK TO 3.1.2!!!!!
all iphones and itouches prior to 3gs can downgrade. not 3gs or 4
download "iphone firmware" from google-felixbruns site
plug in iphone/itouch and shift-click restore button
chose downloaded firmware and restore
itunes will error dont worry and device will be in recovery mode
download recboot and run as admin and kick out of recovery
done!!!!