Apple: Don't believe the iPhone 3G truth

Apple: Don't believe the iPhone 3G truth

Summary: Don't believe what Apple says in its iPhone 3G advertisements, even though the company claims it's not lying.In a nutshell, that's Apple's legal response to a lawsuit alleging misleading advertising for the iPhone 3G.


Apple iPhone 3G lies?Don't believe what Apple says in its iPhone 3G advertisements, even though the company claims it's not lying.

In a nutshell, that's Apple's legal response to a lawsuit alleging misleading advertising for the iPhone 3G.

You follow?

The corporation's nine-page legal document (.pdf) is a response to a complaint filed by William Gillis, a 70-year-old San Diego resident who alleges that Apple falsely advertised the iPhone 3G by calling it "twice as fast for half the price" compared with the original handset.

Some of the 32 points that Apple makes in the rebuttal say that the company was being truthful -- but one paragraph says, in effect, that anyone who believes what the company says in its ads is what Wired Gadget Lab's Brian X. Chen calls "a fool."

"Plaintiff's claims, and those of the purported class, are barred by the fact that the alleged deceptive statements were such that no reasonable person in Plaintiff's position could have reasonably relied on or misunderstood Apple's statements as claims of fact."

First, some background: Gillis was one of several dissatisfied iPhone 3G customers who filed lawsuits alleging Apple falsely advertised the handset's performance. The lawsuits address a wide range of complaints; complaints allege frequently dropped calls, sluggish broadband speeds and the inability to stay on 3G before getting kicked to the slower EDGE network.

Apple has already moved to dismiss some of the suits, but Gillis' remains a thorn in its side.

Apple has acknowledged the iPhone 3G's network issues in the past and promised the problems would be addressed with future software updates. The most recent firmware version,  iPhone 2.2, seems to be helping the issue of frequent dropped calls. Reception, on the other hand, is another story.

Apple hasn't been so lucky in U.K. courtrooms, though. The U.K. Advertising Standards Authority banned two iPhone 3G advertisements, deeming them misleading for exaggerating the speeds and internet capabilities of the handset.

Think Gillis' complaint has legs? Tell us your iPhone 3G woes in TalkBack.

Topics: Mobility, Apple, Hardware, iPhone, Networking, Wi-Fi

Andrew Nusca

About Andrew Nusca

Andrew Nusca is a former writer-editor for ZDNet and contributor to CNET. During his tenure, he was the editor of SmartPlanet, ZDNet's sister site about innovation.

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  • Apple's sounding...and acting...more like M$ every day.

    Arrogance abounds to the core.
    • Nope

      Apple is sounding...and acting...just like Apple. The folks at Microsoft are amateurs compared to Apple in the arrogance department.
      • Just use an Android and be happy

        Pay less, get more done. Thats why AT&T and Apple lost 9 phones on me 4 last month 5 this.
        • The phone only a geek could love

          Android: worse UI, tiny app selection, inconvenient and insecure
          syncing... but at least it's open source! If you care passionately
          about open source, by all means buy Android.

          Otherwise just buy an iPhone and be happier.
          • Social Conditioning.

            Look at you, "just buy an iPhone and be happier". Another worker ant under the spell of queen Jobs.

            So utterly blinkered that you fail to see all the other options out there. For you, its iphone or bust.

            Poor little deluded ant.
      • And MS still trying to catch up... nt

        • And MS still trying to catch up... nt

          Although not a huge fan of Windows Mobile, I have to point out that MS is not "catching up" in sales (although they could stand to catch up in functionality). They are the number one smart phone OS in the world. Last time I saw the figures, they were two-thirds of the installed base. Nokia's Symbian was second with about a quarter. I think Rim and Apple are almost at two percent each, now.
          • Updated Smartphone numbers

            Symbian 49.8%
            RIM 15.9%
            Apple 12.9%
            Windows Mobile 11.1%
            Palm 2.1%
          • Are you smoking crack?

            Symbian has been the dominant Smart Phone OS for quite some time now, Windows Mobile has more or less always been a bit of a minnow.
      • Insert....

        head up ass.
        • You mean the CRI...

          Cranial Rectal Inversion - a medical malady cured in most instances by the installation of a window crank in the belly button to 'roll open one's arse far enough to see where one is going'...

    • Agreed

  • RE: Apple: Don't believe the iPhone 3G truth

    ha ha ha ha ha. Someone actually beleives Steve's Ad's? Rofl.
    • Unfortunately they do.

      And they are quite vocal on this forum, quite soon they will be on this blog like a swarm of smug ants doing the bidding of queen jobs.

      Poor little ants, so disposable.
  • Well, heres a chance...

  • 3G Bashers

    These bashers would have a much better argument if the 3G was, in reality, a stinkhole.

    But, I hear it's doing quite well, thank you. And I've heard from 3 people that it has far exceeded their expectations. One commented that the easy scheduling it provides has changed his life.

    Something wrong with that?

    OTH, Windows Mobile is viewed as a disaster and msft knows that ads for that platform are a waste of money.

    Disclosure: Of course I'm long aapl.
    pk de cville
    • Totally agree,!!

      I do not know if its real worry that Apple will become the
      default system or just paranoia when people bitch like this.

      If you do not like the system, do not buy it. SIMPLE.

      Yet these posters (paid by MS???) keep bitching about

      And if they want arrogant, they should have seen the DOJ
      trials of Microsoft. That was true arrogance at its finest.
      Lie to a Federal judge with a straight face, after getting
      caught doing it three times previous. :-)

      It was a very funny show, I must say.

      Just a thought.
    • Oh dear...

      I think the fact that someones life was changed by a scheduling feature on a phone, is frankly tragic.
      • Oh what?

        It's called enthusiasm. It made his or her life easier. As it has made my life easier and I've only had the thing for four days.
  • RE: Apple: Don't believe the iPhone 3G truth

    I absolutely agree with this 3G nonsense. The speeds are atrocious. A part of this has to with the network provider AT&T 9US) and O2 (UK) becuase a lot of the downstream speeds are governed by the condition and bandwidth within the network.

    The phone is merely a modem for data - but the software might also be lacking enough chutzpah.