AT&T Sued (Again) For Late MMS For being three days late with MMS functionality Back in August, AT&T and Apple were sued for failing to provide MMS functionality. The suit claimed that AT&T and Apple marketed the service as being available, though AT&T responded by saying a website notice clearly stated the functionality wouldn't arrive until late summer. Now that MMS has launched, it's not too surprising to see others (read: lawyers looking for a payout) trying to hop on board the lawsuit, using AT&T's claim of a "summer" MMS launch against them because they were all of three days late. This latest suit will be grouped with the existing suits against AT&T and Apple.
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 | | I think we need a new forum. The:
"Whaaaaa! My iphone doesn't do _________"
Forum | |
|  | | | Re: I think we need a new forum. LMAO this post got me going today. | |
| | | Reviews:
 ·Verizon FiOS
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·Cablevision
| Re: I think we need a new forum. I think the problem is two-fold, 1 the user group for the iphone is very large, so regardless if it's a small percentage of people, you will see a large number of complaints.
Honestly a large number of people I know have an iphone, and most people I know who have it, love it. It's people who don't have an iphone and have never had one and love their blackberry, Treo , etc that hate the iphone the most.
But the second problem is the iphone hype, which means whenever someone says iphone people think it's news. Every smartphone has some limitation, none are perfect, get over it.
I like my iphone, is it the Godsend smartphone people claim, no
but it's the smartphone I like the most. It has limitations, Flash support would be nice. But so does every smartphone people are too damn entitled in this country, sueing because you can't send a MMS message! please I'd like to know what is so critical to that persons life that MMS message sending ability seriously affects there life.
People who bring frivilous suits like this should be publicly mocked plain and simple. Lawsuits need some sort of sanity check. | |
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|  djrobx
join:2000-05-31
Valencia, CA | I think I'd have to sue BBR for adding that forum 3 years too late.
It used to be a really long list. Now it's mostly down to "Whaaa! My iphone isn't on Verizon."
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| | |  MattAll noise, no signal.Premium
join:2003-07-20
Jamestown, NC
kudos:12 | Re: I think we need a new forum. said by djrobx:I think I'd have to sue BBR for adding that forum 3 years too late. It used to be a really long list. Now it's mostly down to "Whaaa! My iphone isn't on Verizon." Hey, I resemble that remark!  | |
| | | | | While this case might have "Merit" for breach of contract. ATT promised a summer delivery and in technical terms, it failed. Still, I'd like to sue the lawyers for wasting the courts time and for the money it'll cost shareholders as the company spends millions defending itself against this crap. | |
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| | | | | | Re: I think we need a new forum. said by Selenia:LOL this post got me going too. Anyways, maybe these fools next time will buy a phone that has the functionality they want, instead of making all our already high wireless bills even higher with this nonsense. Probably not. They all deserve a smack in the head and the lawyers need to be disbarred. I will say it again: Buy a phone that already has the functionality you want, instead of thinking you're entitled to a welfare check from the phone company at other consumers expense suing over features it never had to begin with. Seriously, would you rather crash the network with your iphones than have a late feature? btw, Google Voice mobile service is super easy to use on any phone simply using bookmarks. Even my Pantech at over $150 less-and it had MMS out of the box. I guess I am ignorant to the total number of iPhone users on AT&T's network BUT
I am not understanding how iPhone users can bring down the network as everyone seems to claim. Don't give them unlimited text messaging, limit them and gradually ease the use onto the network so you can identify trouble spots and handle them accordingly. Or is that too simple for AT&T to understand?
And I agree with Selenia - but to add to it...Apple always has this mindset that everything is supposed to work "out of the box". Well, guess what people? It doesn't work fully out of the box, otherwise why would people be jailbreaking their iPhones? | |
| | | | fiberguyMy views are my own.Premium
join:2005-05-20
kudos:3 | Re: I think we need a new forum. Now why in the world should my iPhone not have unlimited texting or picture mail while a black berry can have it? or a razer, or any other cell phone? Where in the world do you come up with that crazy idea?
The REASON that they are FEARED that the iPhone could cause service problems is becuase the iPhone USER BASE is MORE likely to utilize the phone's capabilities over other phone users. People seek out the iPhone becuase of what it can do.. people don't rush to the Razer or a Motorola phone simply becuase of the features they advertise.
iPhone users tend to be more geeks and want all the apps and to use the phone for all it's worth. If all people wanted was a phone that could make calls, text, and send a picture, they can get that in just about any phone. You take the millions of iPhone users who WILL use the phone for what it's worth and flip the switch at the same time, you're dang right you're likely to see bottlenecks.. we had problems on launch day here in MN.. messages wouldn't send...
You are right they should have phased phones in over time, not all at one time. They could have turned on phones in groups over a few weeks which would have been a smarter idea.
As for your comment about the iPhone working out of the box.. ummmmmmm, it does work out of the box. "Out of the box" it did not support MMS functionality, did it not? You can't slam the phone for not being able to do something it was never marketed on.. it wasn't able to do picture mail until the 25th.. prior to that, you could do everything they said you could.. you could make calls, text, use apps, play music, surf the internet.. what else? What you are trying to do is twist things up here to support an anti-apple rant and it's not going to work. Now, if they said "you can text" and you get the phone and it couldn't text, well, then you'd have a leg to stand on.
So guess what.. it works out of the box... Jail-breaking is borderline hacking.. nice try. | |
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1 edit | Re: I think we need a new forum. said by fiberguy:Now why in the world should my iPhone not have unlimited texting or picture mail while a black berry can have it? or a razer, or any other cell phone? Where in the world do you come up with that crazy idea? I didn't say that. I said that at first iPhone users should be limited so to ease the strain onto the network so AT&T can identify trouble spots and upgrade the towers as needed. Then after the trial then they can have unlimited.
said by fiberguy:The REASON that they are FEARED that the iPhone could cause service problems is becuase the iPhone USER BASE is MORE likely to utilize the phone's capabilities over other phone users. People seek out the iPhone becuase of what it can do.. people don't rush to the Razer or a Motorola phone simply becuase of the features they advertise. No disagreement there, but then again the only other "smartphone" platform (note not a "featurephone") before iPhone was WM and blackberry. Blackberry was targeted towards businesses, and WM wasn't marketed AT ALL. I can tell you the last time I saw a Blackberry commercial, can you tell me the last time you say an ad for WM?
One of the main reasons people rushed to the iPhone was the publicity surrounding it. Apple advertised it as a phone for the average person.
said by fiberguy:iPhone users tend to be more geeks and want all the apps and to use the phone for all it's worth. If all people wanted was a phone that could make calls, text, and send a picture, they can get that in just about any phone. You take the millions of iPhone users who WILL use the phone for what it's worth and flip the switch at the same time, you're dang right you're likely to see bottlenecks.. we had problems on launch day here in MN.. messages wouldn't send... Exactly my point, they should have gradually turned on the feature for random customers not just flipped the switch and huddled in a corner and prayed.
said by fiberguy:You are right they should have phased phones in over time, not all at one time. They could have turned on phones in groups over a few weeks which would have been a smarter idea. Agreed.
said by fiberguy:As for your comment about the iPhone working out of the box.. ummmmmmm, it does work out of the box. "Out of the box" it did not support MMS functionality, did it not? You can't slam the phone for not being able to do something it was never marketed on.. it wasn't able to do picture mail until the 25th.. prior to that, you could do everything they said you could.. you could make calls, text, use apps, play music, surf the internet.. what else? What you are trying to do is twist things up here to support an anti-apple rant and it's not going to work. Now, if they said "you can text" and you get the phone and it couldn't text, well, then you'd have a leg to stand on. So guess what.. it works out of the box... Jail-breaking is borderline hacking.. nice try. Where was copy and paste?
Multi-tasking?
I do not consider a modern OS to even be qualified as an OS without a user ability to multi-task. DOS was the last OS that I know of that couldn't multi-task. To add insult to injury, even webOSes are multi-tasking.
Please do explain how jail-breaking is borderline hacking? are you in favor or against Apple labeling all jail-breakers as criminals?
In fact Apple even advertised the iPhone as having MMS and there have been lawsuits on it: »news.cnet.com/8301-13579_3-10321437-37.html
Here is where I bring personal experiences -
My supervisor got an iPhone, it worked for awhile...but then he must have dropped it or sat on it because he had this like black blotch on the screen. Let me tell you, I have dropped my other phones and they are still working fine. Then one day the battery would only last for about an hour.
My co-worker got an iPhone and he had problems launching apps. Everytime they would launch, they would exit. The only way to fix this was to remove the last installed app. Don't know if he ever got it fixed.
My other co-workers iPhone supposedly worked fine for him.
So, 2/3 people who I personally know who have iPhones had problems with them. It could just be my dumb luck, but if you were in my position would you not think that isn't a good ratio?
My personal opinion about the iPhone and Apple. Apple could have wiped the floor with the iPhone, easily. All they had to do is have all the features they have now and allowed third party programs to be installed and you wanna see the iPhone outpass any abilities that any other mobile device has? As long as Apple has a death grip on what applications you can install on YOUR OWN DEVICE that you paid for, then I don't see it as a competitor to any other smartphone on the market. And you can't use the "well Apple is trying to protect the consumers from viruses and malware". That is BS and we both know it. Here are some stats for WM and Symbian viruses: »www.viruslist.com/en/analysis?pu···04791922
22 viruses and 186 variants. WM has been out for how long and doesn't seem to be that much of a target? Especially since you can install and run all sorts of third party programs. My point is Apple basically brands it's users as "simple" and incapable of using a simple mobile device without screwing it up to the point where they don't have full access to the file system, settings, and able to install third party programs. They even claim they haven't "rejected" Google voice because it duplicates functionality. Are their users THAT STUPID that they can't figure out the difference between using the built in calling functions and Google voice? That is the message I am getting. This is why I give anti-Apple rhetoric. To me the iPhone is not a phone, it's just a toy - at least that is again what it appears to me because Apple seems to be going on a lot of how you can play games on it.... | |
| | | | | | | Well mms has been working on iPhones for awhile, yes they had to be jailbroke. For us on AT&T network. However MMS has been availble to iPhone users since the late 2.XXXX firmwares in other countries. People like myself didn't jailbreak my iPhone so I could send mms messages I jailbroke my phone to use custom backgrounds, install useful apps that apple has nice blocked and use apps that if I was on AT&T I would violate there tos by using them over 3G however instead I use my iPhone on t-mo via a sidekick prepaid plan with a jailbreak patch that let's me use apps like skype over 3G So there are many reasons to jailbreak a phone, and if I ever decide to use my iPhone on AT&T i'd remove the jailbreak to make them happy if need be, but I dot need a jailbroken iPhone to use it on t-mobile I could go to the apple store and but a factory unlocked iPhone BTW postedthis from my iPhone | |
| | | | | | | | | | | MattAll noise, no signal.Premium
join:2003-07-20
Jamestown, NC
kudos:12 | Re: I think we need a new forum. said by Selenia:That is debatable. I always thought of the iphone crowd as more Apple fanbois than geeks. I think a geek would hate how much this phone is controlled and crippled by Apple/AT&T. I have even snuck around some of the crippling of one of my cheap J2ME phones(still there, but affects me less due to some external apps), even though it is somewhat expected in that case. Geeks like to be able to customize, optimize, and tinker. Apple fanbois, on the other hand, seem to like a pretty interface and full functioning computer out of the box. This is what the iphone seems marketed as, despite a failure to bring even some basic features. The reason it uses so much network resources are a combo of some "handy apps" and just the fact the iphone has some bad network practices for congested networks. The use is thought to be 4x a regular smartphone user. Not saying Apple fanbois are necessarily bad. I am just saying that the iphone is obviously marketed to their philosophy, not that of a true geek. I like my blackberry. I am thinking of something Android-based next. I do consider myself a true geek =) All this for naught. You should see what Jailbreaking your iPhone can do. You can SSH into your iPhone and have a full shell if you want.
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"What is conservatism? Is it not adherence to the old and tried, against the new and untried?" - Abraham Lincoln | |
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|  MysticGogetaThe Robot DevilPremium
join:2005-03-14
League City, TX | I love when a new version comes out and they feel they need to run out and spend another few hundred dollars for the new features that should have been on the phone at launch. (cough 3g mms)
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| | | MattAll noise, no signal.Premium
join:2003-07-20
Jamestown, NC
kudos:12 | Re: I think we need a new forum. said by MysticGogeta:I love when a new version comes out and they feel they need to run out and spend another few hundred dollars for the new features that should have been on the phone at launch. (cough 3g mms) Who is running out to buy a new version because of 3G MMS? The only phone that doesn't have MMS is the first iPhone that was released that doesn't support 3G. I picked my 3G iPhone up for $99 and I'm certainly not running out to buy a 3GS.
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"What is conservatism? Is it not adherence to the old and tried, against the new and untried?" - Abraham Lincoln | |
| | | | | said by MysticGogeta:I love when a new version comes out and they feel they need to run out and spend another few hundred dollars for the new features that should have been on the phone at launch. (cough 3g mms) Uhm yeah people tend to do that on everything that is sold on planet earth...
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dream your dreams with open eyes and make them come true... | |
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|  Smith6612Premium,MVM
join:2008-02-01
North Tonawanda, NY
kudos:18 | Here's a name
"Whaaaaa! My iphone doesn't play Crysis at Max Graphics" | |
| | | | | Re: I think we need a new forum. LMAO! that made my day! does iphone even have any true 3D rendering? it doesn't even do opengl does it? | |
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| |  ptrowskiGot Helix?Premium
join:2005-03-14
Putnam, CT
kudos:4 | Re: I'm not surprised. Right, and if for some reason there is a judgement the people would most likely see a whopping sum of $8.57 | |
| | | | | Re: I'm not surprised. He he he. So true. I would like to know how much the law suit is for and on what basis. Was anybody mentally distraught over this? | |
| | | bn1221
join:2009-04-29
Cortland, NY | Ten million customers get $1.57 each. Ten lawyers get $5.7 million each. That's the way class action lawsuits go. | |
| | | | | | Re: I'm not surprised. In any case, ATT will have to pay out a lot of money for being dicks, so everyone wins anyways. | |
| | | | |  ThrowDemsOutIf you can't convince 'em, confuse 'emPremium
join:2002-03-03
Mullica Hill, NJ
kudos:4 | Re: I'm not surprised. said by NeoandGeo:In any case, ATT will have to pay out a lot of money for being dicks, so everyone wins anyways. Like the customers who pay higher bills due to AT&T passing the legal costs along to their customers so a bunch of lawyers get rich?
No one wins except the scum lawyers.
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| | | | | estoverPremium
join:2004-03-16
Valencia, PA
kudos:1 | These types of comments make me sick. So long as someone else is hurt your happy. I bet your the type that laughs when an old lady falls, or you see a kid get beat up. Can you even afford an iPhone? And when I say afford I don't mean that as soon as your check comes in from what ever government agency you live off of, you could buy one if you neglect to pay your section8 rent. | |
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1 edit | Re: I'm not surprised. said by estover:Can you even afford an iPhone? And when I say afford I don't mean that as soon as your check comes in from what ever government agency you live off of, you could buy one if you neglect to pay your section8 rent. Someone is bitter lol | |
| | | | | | | | | Re: I'm not surprised. no. they are just an asshole. | |
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| | | | | | 10.57 million is not a lot of money to AT&T. | |
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| | ThrowDemsOutIf you can't convince 'em, confuse 'emPremium
join:2002-03-03
Mullica Hill, NJ
kudos:4 | said by ptrowski:Right, and if for some reason there is a judgement the people would most likely see a whopping sum of $8.57 Suits like this wouldn't be a problem if judges had a set of b**ls. Many lawsuits like this should be summarily dismissed, but judges being a part of the so-called legal profession are more concerned with providing full employment to all the ambulance chasers that dominate the lawyers guild. Therefore, the judges aid and abet this farce.
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|  PhoenixDown-- Wants FIOSPremium
join:2003-06-08
Fresh Meadows, NY
kudos:1 | I didn't have it for the first two years with my original iphone so an extra few months doesn't matter much to me.
That said, why the legendary iphone didn't support it is beyond me.
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|  jester121Premium
join:2003-08-09
Lake Zurich, IL
 ·voip.ms
| said by megatron266:The economy is doing so bad that people will do anything for a quick buck. If there's one thing I know about the legal industry, it's that nothing is "quick". It would defeat their bill-by-the-hour business model. | |
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| | Excellent!! Perfect...Sweet!! Power to the little man! | |
|  pnh102Reptiles Are Cuddly And PrettyPremium
join:2002-05-02
Mount Airy, MD | Good Grief No one who needed MMS would have bought an iPhone simply because there are plenty of other phones out there that already support this feature.
I hope this lawsuit goes nowhere.
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|  Z801 point 77Premium
join:2009-08-31
Amerika | This is why EVERYTHING is expensive From cell phones and cars to healthcare and food...these ambulance chasing lawyers are LEECHES on society. We've all seen the Sokolove type commercials and they are disgusting. I once saw a local ambulance chasing personal injury lawyer commercial where they said call us, we will tell you if you have been damaged. WTF? Not the degree of damage, whether or not you had been damaged. If you don't know, you don't deserve a penny.
Now I know there are obviously legitimate circumstances where someone has been wronged and there are good lawyers who don't practice this ambulance chasing nonsense. That said we still need a loser pays system where these lawyers after they lose have to pay damages above the lawyer fees. And for frivolous suits they should have to pay massive punitive damages to their victims for abuse of process. Currently litigation is so expensive that companies would rather settle and pay out a few million than spend even more fighting endlessly in court. And in the case of fraud (like workers comp fraud where the lawyers are in with the doctors), everyone goes to jail for 10 years and loses their licenses first offense.
Also people should have to opt IN to a class (for a class action) and not opt OUT and the class solicitation should be paid at the plaintiff's expense. Additionally there should be a cap on lawyer fees for class actions. Every time the only ones who benefit from a class action are the lawyers. Everyone else just gets stupid coupons and higher subscription fees (to pay for the coupons).
But with the politicians being owned by the trial lawyers union (or being former trial lawyers themselves), none of the necessary legal reform will never happen.
/rant | |
| |  morboComplete Your Transaction
join:2002-01-22
00000
·Charter
| Re: This is why EVERYTHING is expensive I agree with you in theory; unfortunately, there aren't any equivalent threats against corporations that have any effect. Even though lawyers are leeches on society, they serve as vital role in the checks and balances of corporations. Without them, corporations would be even more outrageous than they are now.
And yes, consumers may only get a coupon or a $2 credit on their statement while the lawyers get $10 million in legal fees, BUT that serves as a deterrent to corporations that even consider mis-behaving. Corporations must be held accountable for their actions or inactions. That means class action law suits, if they misbehave.
Class action suits are consumers only real power against massive corporate screw-jobs. The only thing that corporations care about is money, and the possibility of losing money is the only thing they respond to. | |
| | | Z801 point 77Premium
join:2009-08-31
Amerika
2 edits | Re: This is why EVERYTHING is expensive You can have "checks and balances" without the leech ambulance chasers. The people that are legitimately harmed get their day in court but these bloodsucking leeches who sue an auto mechanic because they don't have a Prop 65 sign posted or put some number on the wrong line of an invoice serve no check or balance. There is a difference between a reputable personal injury lawyer seeing damages for someone getting maimed and bloodsuckers like Sokolove and the Trevor Law Group »www.cfif.org/htdocs/legal_issues···oup.html Businesses in California have been threated by leeches like this for putting O.A.C. in an ad instead of "on approved credit" with the leeches saying they will take $5K to settle. »www.cfif.org/htdocs/legislative_···_c_l.htm And in California these lawyers didn't actually have to prove anyone was damaged by this O.A.C. thing. Is that justice? Is that a check and balance on an evil business intentionally harming customers for profit? Hardly.
These guys are all simple thug extortionists. There is a place for lawyers and a different walled and barred place for thugs in suits. | |
| | | | morboComplete Your Transaction
join:2002-01-22
00000 Reviews:
·Charter
| Re: This is why EVERYTHING is expensive said by Z80:You can have "checks and balances" without the leech ambulance chasers. what do you propose then? some alternate legal system? you seem to argue against class action suits and assume ever one that is harmed will take AT&T to court over a tiny issue, when what will almost always happen is that people will suck it up and eat the cost/inconvenience despite being legitimately wronged. class action suits are great for these millions of little cuts by corporations against their customers. it gives customers power that they do not have otherwise. | |
| | | | | Z801 point 77Premium
join:2009-08-31
Amerika
4 edits | Re: This is why EVERYTHING is expensive Yes, an alternative legal system where the loser pays and that the class opts in stating on the class action form they get mailed that under penalty of purjury they were damaged as stated in the action, instead of having to actively opt out and mail the letter back if they weren't damaged.
I would be in the "MMS class" but have no interest in suing AT&T and have not be damaged in any way, shape or form. But unless I affirmatively opt out of this class, some blood sucking lawyer gets money from AT&T's customers (since that is where AT&T gets their money) for damage that was never inflicted on me. If I just ignore the letter, AT&T pays out. That's not justice, that is greed, pure and simple.
There are times where corporations actually screw people over, but way too often corporations are victims of extortion thanks to some leech lawyers. If the leeches had to pay out big when they lose an action, they wouldn't engage in this fleecing behavior. If 'the class' and to affirm that they were damaged, a significant number of these B.S. cases would go away. No one's rights are 'taken away' except the lawyers 'right to get rich' for doing nothing other than gaming the system. | |
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 dellsweigExtreme AerobaticsPremium,MVM
join:2003-12-10
Campbell Hall, NY
kudos:1 | What about tethering?? How do you spell "Tethering" | |
| | Reviews:
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| Re: What about tethering?? said by dellsweig:How do you spell "Tethering" You spelled tethering properly.
On the lawsuit note, since they announced that it would be Sep. 25th before summer ended, wouldn't that be all they need to bring up if this ever went to court? Since they did tell all the whiners it would be late before it actually was. | |
| | | | tethering= the reason i chose not to go to iphone. what a fancy expensive brick. | |
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 NOVA_GuyObamaCare Kills AmericansPremium
join:2002-03-05 | What are the damages? I'm curious to see what monetary damages they're claiming for this, and how they're arriving at their conclusion. Is it based upon AT&T iPhone customers paying for SMS/MMS messaging capability but not receiving the MMS part? Or what-- the mental anguish of not being able to send pictures?
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After listening to his UN speech, I'm convinced that Obama has a major self esteem problem and is projecting it upon the United States. He is more concerned with winning popularity contests than with keeping us safe. | |
| | fiberguyMy views are my own.Premium
join:2005-05-20
kudos:3 | Re: What are the damages? Yea.. that would be a good question... "monetary damages"...
The bottom line is this is a weak weak weak argument. NO ONE rushed to the iPhone becuase it could send a picture.. IT COULDN'T SEND ONE BEFORE!! .. no big surprise right?
Technically, didn't they say "late summer"...? It came a few days into the fall anyway.
What's going to be worse is if any judge or arbitrator works out a deal to see that any large sum of money is paid out to this suit.
I'm an iPhone user.. personally, the cell phone isn't my life when it comes to sending a picture.. I've been able to send pictures via email just fine followed by a "check yer mail" text.. this DOES make it easier, I will agree.. but, to be honest, I don't want any of the money that comes from the case/suit.. even if they do win or settle.
Personally, I hope this goes all the way to court and ATT or apple doesn't settle on it.. HOPEFULLY this will go to court and a judge will rule against this and SERIOUSLY SLAP THE SILLY out of these idiotic class action lawyers.
Seriously, can ANYONE tell me that by settling this case, anyone's life will be enriched or better for it? ... how does getting picture mail 3 days late ruin anyone's life? If people have mental anguish for not having picture mail by the last day of summer, then maybe a fund should be set up for mental treatment for those that seriously need it - and a life to go with it.
If ATT said "The iPhone will support picture messaging" and it didn't.. and they attracted customers becuase of it, then that's one thing - and to be honest, that's an Attorney General case, not a class action case. However, people were buying the iPhone long before it could handle picture mail.. PM came available as of Friday.. now that it can perform that function, they have to ensure it works in the future.. that's all. | |
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| | Valid but lame. A valid but lame lawsuit. I switched from my razr, which had MMS, to iPhone back in may, and now finally i can send screenshots of stuff on my phone, and cute photos to cheer my girlfriend up while she's at work. 
- A
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