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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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

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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.

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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.

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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.

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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.

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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.

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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 ;-)

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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?

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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.

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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.

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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!

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Heart

Love

Teg, I love your writing style

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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"

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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.

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Go

Cooling

Or start selling piezoelectric cooling covers with heat dissipating gills.

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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.

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FAIL

Yes but

Did they hold it correctly?

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Coat

Are they....

Holding it the right way?

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

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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.

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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.

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Jobs Halo

A title is required here

Just move to a colder climate.

Not that big of a deal.

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This post has been deleted by a moderator

Troll

Newsnight on Monday

Your post reminded me of last Monday's edition of Newsnight, live from Sheffield, debating the coalition government.

Comical highlight for me was one student moaning about university fees and saying "Some of my friends have had to get part-time jobs to afford their fees!"

Another said that students shouldn't pay their fees because that's "unfair", "the government" should pay ... boo hoo hoo ... but where does "the government" get it's money from deary? The tax paying public, and a quarter borrowing ATM, so it's the rest of us and our descendants.

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Coat

Did you know ...

that Harddisks are specified to operate as high as 3000m/9000feet?

What with people living in some elevated region, the Andes come to mind.

Friend of mine hat two hd crashes traveling by bus from Argentina to Bolivia.

Mines the one with the mile high member card in the pocket.

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Stop

Indeed, but why stop there?

Freeloading kids getting their education paid for by our taxes, let's get rid of public schools (educated in Scotland, I call them public and private schools) altogether, that'll stop students thinking they've got a right to free education when they leave school.

I mean, why would we, as a country, want to support the intellectual development of our population? And who cares if they have to neglect their studies to work so that they can go to university at all, and end up with a poorer knowledge and degree because of it?

I disagree with frivolous degrees as much as the next person, but you're being a dick.

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Go

Just a normal day to me

Here in the sunny south we treat 35c (95F) as a cool snap. We've had several weeks this year that had temps past 100F (39c) and even a few sustained runs at 103+F (40c os so). Gotta be tough (or have a vested interest) to put up with this kind of heat, but once you get aclimated it give a whole new meaning to the phrase "when hell freezes over".

Oh well, truth is most sensitive electronic gear needs to be kept cool and the good Lord knows Apple and The Sacred J are about as sensitive as they come.

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3000 Metre Altitude Limit

You'll find that most hard disks will not operate properly over 3000m altitude not just the ones in IPADs. Ask any trekker in the himalayas about the performance of his/hers laptop netbook. I've discovered this recently while visiting Tibet. My machine took ages to start up, and as for using photoshop forget it.

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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.

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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.

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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.

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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!"

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Anonymous Coward

Brits use mph

A message is required

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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.

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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.

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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!!!!

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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.

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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!)

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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?

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FAIL

um

Small difference between iPad and iPhone4.

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Anonymous Coward

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

God, you're predictable, Webster.

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Jobs Horns

Difference between iPad and iPhone4?

Not much - same defective OS and same crippled designs.

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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!

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