Apple sued for ‘deceiving’ people about iPhone, iPad storage

“Apple is facing a lawsuit over the amount of space that the iOS 8 update takes up on iPhone, iPads, and iPods,” Adrian Kingsley-Hughes reports for ZDNet.

“The complaint, filed in California by Miami residents Paul Orshan and Christopher Endara, claims that the 16GB iPhones and iPads they purchased had less than the stated amount of usable space, and that this was further reduced after upgrading his iPhone 5S from iOS 7 to iOS 8,” Kingsley-Hughes reports. “The complaint claims that iOS 8 can occupy more than 23 percent of the storage available on some devices, and further goes on to claim that upgrading devices from iOS 7 to 8 can cause users to lose a further 1.3GB of storage.”

Kingsley-Hughes reports, “The complaint says. ‘Rather ironically, Apple touts iOS 8 as ‘The biggest iOS release ever.’ Of course, Apple is not referring to the literal size of iOS 8, which appears to be entirely undisclosed in its voluminous marketing materials extolling the purported virtues of iOS 8.'”

Read more in the full article here.

MacDailyNews Take: From Apple’s iPhone webpage, verbatim:

“Actual formatted capacity less.”


  1. Formated Hard Drive ( storage) capacity has NEVER been the same as pre formatted capacity due to formatting and/or installed system software, since the advent of computers. Dummies.

      1. Rob has been hypercritical and upset since he fell for Lipozene’s ads, which promised he would lose weight while still eating his favorite foods and without any required change in exercise.

        Now he expects that he can upgrade to a more powerful operating system and not pay with less storage space.

        @ Rob: Except in (very) rare instances, upgrading to a more powerful operating system typically leaves you with less room for storage. This phenomenon will always disproportionately affect the least expensive, smallest-storage Apple device you bought at Walmart.

        As regards your bitter disappointment with Lipozene, just remember: no pain, no gain.

        As iPods, iPhones, and iPads achieve greater penetration into the consumer market, ” rel=”nofollow”>less sophisticated consumers will come to the fold who have expectations that they can have their cake and eat it too.

        1. i have created this REALLY TINY OS that comes in an encrypted file of just one byte in length. It is really remarkable. I have included every feature in my new OS that comes in iOS, OS X, Windows 10, Android, and Linux. . . and it is completely secure, completely bulletproof as well as having the most amazing User Interface ever created!

          I will let you download the OS for FREE! It is amazingly quick to download, considering it is only 1Byte in length!

          The 18GB key to decrypt the OS File is only $2000.

          But the OS is FREE! Trust me.

    1. You (and all those rating-clickers siding with you) apparently don’t know the difference between the space lost to “formatting” and the space lost to “installed software, including OS.”
      Formatting results in an apparently EMPTY disk, that nevertheless has less available capacity than the physical hardware, because the file system takes up space.
      Installing an OS and other pre-installed software takes up additional space. So, “actual formatted capacity less” has nothing to do with informing customers how much space is used by the OS and pre-installed software.
      Point of information: I remember MDN and others rightly criticizing Microsoft for how much space was was taken up by the OS and pre-installed software on their Surface tablets. I’m not saying that this lawsuit should win or that Apple’s software isn’t worth the space it takes up, but can you at least not throw out irrelevant comments (that includes the MDN Take on this one, unfortunately)?

      1. Microsoft hardware took up more than half of the Microshit phone’s capacity, hence MDN and others criticism – Viva le difference.

        Do you know what a / stands for when it sits between two words ie:c comprehension/corolation…?

  2. The “formatted capacity” noted in MDN’s take is before anything, even the operating system, is put on the disk. The suit is about less space after something new, a larger operating system, is put on the disk. I still think the suit’s ridiculous but MDN’s take is not relevant to the suit.

    1. I suppose there would be a case if there is a significant percentile loss of usable storage space, especially in lower GB models that Apple continues to sell. Just as a gauge, what does everyone feel is an acceptable percentile loss of storage space due to OS upgrades over the life of a product with no onboard options to expand storage space?

      1. That has nothing to do with the lawsuit. One of the plaintiffs bought a brand new iPhone 6 and is suing because it does not have 16GB of free space for HIS documents, music, and pictures available for HIS use. He says he has been cheated out of his expected storage space by Apple and that Apple is pressuring him to buy additional “storage” space for his music, apps, documents, and pictures on iCloud. Ergo, he is suing for his suffering and economic damages.

        The actual installed size of iOS 8.1.2 after deducting for all the Apple Apps that come with an iOS such as Safari, Mail, Camera, Contacts, Passbook, Settings, FaceTime, Clock, Caledar, Notes, Reminders, App Store, Phone, iTunes, Tips, Health, GarageBand, Music, Calculator, Video, etc., is between 1.1 GBs and 1.4 GBs. That’s 6.875% or 8.75% of 16GBs. . . hardly 23.1%.

        Nor does Apple “push” people to buy extra storage in “desperate moments.” Using the extra storage is not so interactive as the plaintiffs want the public to believe. . . it is used for back-up and also for iCloud sharing. . . But it will not help in moments of desperation to buy an upgrade to the free 5GBs of space an iCloud user gets merely for signing up. Adding 20GBs more space will NOT free space on the device without additional action by the user, and certainly not instantly, so that the user can capture little johnny’s kindergarten graduation ceremony. It just doesn’t work that way.

        That kind of preparation can be handled by merely archiving your photos to iPhoto on your computer, and then deleting them from the iDevice’s Camera Roll. Or, if one needs instant space for little Johnny’s kindergarten graduation, simply delete a few unused apps, which can be re-downloaded for free later from the App Store (they’ll be there waiting for you), and take Johnny’s pictures! Problem solved.

        In any case, this class action case is ridiculous.

        The plaintiff’s attorneys are also arguing that Apple is using the wrong terminology. They don’t like Gigabytes! They want Apple to use Gibibytes. . . an obscure term referring to digital capacity they claim consumers would be more familiar with. Here is part of the pertinent lines from the complaint:

        10 12. As noted above, although Defendant advertised based upon the decimal-based

        11 system of measurement, upon information and belief, the Devices display available capacity

        12 based upon the binary definitions. This is confusing even to the technically savvy because it

        13 prevents consumers from making the proverbial “apples to apples” comparison. Exacerbating

        14 this confusion is the fact that rather than using the GiB representation, as suggested by the ISQ,

        15 the graphic interface used on the Devices uses the abbreviation GB, even though it is apparently

        16 referring to gibibytes and not gigabytes.”

        Source — Paul Orshan and Christopher Endara, Individually and on behalf of all others similarly situated, Plaintiffs, v. Apple Inc., Defendant

        1. Didn’t know that OS 8.1.2 was that small and that you could actually remove all the apps that come with IOS.. Nice to know.. Has anyone actually done that to see if you can really get the iPhone down to just the OS w/o apps to confirm the claim? Also does the IOS8 upgrade automatically either add or update installed apps to compatible larger footprint versions where necessary?

          Funny no one chimed in with their personal ‘cutoff” for acceptable storage ‘loss’..

          1. People who “jailbreak” their iPhones do it all the time. I am not suggesting it, but you can do what ever you want. Of course, you don’t own an iPhone, being an Android phan.

  3. wow, 23%, wasn’t their an article earlier (last) year about how windows 8 mobile or samsung’s BASE installed mobile system with all the installed crapware used 40-55%!!! (of either the 8GB or 16GB?? model) of the stated capacity available before the customer even powers up the device?

    1. My neighbor’s 16GB iPad mini has iOS 8.0 consuming 5GB. Installing iOS 8.1 requires that an additional 5GB be free. That is 10GB out of 16GB or 62.5%. This true-to-life Apple scenario sucks much worse than your Windows/Samsung/not-totally-identifiable scenario.

      1. However, not that much space is permanently used once installation is complete, if I understood correctly. That’s the difference. You just need to have that much space available to install it.

      2. Uhh, excuse me, but if you plug your iPhone or iPad into your computer and do the update through iTunes you don’t need all that space. Maybe someone might even try reading the instructions once in awhile? Just a thought.

      3. You neighbor as did mine need more space to install iOS 8. The issue is when the image file is downloaded it is compressed, when the install begins that image file needs to be expended, same as with many ZIP files. After the install all unneeded files are deleted.
        Here is the workaround, download within iTunes, then the expansion is accomplished there then installed into the device. After that all unneeded files are deleted. That is how I was able to help my neighbor and family members install iOS 8 on their 16 GB device that they purchased to save a few dollars over the 32 GB device.
        Also, this is not just an apple issue, it a any device issue from any vendor.

      4. No, an iPad uses approximately 3.1 gigabytes for the OS. Not 5. That is an install space requirement. You really do not know what you are talking about. I own both iPhones and iPads. I DO know what I am talking about. Quit sticking your ignorant oar in before you drown in your own idiocy. Of that 3.1 Gigabytes, only 1.1 Gigabytes are OS. . . the rest is allocated to Apple Apps: Safari, Phone, Mail, IMessage, Weather, Camera, Passbook, FaceTime, Photos, Calculators, Stocks, Maps, Clock, Contacts, Calendar, Music, App Store, iTunes, Videos, Podcasts, and Notes.

      5. Uh, George, you’re as big a dimwit as these idiot plaintiffs; you have to have that space free to enable the installation to take place. After installation, the actual space taken up by the OS is much smaller.
        This is, and always has been, a fact of life when installing an OS on any computer, as I understand it.
        Try learning a few facts before showing the world that you’re a jackass.

  4. I’m so sick of these Troller Scumbag Lawyers and their clients whom I noticed in many cases are also Scumbag lawyers looking for a payout by Apple. God forbid they should have been born with any talent to create anything cool or contribute somehow to the betterment of society. I rate these pigs lower than a used car dealer selling an old lady a lemon. Even if they somehow win… what legacy do they leave behind other than money-sucking ball-sacs!

      1. Fact checking has gone the way of the dodo. Worse, news reporters these days seem severely technology/science challenged, if not illiterate. Worse still, editors emphasise sensationalism to promote page hits. Worst of all, readers fail to exercise critical thinking skills. – I read it on the internet, so it must be true!

    1. They’ve sued before over the advertising of Megabytes not being million bytes but larger. The suit lost because of industry practice. It is basically res judicata, i.e. already decided. . . and the principle is the same in this case. These plaintiffs are also bringing that up claiming that Apple is using Gigabytes when they claim they should be using GiBiBYTES. . . digital numbering rather than decimal numbering. They claim that consumers would be better informed by using Gibibytes, or 16GiB rather than 16GB in the advertising. As I said res judicata. Already decided. I doubt there is even a tech out there that uses Gibibytes in ordinary usage. They are attempting to snow storm the court in technical terms.

  5. MDN is correct.!
    For the non-believer use this procedure-
    Go to and click to the iPhone 6 page. Notice the footnote number “2” on the capacities available. Then go to the BOTTOM of the iPhone 6 page and look at “footnote 2”.
    Read “footnote 2”!
    …..yeah its deja vu all over again….ummmkay!
    Now the attorneys need to STFU!

      1. Your “true-to-life example above” is totally bogus. We have these devices and know you are lying. Quit trying to snow us with bull shit.

        “When it doesn’t make sense, it’s a lie.” —Judge Judy.

    1. Perhaps the entire industry has to go back to how Commodore handled the ‘situation’ when they came out with the C64.. In the Vic-20, 16K of memory was available of the 20K onboard due to the OS.. With the C64 (and the subsequent C128) you actually got all 64(128)K.. Separate out the OS storage space from the storage for everything else..

      1. No, you did not. I programed for the C=64 and you are completely wrong. The first 2048 bytes were reserved for system, default screen memory, and commands. The next 38911 bytes were available for user programs in Basic. Part of this area was shared with an optional Cartridge ROM. . . after that was the BASIC ROM assigned. Then Character RAM of 4096 Bytes, plus special lower case character RAMm another 4096, Upper case RAM 4096, then special characters, 4096. . . then there is the VIC -II memory area with registers for a host of other things like Sprite coordinates, pen registers, etc. Screen raster control, interrupts, borders,etc., Then the SID and Audio registers, then a section for COLOR RAM followed by the CIAs for inputs from the keyboards, joysticks, and analog paddles, time of day clocks, and then I/O, and finally the KERNAL 8096 bytes.

        Sorry. Of the 64K on the C=64 only 38K was available for user programing. 59%

        1. I also have programmed on the c64 and I stand by my statement of having use of 64K.. I acknowledge that a large chunk is not available normally as you say.. The thing is that on the c64 and subsequent C128 you actually had 64K or 128K with an underlying firmware ROM with the OS on it.. On startup of either system the RAM memory addresses you identified above for all systems resources are pointing to their corresponding ROM counterpart addresses. This allowed you to overwrite any of those addresses with POKE commands safely. If you’ve programmed as deeply as you seem to indicate you would understand. I’m not saying that you wouldn’t screw yourself if you didn’t know what you are doing. Just that you had the memory available to use if you chose to overwrite parts of the OS you didn’t need for your program to work even to the point of overwriting the entire OS similar to what GEOS did if you remember that piece of software. I think GEOS can lay claim to the first instance of drag and drop of a document icon to the printer icon to print.

          1. Oh BS, Xennex. You did not. You could poke or Peek those locations but you could never overwrite them with your own code. Many of them, as I listed for you were the hardwired ROMs of the character maps, the screen locations, etc. The system would NOT work with any of those disturbed, Go look at the memory maps. I just reviewed them to see if MY memory map was being forgetful. It was not. You could exchange out the BASIC interpreter for a ROM cartridge, yes, but not anything else. I do remember GEOS, a very nice piece of work. But it did not re-write the entire 64K. Sorry, you lose.

      2. On the VIC-20, it came with only 5KB of RAM. . . so again you are wrong, Xennex1170. . . and only 3.7KB of it were available for programs. I wrote a machine language Roulette Wheel simulation for the VIC-20 that used all but ONE BYTE of the available RAM. . . and when I revised the program to use that one byte, the program would not run. For some reason the system needed that one byte free for any program to run. But the point of this post is to demonstrate that you don’t know what you are talking about through your hat. Do you always pull ‘factoids” out of your nether sphincter just to slam Apple? Apparently you do because i see you post twaddle all the time.

        1. Exactly! I too wrote for C-64. I had to pack multiple instructions per line of code, and use command tokens wherever possible in order to conserve the 38K of available application memory so that my stock market simulation game would run. I had to store files on the floppy drive and read them into memory when needed rather than have them permanently reside in RAM because there simply wasn’t enough room in RAM. Swordmaker is absolutely correct about C-64 memory.

          1. Ah fun days.. I guess there weren’t many C64 programmers that went and POKEd the OS areas of memory much. I remember tokenized commands well. 😀 Since all I needed to ‘restore’ the c64/128 was to turn it on and off, some of the programs I wrote back then POKED graphics data into odd parts of the system that weren’t needed in the program I was running. 😛 Jim Butterfield was a GOD.. 😀

            1. I remember making all of my inputs peeked/poked commands querying the keyboard for each keystroke so that I could disqualify inappropriate commands for any given scenario. If the desired inout was numeric the keyboard simply wouldn’t accept alpha characters, etc. I also poked the OS to kill any keys on the keyboard that would interrupt the processor. That was part of my copy protection scheme. Also, the first thing the program did was read track 0 on the floppy disk and if it didn’t match what the original disk had on it then it reformatted the offending disk. This prevented anyone from simply copying the disk, since track 0 didn’t copy. I also used delete characters in the disk name stored in track 0. That way if someone was able to examine the track 0 entry it looked to them as if it read something different than it actually contained. All of this was inspired by reading people like Butterfield.

            2. I didn’t do anything as complicated for my disk protection with track 0.. I simply hid the directory so unless you knew the exact name of the file you couldn’t load it. I would give them a ‘start’ program offering a menu of what was on the disk with a password for each disk that would give you a few chances before deleting the disk. None of the people I dealt with had extensive knowledge so I took the ‘simple’ route. 😀 When you typed in the Commodore balloon sprite example in the user manual for the first time did it come out right? I think there was a bit that was wrong in mine so it was my first real experience debugging. 😀

          2. Xennex is dancing as fast as he can, now claiming he programmed on the C=64 and C=128 computers and sticking to his story that the full 64K and 128K were available on those platforms for programs. . . Hilarious!

        2. The Vic-20 had 16K of RAM and you are right that normally you will not be able to use more than 3.7K or so writing your BASIC program. But as I have commented also below, the Commodore computers have been built with RAM that has ROM firmware below. This allows you to actually use that memory if you are skilled enough w/o permanently disabling your computer.

          1. Again, the VIC-20 came with only 5K of RAM. . . but you could purchase a 16K expansion module that plugged into the ROM socket. You don’t really remember any of this do you? Where are you getting your history? A cereal box? I programed for the Commodore VIC-20, the C=64, the C=128, and the Amiga (on which I ran virtual Macs) before I moved over to the Mac. There’s not much I don’t know about those platforms. . . and have run a cross platform Windows/Mac support and consulting business for businesses for almost 40 years. I wrote a fully functional accounting package including payroll for the C=64/128 platform. So don’t try to snow me. . . on any of those platforms. So far you’re blowing a blizzard.

          2. From the Wikipedia article on the Commodore VIC-20 computer: “The VIC-20 had 5 kB of RAM which was netted down to 3.5 kB on startup (exactly 3583 bytes). This is roughly equivalent to the words and spaces on one sheet of typing paper, meeting a design goal of the machine. The computer was expandable up to 40 kB with an add-on memory cartridge (a maximum of 27.5 kB was usable for BASIC). Although the VIC-20 was criticized in print as being underpowered, the strategy worked” Damn my memory, that 40kB citation jogged my defective wetware and I now recall I did buy a 40KB cartridge for my VIC-20. . . and a month later bought a C=64.

      3. I had an Itereract computer with a built-in cassette tape drive. The computer had 16KB of memory with the basic boot up code in firmware. However, when you loaded BASIC to do a little programming, it only left 4698 bytes free. I remember trying to cram a tank battle game into that space…futile.

        Back to the subject, Apple has issued the necessary disclaimers. The Apple iOS situation is far better than the Windows RT device storage controversy, as mentioned above.

        Even thought am an Apple shareholder, I would prefer that the company sacrifice a little gross margin and boost its minimum storage to 32GB for the same price. That would also result In fewer upgrades to the midrange model, but that is OK, too. Because Apple is about the user experience, and a user is not happy when constantly battling storage limitations. Apple devices are multifunctional and that type of flexibility requires extra storage to be fully functional.

    1. Are they implying that the customers don’t get to use the OS? That is part of the storage they are using. Perhaps Apple could delete the OS for them then they would have 100% available for selfies and such.

      1. Sort of like buying a car and complaining that advertised passenger space is misleading …since you lose one place for the driver ! Worse for sports cars, too.

        Where do these people come from ?

    1. More like suing Scott Paper because they sell a roll of toilet paper claiming 1000 sheets per roll and in your complaint stating you did not get any where close to 1000 uses and wipes from the roll. . . That you counted the number of times you were able to use the roll to wipe your ass and only got 800 wipes. Shall we say these plaintiffs would be a tad anal?

      I have this picture in my mind of our anal plaintiffs using one sheet per visit. . . and now I cannot get it out of my mind. Thanks loads, Frank. (Pun intended.)

  6. It would be nice if Apple would let you downgrade iOS to the older version if you don’t like the new one or it take to much space or to slow or bad wifi or whatever Duh

  7. Apple should send an engineer out to visit these clowns.

    He should then completely wipe their phones (not even formatted)

    Then he should get out a black permanent marker pen and write the exact number of bytes on the back of the phone, then tell them to fuck off!

    1. Yes, this is particularly important for the lower GB devices since the same OS footprint is a larger percentage of available space. Perhaps a new policy should be made that if the OS will take more than 10% of stated space that the device can no longer be advertised at the total storage space. Happened before with the iPhone 4G and actually having 4G connectivity in some countries.

      1. Do you actually know how to breathe? Eat?

        WHAT iPhone 4G? I know of know iPhone called an iPhone 4G. Apple had models that were capable of what was known in some countries of what was erroneously called 4G by the carriers in those countries, but was not available in certain other countries that only offered 3G coverage. There is no service actually providing 4G service anywhere in the world. 4G is an advertising name that CARRIERS use for the 3.75G LTE which is not yet meeting the requirements of 4G. Apple uses LTE. The iPhone 4s was capable of LTE connectivity, but the carriers in those countries DID NOT OFFER that connectivity. Apple simply made certain that it’s world wide advertising that included it’s LTE/4G claim—which which was literally true in that the iPhone 4s was capable of that function—was not released in Australia, the country that had complained because THEY had not yet approved that bandwidth in their country.

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