Comments on: Apple's sixteenth affirmative defense

By: Jason, Dallas, Texas

Jason, Dallas, Texas — Tue, 09 Dec 2008 08:08:17 +0000

Anybody else wondering how much time it is going to take the Plaintiff's lawyer to research and write a reply to 32 affirmative defenses. Then how much it is going to cost him to defend upmteenth counter-claims that Apple is going to bring. Seventy Years old and you are suing Apple? Really? There has to be a ton of better people to sue.

By: FreeRange, Denver, CO

FreeRange, Denver, CO — Fri, 05 Dec 2008 19:51:01 +0000

Any reasonable person knows that data rates can fluctuate dramatically, whether its DSL, cable modem, wireless, or cellular. All based on demand, cell tower location, transmission problems, network problems, etc. These types of suits are brought by bottom feeding lawyers who are the only ones that make out on these types of frivolous lawsuits.

By: Corey, K, Seattle WA

Corey, K, Seattle WA — Fri, 05 Dec 2008 19:50:26 +0000

Frivolous. If ever there were a case that screamed America needed reform to the Plaintiff's Bar, this is it. I think the guy should sue CNN for making him look bad, and maybe sue God for making him dumb and greedy. Yea lawyers aren't a drain on business.

By: Martman, Kingston, Ontario

Martman, Kingston, Ontario — Fri, 05 Dec 2008 19:40:47 +0000

Gillis – You are 70! Not much time left. Moments are precious. Try to see things for what they are (it's a phone). Court time will only make you…uh…jaded!

By: Steve Dix, Marietta, GA

Steve Dix, Marietta, GA — Fri, 05 Dec 2008 19:39:49 +0000

When I was a law student in Texas we referred to this as the dog bite affirmative defenses – based on the following line of reasoning:

1. I don't own a dog.

2. Besides, he don't bite.

By: Tom F, Folsom, CA

Tom F, Folsom, CA — Fri, 05 Dec 2008 19:03:44 +0000

This lawsuit is non-sense. If a car manufacturer advertised a car as "twice as fast", should I be able to sue if there aren't any roads in my town that allow me to fufill that claim. The iPhone 3G does indeed support data rates twice as fast as the previous model. If you are in a cell area that doesn't allow you to take advantage of that, thats your problem. Apple doesn't make any claims about AT&T's network capabilities or have any control over them for that matter.

By: jmmx, Portland, OR

jmmx, Portland, OR — Fri, 05 Dec 2008 19:00:31 +0000

– ex ped: If I can find a way to add something to what Jim Goldman wrote at CNBC.com. Otherwise, it’s probably more efficient to just point to his post

Careful of Goldman folks. Yesterday his headline was "Hell Freezes: Piper Downgrades Apple" What B.S. – Munster only lowered estimates – kept BUY rating.

I emailed CNBC and complained (I imagine I was not the only one.) Said that the headline was an outright lie. He changed it, now reads: "Hell Freezes: Piper Lowers Apple Target"

By: Will Walla Walla, WA

Will Walla Walla, WA — Fri, 05 Dec 2008 18:42:35 +0000

Hold on, it seems like Apple is describing the physical capability of the device (and if it is capable of doing that they are being truthful) while the plaintiff is suing about service availability.

Can I sue my cable provider because my internet doesn't consistently run at the advertised speed? They might even argue that "no reasonable consumer" would have expected to get the advertised data rates all the time. I'm pretty sure I can't do that and it would look very similar to this case, or maybe a better analogy would be if I sued the cable router company that advertised a fast speed when I bought the services together… I don't think Apple could be culpable or misleading in their advertising here unless they deliberately rolled out at a time when AT&T was physically incapable of supplying that speed, which it sounds like they were, just not very reliably.

ex ped: That they made the claim in good faith is a separate defense. What surprised me was that they would argue that no reasonable person could read "Twice as fast" and confuse it with a fact.

By: CVBruce, Castro Valley, CA

CVBruce, Castro Valley, CA — Fri, 05 Dec 2008 18:39:03 +0000

Let see. My 500GB hard drive says it's capacity is only 465.44GB. I've never gotten my 802.11g wireless router to transfer files at 55Mbs. My 6Mbs DSL only downloads at about 5.6Mbs. My car doesn't get the EPA rated milage. My airline doesn't try to find my lost luggage, they just sell it to a disposal firm.

I guess I'm just dumb struck anytime something does work like it is advertised to work.

By: BMWTwisty Johnstown, PA

BMWTwisty Johnstown, PA — Fri, 05 Dec 2008 18:28:05 +0000

PED, you will be writing about users having downloaded more than 300 million applications from the App Store, right? Especially since it's a hundred million apps in just the past six weeks and a hundred million more than predicted. You'll be discussing that, right? ex ped: If I can find a way to add something to what Jim Goldman wrote at CNBC.com. Otherwise, it's probably more efficient to just point to his post here.