Judge tosses lawsuit against Apple over ‘iBrick’

“A California woman accused Apple last year of using an underhanded trick to force iPhone users to buy a newer model,” Jeff Roberts reports for paidContent. “This week she struck out in court after a federal judge concluded that Apple’s software upgrades are free and do not qualify as a sale.”

“Bianca Wofford of San Diego sued Apple last year after downloading the company’s iOS 4 operating system to her iPhone. She claimed that this software upgrade was actually a “downgrade” for her and others using the company’s older model 3G phone,” Roberts reports. “In a colorful complaint, she accused Apple of deliberately turning consumers’ 3G iPhones into slow-running ‘iBricks’ in order to induce them to buy the newer iPhone 4.”

“Steve Jobs himself promised to issue a fix that Apple released a few weeks later,” Roberts reports. “Not satisfied with this solution, Wofford went forward with a lawsuit seeking $5,000 for every iPhone 3G owner in California who had been affected by the upgrade.”

Read more in the full article here.


  1. Her 3 month stint as a receptionist at a law firm in 2003 exposed her to the big bucks in class action lawsuits but apparently didn’t expose her to conditions likely to result in a win.

    1. During those 3 months I guess she forgot who really paid for all those office lunches — the clients! I bet the $5,000 proposed award looks small compared to her legal bill.

  2. I agree with this woman wholeheartedly. The only thing she lacked was mountains of money to tackle Apple’s high priced lawyers.

    I own a 3G. Apple forced me to upgrade to iOS4 under threat of discontinuation of my MobileMe Sync services, turned my 3G into a delay ridden slug, then discontinued MobileMe anyway, and still offers no path to downgrade back to iOS 3.

    I was perfectly happy with my iPhone until forced to upgrade to iOS 4. All I want is iOS3 back on my 3G iPhone *without* having to jailbreak. It *is* possible, they just won’t support it, for the sake of profit.

    1. Um… Okay, I can see you being upset at the time. (Although the summary says Apple fixed the issue shortly after iOS 4 was released, so I still don’t see what your problem is.)

      But today? Isn’t your iPhone 3G getting a little long in the tooth? It’s over 3 years old. Realistically, you’ve gotten your money out of it. Time to upgrade and move on.


    2. Hell, buy my 3G. It’s on Craigslist for $130 — and is still running 3.1.2! No kidding. Never updated. Looks like new. Maybe I should raise the price to…. $5,000?

  3. !!DING!! Your 15 minutes are up!
    You lose. Quit whining, go home and think about all the time, effort and money you wasted ’cause you don’t understand technology.

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