Bitcoin Forum

Bitcoin => Legal => Topic started by: rico666 on February 04, 2014, 04:07:16 PM



Title: I probably need to sue Apple
Post by: rico666 on February 04, 2014, 04:07:16 PM

When I bought my iPad, I have not been informed that Apple would censor potentional use cases
for this device at it's own discretion.
I have not been informed, that BTC-related apps for monitoring, accessing wallets/pools etc. would be
considered illegal (by Apple) and therefore banned from the app store.
I was assuming that every use case (long time) considered legal on my Android smartphone would also
be considered legal by Apple.
Unfortunately I have been mislead.

see e.g.

  • http://bitcoinmagazine.com/9664/coinpunk-making-unbannable-ios-wallet/
  • http://www.theguardian.com/technology/2013/dec/10/apple-blocks-bitcoin-payments-on-secure-messaging-app-gliph
  • http://www.reddit.com/r/Bitcoin/comments/1b65hj/
etc.

I am not a iOS developer, but a user/customer, so I am approaching this from the POV from an
bitcoin user who has been sold a general purpose computer artificially restricted. This lowers the
value of my iPad at least by 40%.

So how to proceed to make this lawsuit happen? I assume, I should require a statement
on this matter from Apple first and then consult it with a lawyer?


Rico


Title: Re: I probably need to sue Apple
Post by: mgio on February 04, 2014, 04:51:57 PM
Sorry, but you don't have a case. I wouldn't bother. It's going to cost you a lot of money and go nowhere and the most that you will ever be able to recover is the cost of your iPad, which is <$1000 even for the most expensive model. I don't see how you could claim any damages beyond that amount.

Apple never misled you. From when the first user-created app was released for the iPhone, Apple has ALWAYS has exercised 100% control as to what they offer in their app store. They never claimed otherwise. If you didn't realize this when you bought your iPad then you must live in a cave. Apple has never allowed bitcoin wallet apps on iPhone/iPad and won't anytime soon. And they never claimed they would.


Title: Re: I probably need to sue Apple
Post by: runam0k on February 04, 2014, 05:01:42 PM
March into an Apple store and kick up a fuss. Demand your $ back and go and buy an Android tablet. Try and get your story in the local paper too, if you can.

If enough people complain, Apple might take notice. You never know.


Title: Re: I probably need to sue Apple
Post by: TheButterZone on February 04, 2014, 09:15:58 PM
You probably signed away the right to sue and acknowledged that you were limited to Apple's discretion when you agreed to their 50,000 page terms and conditions.


Title: Re: I probably need to sue Apple
Post by: TheFootMan on February 06, 2014, 01:28:31 PM
rico666: If you have the time and money, go ahead, and please make lots of media noise as well.

If you don't have a lot of time and money - simply forget all of it.

A solution could be to jail-break your device and install the software you want 'illegally'. If you cannot do that yourself, get someone to do it for you.

A better solution might be do abandon Apple HW completely and use something else. Perhaps even return it to where you purchased it?

Not allowing a user to run anything he wants on a device he has legally purchased for private use, is in my opinion a criminal act. As such, Apple is an illicit actor. Perhaps some complaints to consumer protection agencies could be in its place?


Title: Re: I probably need to sue Apple
Post by: WompRat on February 06, 2014, 02:03:38 PM

When I bought my iPad, I have not been informed that Apple would censor potentional use cases
for this device at it's own discretion.
I have not been informed, that BTC-related apps for monitoring, accessing wallets/pools etc. would be
considered illegal (by Apple) and therefore banned from the app store.
I was assuming that every use case (long time) considered legal on my Android smartphone would also
be considered legal by Apple.
Unfortunately I have been mislead.

see e.g.

  • http://bitcoinmagazine.com/9664/coinpunk-making-unbannable-ios-wallet/
  • http://www.theguardian.com/technology/2013/dec/10/apple-blocks-bitcoin-payments-on-secure-messaging-app-gliph
  • http://www.reddit.com/r/Bitcoin/comments/1b65hj/
etc.

I am not a iOS developer, but a user/customer, so I am approaching this from the POV from an
bitcoin user who has been sold a general purpose computer artificially restricted. This lowers the
value of my iPad at least by 40%.

So how to proceed to make this lawsuit happen? I assume, I should require a statement
on this matter from Apple first and then consult it with a lawyer?


Rico


You would only have a case if they forcibly removed the software from your device. They are perfectly entitled to restrict what they want on the app store. 


Title: Re: I probably need to sue Apple
Post by: mgio on February 06, 2014, 05:05:19 PM
rico666: If you have the time and money, go ahead, and please make lots of media noise as well.

If you don't have a lot of time and money - simply forget all of it.

A solution could be to jail-break your device and install the software you want 'illegally'. If you cannot do that yourself, get someone to do it for you.

A better solution might be do abandon Apple HW completely and use something else. Perhaps even return it to where you purchased it?

Not allowing a user to run anything he wants on a device he has legally purchased for private use, is in my opinion a criminal act. As such, Apple is an illicit actor. Perhaps some complaints to consumer protection agencies could be in its place?

Actually there is nothing "illegal" about jailbreaking your device. Apple does not make it easy for you to run your own software on it and there is no law that says they have to.


Title: Re: I probably need to sue Apple
Post by: pontiacg5 on February 06, 2014, 05:14:47 PM
rico666: If you have the time and money, go ahead, and please make lots of media noise as well.

If you don't have a lot of time and money - simply forget all of it.

A solution could be to jail-break your device and install the software you want 'illegally'. If you cannot do that yourself, get someone to do it for you.

A better solution might be do abandon Apple HW completely and use something else. Perhaps even return it to where you purchased it?

Not allowing a user to run anything he wants on a device he has legally purchased for private use, is in my opinion a criminal act. As such, Apple is an illicit actor. Perhaps some complaints to consumer protection agencies could be in its place?

Actually there is nothing "illegal" about jailbreaking your device. Apple does not make it easy for you to run your own software on it and there is no law that says they have to.

I'm pretty sure defeating the built in security on a tablet is still a DCMA violation, which means it's illegal. Would anything ever happen to you? No.

For some reason doing the same thing on a phone is fine, but not a tablet. Something about it's OK to take control of an iphone, but not an Ipad, nook book reader, or a gameboy because those might be called a tablet too. Just the logic of those in charge...

You should do what rational people do, sell the ipad and buy something better. I'm sure people told you beforehand why apple was bad, now you see first hand. It's a bitch, isn't it?




Title: Re: I probably need to sue Apple
Post by: danieldaniel on February 09, 2014, 04:38:31 PM

When I bought my iPad, I have not been informed that Apple would censor potentional use cases
for this device at it's own discretion.
I have not been informed, that BTC-related apps for monitoring, accessing wallets/pools etc. would be
considered illegal (by Apple) and therefore banned from the app store.
I was assuming that every use case (long time) considered legal on my Android smartphone would also
be considered legal by Apple.
Unfortunately I have been mislead.

see e.g.

  • http://bitcoinmagazine.com/9664/coinpunk-making-unbannable-ios-wallet/
  • http://www.theguardian.com/technology/2013/dec/10/apple-blocks-bitcoin-payments-on-secure-messaging-app-gliph
  • http://www.reddit.com/r/Bitcoin/comments/1b65hj/
etc.

I am not a iOS developer, but a user/customer, so I am approaching this from the POV from an
bitcoin user who has been sold a general purpose computer artificially restricted. This lowers the
value of my iPad at least by 40%.

So how to proceed to make this lawsuit happen? I assume, I should require a statement
on this matter from Apple first and then consult it with a lawyer?


Rico

This is actually pretty funny. 


Title: Re: I probably need to sue Apple
Post by: BTCWizard on February 11, 2014, 12:34:08 PM
Just sell your ipad, with the resale value you probably can buy a better Android tablet.

The idea about making a fuss in an Apple store and demand your money back and get it in the local paper is even better.

Don't sue them though, they have more expensive lawyers than you probably can afford and their terms and conditions which you agreed too, will probably have this covered.


Title: Re: I probably need to sue Apple
Post by: murraypaul on February 11, 2014, 03:43:21 PM
I was assuming that every use case (long time) considered legal on my Android smartphone would also
be considered legal by Apple.

Then you failed to do any basic research on your purchase, and it is your own damned fault.


Title: Re: I probably need to sue Apple
Post by: TheFootMan on February 12, 2014, 03:28:11 PM
I was assuming that every use case (long time) considered legal on my Android smartphone would also
be considered legal by Apple.

Then you failed to do any basic research on your purchase, and it is your own damned fault.

Life's short - who on earth reads all the fine text in all these EULA's ?

If the EULA said "By using this product you agree to hand over your soul to us when you depart from this world, and all of your children have to work for us free of charge for a period of 5 years", do you think that would be legaly binding?

As far as I can remember, companies have sometimes been told by a court of law that their EULA does not make sense, and it's essentially been thrown out.


Title: Re: I probably need to sue Apple
Post by: murraypaul on February 12, 2014, 04:51:00 PM
The EULA has nothing to do with it.
I don't believe that anyone who had done any basic research wouldn't know that Apple curate their app store.
It is like complaining that you can't play GT5 on the XBox360.


Title: Re: I probably need to sue Apple
Post by: TheFootMan on February 12, 2014, 06:06:56 PM
The EULA has nothing to do with it.
I don't believe that anyone who had done any basic research wouldn't know that Apple curate their app store.
It is like complaining that you can't play GT5 on the XBox360.

Agreed. My input was more a general one. Still, imo, it's morally wrong to censor non-malicious apps from an app store, and it seems like I'm not alone in having this opinion.


Title: Re: I probably need to sue Apple
Post by: howardb on February 14, 2014, 10:34:39 PM
The EULA has nothing to do with it.
I don't believe that anyone who had done any basic research wouldn't know that Apple curate their app store.
It is like complaining that you can't play GT5 on the XBox360.

Agreed. My input was more a general one. Still, imo, it's morally wrong to censor non-malicious apps from an app store, and it seems like I'm not alone in having this opinion.
It is an interesting question though. There is no 'body' that is going to stand up for the legal rights of bitcoin community, thats why the Apples of this world play fast and loose with individuals rights and free trade laws and discrimination laws.

Perhaps there is a case for a community funded body (not the bitcoin foundation) to look after the communities legal rights and provide marketing. I for one would contribute.


Title: Re: I probably need to sue Apple
Post by: sqabeloth on February 19, 2014, 06:32:25 PM
Are you really thinking to sue Apple?  It's going to cost you a lot of money and you will not even be able to recover the cost of your iPad


Title: Re: I probably need to sue Apple
Post by: TonyZX on February 20, 2014, 12:13:02 PM
The best thing you can do is to be rational person and sell your iPad otherwise you'll lose a lot of money in this case.


Title: Re: I probably need to sue Apple
Post by: MakeBelieve on February 20, 2014, 12:13:57 PM
The best thing you can do is to be rational person and sell your iPad otherwise you'll lose a lot of money in this case.

Do this no court would take you seriously and with the amount of money apple has they would never lose against any of us.