A federal judge has thrown out a lawsuit that accused Apple of “iBricking” the iPhone 3G and 3GS, reports Macnews. Lead plaintiff Bianca Wofford said Apple told owners of its 3G and 3GS iPhones that the new iOS4 operating system was an upgrade. But the suit says iOS4 made her phone slow and prone to crashes, so, she says, her iPhone became an “iBrick.”
According to the complaint:
In essence, Apple knowingly and intentionally released what it called a system software ‘upgrade’ that, in fact, made hundreds of thousands of third generation iPhones that were exclusively tethered to AT&T data plans ‘useless’ for their intended purpose.
Wofford had sought restitution, disgorgement of Apple’s ill-gotten gains, and damages for false and deceptive advertising, unfair competition, and violations of state consumer protection laws.
Judge Anthony J. Battaglia ruled that the free software upgrade did not amount to a “sale or lease” under California’s Consumer Legal Remedy Act, and therefore the act didn’t apply. He also found the software does not qualify as a “good or service” under the law, and that claims for false advertising and deceptive practices were also not valid. The judge ruled that the claim be dismissed, but gave Wofford 30 days to submit an amended complaint.
