steve jobs

Associated Press


The iPhone 4 went on sale less than a week ago, and already it is the subject of a class action lawsuit, with another one in the works.

The suit, brought against Apple and AT&T on behalf of everyone who has purchased one of the phones, is based on the widely reported problem with the new iPhone's antenna -- making contact with a certain part of the phone can cause a dramatic loss of signal strength. The plaintiffs in the suit argues, in part:

  • The design flaw renders the iPhone 4 "unfit for [its] intended purpose".
  • Apple and AT&T were negligent in marketing a defective product, and intentionally misled consumers.
  • Apple is violating its warranty by not replacing the defective phones.

This is absurd.

Don't get us wrong: we have zero sympathy for Steve Jobs's "where's the fire?" attitude to the antenna problem. Sure, the loss of signal strength isn't a problem for people in strong coverage areas. And yes, there are relatively painless fixes. But Apple massively screwed up by releasing a phone that loses a significant level of signal strength when held in a perfectly natural grip.

That said, it is ridiculous to suggest that the iPhone 4 is unfit for its intended purpose. It's an awesome phone. Unlike earlier models, it's even good as a phone unless you refuse to cover the "death spot" and hold it in your left hand. It has an embarrassing design flaw that might force you to change your grip or shell out for a case. If that's a dealbreaker, don't preorder a phone no one has ever used.

The fact is, no one has really been put out all that badly by this. Apple screwed up, and has handled it childishly. And in our tort-happy society, that means people think they deserve a big pay day.

They don't.

Read the complaint below, via All Things D:

ECF 1 Complaint -