back to article Apple sued over hot iPad shutdowns

Apple's iPad can shut down if it gets too hot, and Jacob Baltazar, Claudia Keller, and John Browning are as mad as hell and aren't going to take it anymore. Those unhappy iPadders have filed suit against Apple — and they're asking the court to elevate their claim to class-action status. Their lawsuit, filed in the US District …

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  1. Steven Raith
    Boffin

    Advertised as "it goes where you go"

    Or goes anywhere, or similar, IIRC (someone else can google the ad), and terms of use state otherwise if you live anywhere other than somewhere described as 'temperate' then that isn't the case?

    Aren't there rules about that in terms of advertising standards?

    Curious, as opposed to iHating, for what it's worth.

    Steven R

    1. Nexox Enigma

      It probably does..

      """Advertised as "it goes where you go""""

      But did they promise it'd work?

      But yeah, this time of year, most of this country (The big one w/ all the guns) is well over 95 degrees F for most of the day (and in many (miserable) places, all night too.) I guess that's why aircon is so popular around there - to keep the iPads from shutting down.

    2. Jeremy Chappell

      Would you sit there?

      So we're talking about strong sunlight - you'd wear a hat right? Or find some shade? The iPad needs similar consideration.

      The amazing thing is nobody said the display was unreadable!

      All electronic devices have conditions they cannot operate in, putting a system in direct sunlight and expecting it to continue to work seems - well foolish.

      1. DrXym

        Ereaders would cope better

        "So we're talking about strong sunlight - you'd wear a hat right? Or find some shade? The iPad needs similar consideration."

        It could still be hot enough in the shade to turn off. I guess the suit's merits rest on whether the device shuts down inside or outside of its published operating range. I imagine it doesn't help the iPad's heat disappation (vs an ereader for example) that it must remain in a high power state burning watts to power the CPU and the display.

      2. Doshu

        Interesting point, but...

        ... aside from the obvious display problems, i would expect a device to keep on operating.

        I'd be more than a little irked if my phone was unavailable in an emergency because i'd spent a little time in sunlight (the phone being a similar take-anywhere device -- especially if one considers the iphone) .

        To put into context, sitting outside it's happened that i've left my phone lying around on, say, a picnic table in direct exposure. It kept right on working when needed.

  2. Anonymous Coward
    Flame

    Why sue?

    Just take the piece of crap back and get your money back. Frigging greedy arseholes piss me off. And I hate apple with passion.

    1. Jeremy Chappell
      Pint

      Like the iPhone

      This is the same nonsense as has people wanting legal action over the iPhone. They want the impossible (a phone that defies the laws of physics and isn't affected by interaction with a "bag of mostly water" or a tablet can can be baked in the sun and still continue to function) but when offered their money back they don't actually want to give these "defective" products up.

      I don't have an iPhone, but I do have an iPad - I think it's great, of course living in the UK, I'm pretty unlikely to see it shutdown because of excessive sunlight. But if I do I'll probably trot off to a nice cool pub so it can cool down, and me too ;-)

      1. Tigra 07

        False Advertising

        I think you will find that they clearly just want apple to stop lying in their advertising.

        That's why they aren't seeking damages, but a fine.

        Maybe they're holding it wrong?

        1. Anonymous Coward
          FAIL

          Actually,

          They just want a phone that works when you touch one finger to the bottom left of the phone - like every other phone. It looks like you've been drinking down the FUD that Steve has been throwing around. The iPhone has 2 signal attenuation problems. Attenuation caused by holding it is minimal (just like with every other phone). Shorting the antenna is only possible on the iPhone, because they were the only clueless muppets who put a shortable antenna on the outside of the phone.

          Clearly you are a fanbois.

    2. Doug Glass
      Go

      Not greedy ...

      ... just unable to reason properly by themselves. What selfrespecting Apple flog wants to be seen actually complaining in the The Sacred J's own house? Far better to hide behind a faceless class action suit. Of couse at least on of the juvemiles has to show his hand, or face, but some people are more brave than smart maybe.

    3. Anonymous Coward
      Anonymous Coward

      Why?

      "Just take the piece of crap back and get your money back. Frigging greedy arseholes piss me off. And I hate apple with passion."

      You can't. Apple are refusing to give people their money back because they say there's nothing wrong with the devices you numb nuts!

  3. smeddy
    Heart

    Love

    Teg, I love your writing style

  4. Anonymous Coward
    Anonymous Coward

    The formula is wrong

    Jobs will post a statement claiming that Apple is "stunned to find that the formula used to calculate how hot the ipad gets is totally wrong"

    1. Pablo

      Maybe

      But in this case that could be a legitimate answer, if it's incorrectly shutting down long before it's at risk of suffering damage that would be a rare case where a firmware patch could actually fix it.

      1. Doug Glass
        Go

        Uh Huh

        Just like a patch was supposed to fix the signal strength huh? The Sacred J will say anything and do anything to get the bois back in suckling position.

    2. Doug Glass
      Go

      Cooling

      Or start selling piezoelectric cooling covers with heat dissipating gills.

  5. David McMahon
    FAIL

    Yes but

    Did they hold it correctly?

  6. Anonymous Coward
    Coat

    Are they....

    Holding it the right way?

    Mine's the one with the "I just had to..." on the back.

    1. Antidisestablishmentarianist
      Stop

      Sadly

      Such comments on 'orientation' officially got 'old' after the 6243rd posting. Yours is the 7821st, so it's time to get a new quip lest ye embarrass yourself.

      1. Anonymous Coward
        Anonymous Coward

        No sense of humor...

        Not to sound disrespectful, belligerent or confrontational, but are you serious? Between the *nix folks and fruity fanboi’s foaming at the mouth when Microsoft stumbles and the Windows & Fanboi’s berating the hell out of any open source or *nix, you’re damn right I’m going to go out of my way to voice my opinion when Apple does not one but multiple stupid things, because I think it’s freaking hysterical!

        Yes, they have developed some amazing technology over the past couple decades, but as a multiple Mac owner, I can recall some fairly serious hardware flaws going all the way back to the Mac SE. I’m sorry, that’s not innovative, that’s just rushing product through the design and manufacturing phases just to suit the sales weenies and Mr. Jobs’ ego. Who gets left holding the bag? The consumer does.

        If you remember the Apple // and //+ & //e series, they had horrendous problems with power supplies. Just about every Macintosh has had heat problems, whether it be transformers in the self-contained mac’s, to poorly designed cooling manifolds, to insufficient thermal paste, placed on the CPU’s to undersized cooling fans. I’m sorry, but you’d figure after 30 years of being in the business of designing and manufacturing moderately high to overpriced equipment, they might pay a little more attention some of the products that suffered, due to rushed, poorly designed or shoddily manufactured equipment.

  7. Leo Stretch
    Jobs Halo

    A title is required here

    Just move to a colder climate.

    Not that big of a deal.

  8. alex 39
    WTF?

    Just take it back if you don't iLike it

    This need to sue because a product slightly pisses you off drives me up the wall! As the youtube song says "if you don't like, it bring it back". The law already protects your consumer rights in this regard, why the need to sue?

    I haven't tried using my iPad outside, but i would imagine you can't see the screen in the sort of bright sunshine that gives rise to 35 degC anyway.

    1. Parsifal

      Kindle

      Funny the kindle works well in bright sunlight, its getting old apple claiming they are flawless and people are just using the device wrong, if this is true then apple have misled the punters, given that the device won't work in summer in the country it was designed in makes it just an expensive door stop.

      And that's the reason people like to dig at Apple, claiming your products are perfect and weaseling out of responsibility claiming the users are at fault for design problems and then putting spin on a 1/2 assed fix to a design problem.

  9. Adrian Esdaile
    FAIL

    NO! The right to sue is the AMERICAN WAY!

    Don't like the rain today? SUE THE WEATHER FORECASTER!

    Don't like the way your mouse picks up fluff? SUE APPLE!

    Don't like the way your teeth get cold when you have ice-cream? SUE THE ICE-CREAM MAKER!

    Here in Commonwealth lands, we just whine a bit.

    Legal action is the American way of whining. One of my favourite Americans, Jamie Hyneman, has the solution to this problem: "Go have a cookie."

    Your iPad getting too hot is telling you to go have a beer and/or cookie. If you are overly religious and believe beer to be the drink of the devil; I suggest you die, then complain to God in person, I'm sure he'll listen and provide you with free legal advice.

    1. Wallyb132
      Troll

      You almost got it right...

      'Don't like the way your teeth get cold when you have ice-cream? SUE THE ICE-CREAM MAKER!"

      Should read "Don't like the way your teeth get cold when you have ice-cream? SUE THE DENTIST!"

      Encouraging people publicly to sue ice cream makers is not socially acceptable, it will force the ice cream makers to unnecessarily raise the price of ice cream out of fear they might actually get sued. besides everyone knows its the dentist's fault, silly...

      "Legal action is the American way of whining. One of my favourite Americans, Jamie Hyneman, has the solution to this problem: "Go have a cookie.""

      That little quote is cute and all, but i think it misses the mark when trying to convey the proper sentiment in these sorts of situations.

      A more fitting and more appropriate response to these people in situations like this, comes from one of the funnier american, Eddie Murphy "Have a coke and smile and shut the fuck up!"

  10. Uwe Dippel
    Flame

    Come on, (fan-)boys!

    Seems you drool around on all tech sites these days to stonewall criticism of the second coming, our lord from Cupertino.

    NOW I know why the thing is so costly: as someone living in the tropics, on a local tropical salary, we simply can't afford the thing. And for good reason so, since temperature tends to rise well above the decreed level.

    Sure, AC and alex39, consumer protection is one thing. But when you drive it into the corner that you project, we all will spend our money, maybe even on credit, go and buy stuff that fails left and right, and once it does, we may return it. That - to me - is a horrifying scenario. At least I have better things to do with my time, than buying stuff 'on test' and if they fail what they promised in the ad, my only remedy is, to drive back (on my own expenditure and time), to reclaim my money.

    I already hate the current avalanche of beta-software that works, or just doesn't. But at least it's free (in the sense of 'no cost involved'). But I would love to sue anyone who brings half-brewed shit to the market, and graciously refunds my money, when it actually turns out to be that: shit.

    1. Andy Jones
      FAIL

      Do what John?!

      Are you a moron or something? The consumer protectionlaws are to protect you, the consumer, from being ripped off by businesses. You may not realise it but businesses do not care about you, all they want is your money. If they can sell you crap they will sell you crap. If they can lie to you just to get you to buy something then they will damn well lie to you. Why? As stated, they just want your money - THEY DO NOT CARE ABOUT YOU.

      If you buy something and it does not live up to its promise, that the business said it can do this and that and it bloody well can't, then you are entitled to a refund.

      If you buy something and it turns out to be faulty then you are entitled to a refund.

      If you buy something and it breaks within the expected lifetime of the equipment, which in the UK is 6 years, then you are entitled to either the business fixing it for you or replacing it.

      If you find this a horrifying scenario, that you have the right to get a refund when a business rips you off through lies, or you have the right to get a refund or items fixed/replaced if they break within a certain period of time, then you are a complete and utter moron.

  11. Matthew Barker
    Headmaster

    Hmmm?

    Who the hell wants to sit in the sun in 95 degree weather and read. And electronic gadgets always have a limitation. I can dip a book in water and, as long as I fan out the pages, I can still read it when it's dry.

    My daughter's iPod shuffle went through the wash twice (at 800 rpm) and still works. Maybe I should sue Apple for a product that violates its environmental limitations.

    Probably the reg should start a US-only column modeled on "flame of the week", called "stupid class action lawsuit of the day". Make sure you put pictures and addresses of the folks bringing the lawsuit so we don't accidentally hire them.

    1. JohnG

      Who the hell wants to sit in the sun in 95 degree weather and read?

      My wife and any of my former girlfriends do/did exactly this on holiday: Lie on the beach or next to the swimming pool in a bikini, reading some book.

      1. Doug Glass
        Go

        Sippin' on some suds ...

        .. and sliding down into the shoals every now and then to get another sitting there cooling. Start that pig roasting early afternoon and wait for the alcohol to do it's job.

      2. Wallyb132
        Thumb Down

        I would love to sit in the sun in 95 degree weather and read...

        I would love to sit in the sun in 95 degree weather and read...Unfortunately thats not an option here. When the thermometer hits 95 here it usually occurs early in the morning, and doesn't make a stop, mother nature just honks the horn as the bus passes by!

        Here in Arizona, they like to say "But its a dry heat"... Bullshit! I'm sitting on my patio typing this, Its just after noon, and its balmy 102F (38C), humidity is 41%, winds from the east at 9mph (thats 15kph for you Brits), blowing just enough to give the effect of slow roasting in a convection oven. High today will hit 111F (41C) degrees with a 40% chance of afternoon showers and thunderstorms.

        95 Degrees would feel like paradise right about now.

        This lawsuit does explain one thing tho, it explains why the ipad isnt widely popular here in arizona, even if we werent in a state of economic crisis, i doubt the people here would buy an overpriced seasonal device.

        1. Anonymous Coward
          Anonymous Coward

          Brits use mph

          A message is required

    2. Doug Glass
      Go

      Dude!!!

      95F is just a walk in the park. We in the sunny south have long known how to deal with it. Get yourself a hot woman and trust me, everything else will be a cool breeze.

  12. Terry Kiely
    Badgers

    iTent

    I can see the website now~~~

    claim here within 30 days to receive your free iTent. If you have already purchased one we will refund etc... etc...

    Badgers 'cos they know to stay in their hole when it gets hot.

  13. Dagg Silver badge
    Paris Hilton

    The Next Gen with wings

    I'll wait for the next generation that has wings. The wings will act as radiators to shed the extra heat. Paris cos she probably uses pads with wings.

  14. Geoinerworks

    Idiots

    Ok I live in AZ, Scottsdale to be exact, and I sit outside all the time with my iPad where the temps reach over 100 in the shade. I am out there for an hour at a time or more and this never happens to mine. I think it's a bunch of shit!, my net book computer that has a 12hr battery life only lasts about 3 because every fan is running at full speed to keep it from over heating maybe I should sue!!!!

    1. Anonymous Coward
      Thumb Up

      Arizona

      I live in Arizona as well, and in the hotest parts of the day my iPad is working just fine over duration. I hadn't ever heard this happens until I was just checking on current articles and ran across this one.

      What's the indication when it turns off it's due to thermal?

      Is there a specific message that pops up like "Shutting down device it's running too hot"?

      Just curious.

  15. JaitcH
    Jobs Horns

    Lemon 4: Now It's 12 Defects

    I guess this means that Lemon 4 communicators should be kept north of the Tropic of Cancer - the circle of latitude on the earth that marks the apparent position of the sun at the time of the northern solstice.- AND south of the Tropc of Capricorn - the circle of latitude on the earth that marks the apparent position of the sun at the time of the southern solstice.

    This makes the Lemon 4 ideal for northern residents of Canada, and Laplanders, where it is bloody cold and they wear gloves so there won't be antennae problems.

    Recall time?

    1. Lottie
      FAIL

      um

      Small difference between iPad and iPhone4.

      1. JaitcH
        Jobs Horns

        Difference between iPad and iPhone4?

        Not much - same defective OS and same crippled designs.

        1. Lottie

          True

          But combining the iPhone and iPad flaws together to make an argument is a little silly now isn't it?

          After all, bitching about aerial design on a device without said aerial? C'mon!

    2. Anonymous Coward
      Anonymous Coward

      re: "Lemon 4: Now It's 12 Defects"

      God, you're predictable, Webster.

    3. Anonymous Coward
      Anonymous Coward

      Zzz

      You're not as witty as you think you are, sir.

  16. Jah

    Its all to with the rubber case!

    The standard Apple case for the iPad is made of rubber and it is probably causing the iPad to over heat. Perhaps Apple should recall the rubber cases and offer refunds!

    (you could probably make 4 iphone 4 rubber cases from every iPad case!)

  17. Jim_aka_Jim
    Coat

    Temps

    "Operate iPad in a place where the temperature is between 0° and 35° C (32° to 95° F). Low- or high-temperature conditions might temporarily shorten battery life or cause iPad to temporarily stop working properly."

    Here in Hungary with blazing hot summers and freezing cold winters, that would mean I couldn't use the iWhatever outside for 4 months of the year. And if I didn't own aircon I couldn't use it at all during the summer months.

    That doesn't sound fit for use to me. Infact, it sounds crap. Can I sue Apple if I don't own an iPad?

    1. Volker Hett

      Do you own any other portable electronics?

      Notebook, digital camera, MP3 player etc.pp?

      Chances are, that they are specified in the same temperature range.

    2. Doug Glass

      Four Months???

      A/C comes on in early March and it stays on until early October. Makes for a fairly high power bill if your insulation is substandard, but we make up for that with Winters most people seem to call a cool summer day.

      And you don't have to shovel heat.

  18. Select * From Handle
    Joke

    Well that what you get.

    if you are a fanboi, who belives everything apple tells you... the next reg apple topic will be, people are suing apple because they are getting virus's on their macs...

  19. Velv
    FAIL

    Read the Specifications

    "Operate iPad in a place where the temperature is between 0° and 35° C"

    When all the hype was taking place I read the specifications page and thought "well there;s another good reason not to buy one"

    Now it could be argues that the UK rarely exceeds these, but sometimes it does (I'm in Scotland, we do cold!)

    But maybe a couple of times a year I go to popular places where it does exceed these limits (err, Apple - California!).

    So it's double fail:

    1. Trying to sue Apple if you exceed the operating limits

    2. Apple - for producing a pile of crap that doesn't work in normal regional temperatures.

  20. Bobajobbob

    Losers

    Professional predatory blackmailing extorting losers. The US is full of them. Forgedaboutit.

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