This article is more than 1 year old
Apple dodges data privacy sueball: Fanbois didn't RTFM*, says judge
A US judge has thrown out an Apple user lawsuit over data privacy, saying that the former fanbois and gurlz had failed to show any evidence that they knew about Apple's privacy policies before they bought their iPhones.
They claimed they had been "harmed" by this behaviour as they would never have paid so much for their iPhones if they'd known Apple was going to do that and said that their mobiles had lost storage space and battery life from the transmission of their data.
Although Judge Lucy Koh acknowledged that there may have been harm done, she said the plaintiffs had failed to show that they'd read, seen or heard anything about the company's data policies before they bought their iPhones.
In order for the case to stand up under law, the complainants would have to show that Apple's misrepresentations in its policies had directly influenced their decision to buy a fruity mobe and none of them could.
"To survive a standing challenge at summary judgment, plaintiffs must be able to provide some evidence that they saw one or more of Apple’s alleged misrepresentations, that they actually relied on those misrepresentations, and that they were harmed thereby," she said in her ruling.
"In a case founded on the premise that Apple’s misrepresentations caused plaintiffs substantial harm, this evidentiary burden is far from unreasonable, yet plaintiffs have failed to meet it." ®
* Read The F*cking (privacy) Manual ...