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.

apples' response

Dec 03, 2008 11:54     

if you're dumb enough to spend a ridiculous amount on a phone, and the huge monthly bill every month, than you deserve to be lied to.
Dave report abuse vote down vote up Votes: +8

Classic Apple

Dec 03, 2008 12:03     

This line sums up all of Apple's products: “if you are dumb enough to believe everything we say, its not really our fault” Overpriced I-crap.
Headward report abuse vote down vote up Votes: +19

WHAT????

Dec 03, 2008 12:10     

Who said that, I want to know the lawyers in that case I won't be hiring them ever.
Rich report abuse vote down vote up Votes: -1

it's not just apple

Dec 03, 2008 12:16     

Seen the latest Pizza Hut commercial for Panormous? It claims it's so large it never runs out. I'm thinking about throwing a party and then suing them
feed me report abuse vote down vote up Votes: -1

Apple

Dec 03, 2008 12:17     

Apple products are for two types of people... type 1> people with more money than brains. type 2> people that try to act like their special and must have the i-everything no matter what a rip off it is.
Stew Pidd report abuse vote down vote up Votes: +8

@Dave

Dec 03, 2008 12:25     

Maybe Apple's lies were what convinced people to buy the iphone. Dumb buyers or not, don't you think that people should at least get what they paid for?
Spycho report abuse vote down vote up Votes: +13

Rotten Apple

Dec 03, 2008 14:11     

I think this apple is rotten.
Bob32 report abuse vote down vote up Votes: +5

I dont see what is misleading...

Dec 03, 2008 15:27     

I did a network test on a 2G iPhone and a 3G iPhone. The 2G version got a speed of about 130k/sec where as the 3G version got about 350k/sec. To me that sounds twice as fast. And the cost thing it ridiculous. All they ever talk about/care about is new contract pricing. Cell companies have always promoted their stuff that way. Second, and iPhone is a helluva lot cheaper than a blackberry with BES when it comes to yearly cost (at least with ATT). Does Apple do everything like a little angel? No, but neither does any other large corporation.

Ted report abuse vote down vote up Votes: -10

Dear Rich:

Dec 03, 2008 19:09     

I wouldn't worry about retaining any of the lawyers involved in this case on Apple's behalf...you can't afford them.
/// report abuse vote down vote up Votes: +3

Also for Rich

Dec 04, 2008 08:07     

These lawyers are exactly the guys you want to represent you. If they can actually get a court to go with this scheme. The lawyers are brilliant! The execs are scum. I'm a marketing professional, and campaigns like these turn my stomach. They make everyone in the marketing profession look bad. If you have a good product, you don't have to lie or even exaggerate, you just need to explain how the product is valuable. People will buy.

Paul123 report abuse vote down vote up Votes: +2

The Chewbacca Defense

Dec 04, 2008 09:39     

Anyone remember the Chewbacca Defense from South Park?
lowlife report abuse vote down vote up Votes: +0

Well...

Dec 28, 2008 11:16     

NOBODY doesn't like Sara Lee
Walter report abuse vote down vote up Votes: +0