Feeds

Apple must be tried for the bug in every fanboi's pocket

Yes, she's talking about the iPhone

Choosing a cloud hosting partner with confidence

Apple will stand trial over accusations that it misled iPhone owners by storing detailed information about their location even when location was switched off, a judge ruled yesterday.

Apple had asked for the class action location-tracking case against it to be dismissed, but Judge Lucy Koh of the San Jose District Court in California said yesterday that the iPhone-maker should defend its position in court.

However Judge Koh discounted six of the complainants' eight claims against Apple including the claim that it had infringed US privacy and wiretap laws.

Koh dismissed the privacy claim against Apple because the plaintiffs had failed to prove that the data collection and storage caused them any personal injury.

But Apple will be tried on two counts: for violations of the Consumer Legal Remedies Act and for violations of the Unfair Competition Law.

The Consumer Legal Remedies Act prohibits “unfair or deceptive acts or practices” and the contrast between Apple's promise to protect user data in its App Store and its alleged practice of giving user data to third-party apps without warning, merited a court case, the judge said.

Unfair Competition law guards against companies mis-selling products and in this case, the claim hinges on the fact that switching off location services on the iPhone did not result in said services actually switching off. This was seen as a potential mis-selling of the device – installing an "off switch" that did not work.

Apple's claim that the benefits of this outweighed the harm to the consumer would have to be tested in court, Koh concluded.

iPhone users brought the case as a class action suit in 2011 after two privacy researchers discovered a file on the iPhone that stored its user's movements in detail for periods of years. The location files were linked to the Unique Device Identifier, age, gender, name and credit card details of the phone's user.

Third-party apps were able to make use of the data.

Apple said the storage of the data was a bug and issued a fix.

Claims against Apple's third-party app partners were also dismissed. ®

'iPhone litigation' San Jose District Court in California Case No: 11-MD-02250-LHK

Providing a secure and efficient Helpdesk

More from The Register

next story
Crouching tiger, FAST ASLEEP dragon: Smugglers can't shift iPhone 6s
China's grey market reports 'sluggish' sales of Apple mobe
Sea-Me-We 5 construction starts
New sub cable to go live 2016
EE coughs to BROKEN data usage metrics BLUNDER that short-changes customers
Carrier apologises for 'inflated' measurements cockup
Comcast: Help, help, FCC. Netflix and pals are EXTORTIONISTS
The others guys are being mean so therefore ... monopoly all good, yeah?
Surprise: if you work from home you need the Internet
Buffer-rage sends Aussies out to experience road rage
EE buys 58 Phones 4u stores for £2.5m after picking over carcass
Operator says it will safeguard 359 jobs, plans lick of paint
MOST iPhone strokers SPURN iOS 8: iOS 7 'un-updatening' in 5...4...
Guess they don't like our battery-draining update?
prev story

Whitepapers

Providing a secure and efficient Helpdesk
A single remote control platform for user support is be key to providing an efficient helpdesk. Retain full control over the way in which screen and keystroke data is transmitted.
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.
Beginner's guide to SSL certificates
De-mystify the technology involved and give you the information you need to make the best decision when considering your online security options.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
Secure remote control for conventional and virtual desktops
Balancing user privacy and privileged access, in accordance with compliance frameworks and legislation. Evaluating any potential remote control choice.