Cupertino (CA) - Apple claims to be telling the truth, and nothing but the truth. However, you shouldn’t believe what the company says either – and it’s not Apple’s fault, if you do. At least that is the firm’s legal response to a lawsuit alleging that Apple is responsible for misleading iPhone 3G advertising.
Apple submitted a nine-page legal document in response to a complaint filed by a 70-year-old resident of San Diego, William Gillis, who claims that Apple misleadingly advertised the iPhone 3G when it claimed it was “twice as fast for half the price” compared to the original handset.
The company’s rebuttal, published by Wired, states that Apple was truthful. However, what follows those extensive claims that the ads were truthful is a rare piece of legal language art and marketing experts would not have been able to conceal the true implication in a better way: "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," Apple’s answer states.
Huh?
Can we translate this to “if you are dumb enough to believe everything we say, its not really our fault”?
Gillis filed his suit on August 29 of this year, focusing on exaggerated 3G speed claims by Apple and the fact that the iPhone 3G had trouble achieving the speed levels promised by Apple. Apple filed its reply some time ago, on September 5, and filed a request to dismiss the case on October 8.
Apple acknowledged the iPhone 3G’s issues in the past, and they have made promises that all of the issues would be addressed with future software updates. Consumers claim that the most recent firmware version, iPhone 2.2, seems to have repaired the issue of dropped calls, but hasn’t done much for issues concerning reception or network speed.
Apple seems to be holding their own in the U.S. Courts. However, the company has not had great success in the United Kingdom. The United Kingdom Authority has banned two iPhone 3G advertisements, claiming that they are misleading because they exaggerate the capabilities of the handset.
Apple submitted a nine-page legal document in response to a complaint filed by a 70-year-old resident of San Diego, William Gillis, who claims that Apple misleadingly advertised the iPhone 3G when it claimed it was “twice as fast for half the price” compared to the original handset.
The company’s rebuttal, published by Wired, states that Apple was truthful. However, what follows those extensive claims that the ads were truthful is a rare piece of legal language art and marketing experts would not have been able to conceal the true implication in a better way: "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," Apple’s answer states.
Huh?
Can we translate this to “if you are dumb enough to believe everything we say, its not really our fault”?
Gillis filed his suit on August 29 of this year, focusing on exaggerated 3G speed claims by Apple and the fact that the iPhone 3G had trouble achieving the speed levels promised by Apple. Apple filed its reply some time ago, on September 5, and filed a request to dismiss the case on October 8.
Apple acknowledged the iPhone 3G’s issues in the past, and they have made promises that all of the issues would be addressed with future software updates. Consumers claim that the most recent firmware version, iPhone 2.2, seems to have repaired the issue of dropped calls, but hasn’t done much for issues concerning reception or network speed.
Apple seems to be holding their own in the U.S. Courts. However, the company has not had great success in the United Kingdom. The United Kingdom Authority has banned two iPhone 3G advertisements, claiming that they are misleading because they exaggerate the capabilities of the handset.