Apple Gets Hit with IBrick Suit

A California man, Timothy Smith, has filed a lawsuit against Apple in a Santa Clara County Superior court, accusing the company of turning his unlocked iPhone into useless piece of electronics. In court papers filed by Smith's attorney Damian Fernandez, it is alleged that Apple is violating California's antitrust laws.

Smith argues in court papers filed Friday and made available at InfoWeek Apple is in violation of California's Cartwright Act because "Apple prohibits iPhone consumers from using and purchasing a cell phone service other than through AT&T."

The case may also hinge on a clause in the Digital Millennium Copyright Act (DMCA) that Fernandez interprets to mean a carrier-subsidized phone can be unlocked 90 days after purchase.

Skeptics of the suit's merit are quick to point out the iPhone was not subsidized when sold by Apple or AT&T.

The suit does not seek a monetary settlement, but instead asks the court to issue an injunction again Apple preventing it from selling the iPhone with a software lock. The suit also attempts to force Apple to honor warranties of those iPhone customers who have "unlocked" their phone and to stop requiring iPhone customers to buy wireless access from AT&T.

Apple and AT&T are also being sued by a New York woman angry over Apple's $200 iPhone price cut.

Comments

Is there a Lawyer out there willing to take my case against all these plaintiffs? They have caused me undue stress every time my stock takes a hit and I loose thousands of dollars in a day. I?m serious! It's a news story...your name in print??? Come on!

Yroc

October 12, 2007

8:34 AM PT

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