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Thu, Sep 02, 2010 - 01:24 PM EDT  —  AAPL: 250.03 (-0.30, -0.12%)  |  NASDAQ: 2186.18 (+9.34, +0.43%)

Apple hit with class action lawsuit because iPad does not work ‘just like a book’ as claimed
Thursday, July 29, 2010 - 11:25 AM EDT

invisibleSHIELD case for iPad"A new class action suit filed in California takes issue with how the iPad shuts off automatically if it overheats. In particular, however, the suit claims that the marketing phrase 'reading on the iPad is just like reading a book' is misleading, and that Apple is therefore engaging in fraud and misleading consumers," Chris Walters reports for Consumerist.

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"The suit argues [in part]: 'Indeed, according to the http://www.apple.com website, '[r]eading on iPad is just like reading a book.' However, contrary to this promise, using the iPad is not 'just like reading a book' at all since books do not close when the reader is enjoying them in the sunlight or in other normal environmental environments. This promise, like other portions of APPLE's marketing material for the iPad, is false,'" Walters reports.

Walters reports, "The suit goes on to say that the iPad is "virtually unusable" outdoors in direct sunlight because it turns off 'sometimes after just a few minutes of use,' and that nowhere in its marketing or sales materials did Apple warn consumers about this."

Read more in the full article here.

MacDailyNews Take: Every iPad ever shipped comes with Apple's "iPad Important Product Information Guide." It's also online via Apple.com here. If the claimant and his ambulance chasers had RTFM, they'd have seen this rather crystal clear statement:

Keeping iPad Within Acceptable Temperatures Operate iPad in a place where the temperature is between 0° and 35° C (32° to 95° F). Low- or high-temperature conditions might temporarily shorten battery life or cause iPad to temporarily stop working properly. Avoid dramatic changes in temperature or humidity when using iPad, as condensation may form on or within iPad. Store iPad in a place where the temperature is between -20° and 45° C (-4° to 113° F). Don’t leave iPad in your car, because temperatures in parked cars can exceed this range. When you’re using iPad or charging the battery, it is normal for iPad to get warm. The exterior of iPad functions as a cooling surface that transfers heat from inside the unit to the cooler air outside.



Related article:
Apple sued over claims iPad overheats in warm conditions - July 27, 2010

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Jul 29, 10 - 11:33 am Comment from: whatever

and mine broke when I tried to fold the corner down to mark my place.

Jul 29, 10 - 11:35 am Comment from: ploogman

wow that is so ridiculous
i bet there are a lot of sham cases like this
it will get rejected right away hopefully

Jul 29, 10 - 11:37 am Comment from: caddisfly

stupidity continues to reign....this is the antenna-gate attitude .....it doesn't work exactly like I want it to...don't take it back...SUE!

it actually works better than a book.....12 books read and counting....maybe apple should sue me to get more money for the device for exceeding its marketing verbiage

Jul 29, 10 - 11:38 am Comment from: Metryq

And the iPad doesn't have paper pages where I can stick my favorite Twilight bookmark! I'm gonna sue!

Jul 29, 10 - 11:38 am Comment from: Greg L

This isn’t about protecting consumers. Certain law firms specialize in shake-down lawsuits. If Apple fights this, no litigants get anything. If Apple caves to the B.S. to just get the nuisance out of their face, customers of the iPad might get a $35 Apple Store credit. But a handful of *special* complainants will split up $350,000 of monetary award, and the law firm of Vulture, Parasite & Leach will get $175,000 plus $500 per over-billed hour.

And these sort of attorneys are *working* and *thinking* about the case (at $500/hr) when their shaving and taking a dump in the morning. So their hourly billings for the “huge” staff they have dedicated to this day & night really helps the partners to buy their BMWs.

Jul 29, 10 - 11:38 am Comment from: Yves

Only in America...

Jul 29, 10 - 11:38 am Comment from: Jerryk

And another stupid lawsuit eats away money for no good reason. To the iPad's benefit I do not lose my page when the wind blows or I drop the book, some one pulls my book mark out..... Sooner or later we'll get that this needs to stop.

Jul 29, 10 - 11:40 am Comment from: 5280420

Oh brother. Yet another frivolous lawsuit against Apple.

Jul 29, 10 - 11:40 am Comment from: ET

Solar collectors are black with a glass cover for a reason. Anyone who actually does not understand that black glass will get too hot to touch in direct sunlight deserves to get burnt.

Some lawyers, and nerds, need to get out in the sun more often so they understand the basics of nature a little better.

Jul 29, 10 - 11:40 am Comment from: LeftCoastDude

I can't rip the pages out of my iPad to wipe my ass. WTF am I supposed to do on a camping trip?

Jul 29, 10 - 11:40 am Comment from: M.X.N.T.4.1.

There will be people complaining that the iPad makes their book burning ceremonies impossible next.

Jul 29, 10 - 11:41 am Comment from: iMaki

Works just like a book to me! Don't like it? Return it ya friggin' whiners! Lawyers should have to work 2 days a week as speedbumps!!

Jul 29, 10 - 11:41 am Comment from: Greg L

Attorneys are like guns: If you get into a gun fight, you wanna have a bad-ass gun that makes the others crap their pants.

And just like guns, attorneys really ought to be safely locked away most of the time to keep society safe.

Jul 29, 10 - 11:41 am Comment from: balanced

that's funny my wife just hit me with a lawsuit, cause she can read me like a book. wink

Jul 29, 10 - 11:42 am Comment from: RLB

How more litigious and inane can we get re ""just like a book.". And I have had the same message come up, but only when I turned face down on the front seat of my car for about 20 minutes. And the heat was magnified greatly because of the sun shining shining through the windshield and it wa 99 outside that day.

As an attorney myself, I am ashamed that there are se still hoping for the big publicity break on the way to fame and fortune. No large-city, large law firm would touch this case.

Jul 29, 10 - 11:44 am Comment from: Ray

We can only hope that as M$'s profits drop that they will not be able keep financing these lawsuits.

just my $0.02

Jul 29, 10 - 11:45 am Comment from: m159

If you create a big block of cheese, every rat that crawls past will try to chew a piece off it.

I would like to see the outcomes of these sorts of suits.

Jul 29, 10 - 11:48 am Comment from: Ubermac

All this curtesy of the millions of lawyer that infest this country, the halls of Washington and the pockets of your politicians.

Jul 29, 10 - 11:49 am Comment from: John

Judge please throw out this lawsuit under the STUPITY ACT!!
If a customer is that stupId they need to have a restrainig order to prevent them from using high tech.

Jul 29, 10 - 11:49 am Comment from: Smelltheglove

The US needs to adopt a "Loser Pays" system such as in other countries. This would GREATLY evaporate these silly lawsuits. Of course the Trial lawyers Assoc lobby is so powerful that they would NEVER allow this to happen.

Jul 29, 10 - 11:51 am Comment from: qka

I bet if you threw an iPad at this bozo's head it would work just like a book.

Jul 29, 10 - 11:59 am Comment from: Adam Williams

All the "highly intelligent" people buying the iPad are not fucking retarded enough to misinterupt the phrase "just like a book." Of course this machine is not going to magically form pages for me to flip

These lawsuits are just disgusting. Will we ever reach a point where judges throw out these absurd cases?

Jul 29, 10 - 12:00 pm Comment from: Da Judge

Judges can dismiss cases they find to be frivilous or without merit. The best way to put an end to this is for Judges to start throwing these cases out regularly without compelling evidence otherwise.

Jul 29, 10 - 12:01 pm Comment from: rancher

Shakespeare said it best: "First, kill all the lawyers"

Jul 29, 10 - 12:02 pm Comment from: MacRick

It reads so much like a book that I have, on more than one occasion, reached up to the top right corner to grab the edge of the "page" in preparation for turning it and then realized what I was doing.

Jul 29, 10 - 12:03 pm Comment from: His Shadow

It's painfully obvious more USAnians should just kill themselves and save the rest of the world's precious oxygen and water. It says "like reading a book", fucktards. Not owning, operating or carrying. Reading. There are pages, words, possibly pictures (probably lots of pictures in the books these retards are reading). No wonder the US is a hotbed of junk science and anti-intellectual politics. A disturbing chunk of your population is too fucking stupid to own technology.

Jul 29, 10 - 12:05 pm Comment from: Figurative

Yeah and the iPad is not made out of paper, glue and ink either.

Jul 29, 10 - 12:08 pm Comment from: @ His Shadow

Dude, back off the hate.

Jul 29, 10 - 12:10 pm Comment from: Hedge funds suck

Just another negative headline that does not mean squat but will tank the stock, screw them all.

Jul 29, 10 - 12:13 pm Comment from: theloniousMac

Do judges EVER throw this crap out?

Jul 29, 10 - 12:15 pm Comment from: misterME

Yeah, but the problem is if this gets in front of some political, spotlight-seeking judge, it won't get thrown out. He or she will just let it proceed in the hopes that they can be the one who "took down the mighty Apple".

A tragedy (or, I suppose, travesty)...

Jul 29, 10 - 12:18 pm Comment from: It's About Time

Very disappointed book pages don't blow in the wind while I'm reading. I'm calling my lawyer. wink

Jul 29, 10 - 12:20 pm Comment from: lobodave

Can someone define the precise meaning of "just like reading a book?" To my knowledge the concept is and will remain a concept without a precise meaning; ergo, what is the basis for a lawsuit. Bunch of nut jobs hoping for a free ride on Apple's hard work and creativity!

Jul 29, 10 - 12:21 pm Comment from: Just like a book

If sit outdoors while staring into the sun, I can't read an iPad or a paper book.

Jul 29, 10 - 12:23 pm Comment from: Ankh

Light aside, try reading a book in the dark. iPad can.

Jul 29, 10 - 12:25 pm Comment from: Book Mark

Apple should stop selling their merchandise to morons and retards, no matter how much money they have when they enter the store.

Or better yet. Let them take a IQ and reading test to see if they can cope with all that technology.

When they pass the test, they are allowed to enter the store.

MDW : six, as in Six at a time.

Jul 29, 10 - 12:26 pm Comment from: iMaki

To Shadow, don't forget to wipe your a$$ thoroughly now, ya hear? 8)

Jul 29, 10 - 12:34 pm Comment from: Studio8H

Is there no end to this idiocy? What perversion of the legal system.

Jul 29, 10 - 12:35 pm Comment from: DRMSSB

I'm all for legitimate consumer complaints about devices and false advertising.

This is not even close to being one of them. Are they not aware that the iPad is an electronic device? Since they obviously are, the claim of fraud is totally donkeyness.

Jul 29, 10 - 12:38 pm Comment from: Galloway

Can I get class action status on a lawsuit against the client and lawyers who created this case for their complete perversion of the American legal system?

Jul 29, 10 - 12:39 pm Comment from: scott

so what damage to any person is being done? Advertising isn't always truthful? Stop the presses. When I bought my 2008 Civic, it told me I'd get 35MPG highway and sometimes I get 32 or 33. I'm not going to get all upset over it. Who ever thought electronics work well in heat over 100 degree heat.

Jul 29, 10 - 12:47 pm Comment from: MDmac

Here is a suggestion:

Lets each of us send an email to Scott Cole & Associates

http://www.scalaw.com/firm/professionalProfiles/scottcole.php

Jul 29, 10 - 12:48 pm Comment from: TheConfuzed1

"However, contrary to this promise, using the iPad is not 'just like reading a book' at all since books do not close when the reader is enjoying them in the sunlight or in other normal environmental environments."

Environmental environments? Wow... That is a very poorly structured comment!

Jul 29, 10 - 12:58 pm Comment from: macslut

It's interesting that this has never come up before.

Every single Apple device currently sold has an operating temperature max of 95F.

That's all the iPods (Shuffle, Classic, Nano, touch)
All the Macs (mini, iMac, Mac Pro)
All the portables (MacBook, MacBook Pro)
All the iPhones and the iPad

The Kindle has the exact same operating temperature specs, but even more strict storage specs.

The top selling netbook on Amazon right now, the HP Mini 210-1030NR 10.1-Inch, doesn't list an operating temperature range *anywhere*, but in the manual states "avoid using in extreme hot or cold environments".

Zune: 95F maximum operating temperature.

Nook: Max Charging 95F - Operating 104F

Sony eReader: 95F max

As I looked for these, I have to add that finding the operating specs was far easier for the Apple products than any other. HP didn't give them at all, and most of the others weren't listed on the website itself...you had to download the manual and search there.

The iPad seems to be reasonably spec'd compared to other similar products, and Apple does a reasonable job of publishing these specs and making them available prior to purchase.

So please don't feed the lawyers.

Jul 29, 10 - 01:09 pm Comment from: Fretboard

This lawsuit is bunk. Eskimos can't use the iPad because it's too cold where they live. If one of them buys one by mistake, can he sue too?

http://iPadNewsUpdates.com

Jul 29, 10 - 01:09 pm Comment from: Hunh?

Whoa! Wait a minute! You mean you can sue a company if a product you buy doesn't work properly or as advertised... Jeez! You mean I could've sued the company that made that kitchen banana hanger that I recently bought and returned because the post didn't screw into the base properly. Sonofabitch!!! I could've been swimming in the dough!

Ooh! maybe I'll go buy a candy bar, bring it outside, watch it melt in the sun, then try to eat it and make a mess of my hands and face and then sue the company because their candy bars fail to function in the hot sun. Ka-Ching $$$$

Jul 29, 10 - 01:11 pm Comment from: Fretboard

...also...anybody who takes a black metal box with glass on top of it, filled with metallic components out in the sun and doesn't expect it to get hot is an idiot. It's as simple as that.

Jul 29, 10 - 01:13 pm Comment from: Hiflier

This so-called news every day sounds more and more like a witch hunt against Apple. I have said over and over being an Apple products user I have never been disappointed with their products, customer service or tech support. To me these stories are simply are a reflection of both ignorance and professional jealousy. How many of us would be so proud to work for an employer such as Apple? My humble 2 cents.

Jul 29, 10 - 01:22 pm Comment from: Harvey

1. Apple didn't advertise that reading on the iPad is the same as reading a book, they advertised that reading on the iPad is "just like" reading a book. In other words, they said it is very similar, not identical.

2. It is obvious to everyone that the iPad is not a book.

This is a frivolous lawsuit. The plaintiffs are not witches, they are opportunists.

Jul 29, 10 - 01:30 pm Comment from: DarkTank

Frickin morons people can't stand that apple is better so they have to bash apple thinking it's going to affect anything but in reality, my iPad does work like a book and it doesn't overheat and shut down my ipad works fine and I do read books on it and it's better than an actual book on my iPad I can bookmark where I left off without ruining my ipad

Jul 29, 10 - 01:50 pm Comment from: bbock

Nothing in Apple's operation guidelines says you can't use it in sunlight. I have seen mine shut off in sun light. The ambient temperature was in the upper 70s or lower 80s and I was not in a confined space. I was within the operational parameters. MacDailyNews is full of garbage on this.

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